The California Supreme Court refused Wednesday to review the case of a Los Angeles man who pleaded no contest to a series of burglaries that included break-ins at the homes of singers Usher and Adam Lambert and was subsequently convicted of three other burglaries, including one at former NFL player Shaun Phillips’ home.
Benjamin Eitan Ackerman, now 39, was sentenced in November 2023 to 31 years and eight months in state prison in connection with the burglaries.
In a ruling last December, a three-justice panel from California’s 2nd District Court of Appeal rejected the defense’s contention that a judge erred in allowing jurors in Ackerman’s trial to hear about the other six burglaries for which the defendant pleaded no contest along with the three other uncharged offenses.
The appellate court panel’s 11-page ruling noted that there was “overwhelming evidence” against Ackerman and concluded that he received a “fair trial.”
In his opening statement in Ackerman’s trial, Deputy District Attorney Jeff Stodel told jurors the defendant was “heartless,” derived “joy from stealing from people” and sent text messages “bragging about his conquests.”
The prosecutor said Ackerman was “not the typical burglar,” telling jurors that the defendant posed as a real estate agent, signed in under an alias at brokers’ open houses, would sometimes steal expensive items while he was in the homes and would sometimes return later.
Stodel told jurors that Usher and Lambert were among the other victims, saying then that the jury would hear evidence about the burglaries to which Ackerman had already pleaded no contest because it “shows a common scheme or plan.”
The items stolen from Lambert included a framed photo of former Queen lead singer Freddie Mercury given to him by members of the band which included a personal inscription to “Adam” that was “whited out” and read “Ben” when it was subsequently found at Ackerman’s apartment, according to the prosecutor.
Ackerman’s trial attorney, Gary Jay Kaufman, told jurors in his opening statement that his client came into the courtroom before the trial and had “taken responsibility” for the crimes he had committed.
“Mr. Ackerman pled guilty to what he did and he’s fighting what he didn’t,” the defense lawyer said. “He’s here to dispute the ones he didn’t do.”
He urged jurors not to be swayed by musicians or fancy houses, saying that he believed the prosecution would not be able to prove the case beyond a reasonable doubt.
Ackerman was ordered to be taken into custody after the jury’s September 2023 verdict.