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Benavente wants 3 federal prosecutors disqualified
Richard S. Benavente, a former firefighter who pleaded guilty to a count of exploitation of a child, has asked the federal court to disqualify three prosecutors from handling his separate perjury case.
Benavente, through counsel Michael W. Dotts, said that assistant U.S. attorneys Rami Badawy, Garth Backe, and Ross Naughton are percipient witnesses to a critical event in the case.
Dotts said all three could be called to testify and so none of the three should prosecute the case.
Dotts said Badawy has left the Saipan office of the U.S. Attorney’s Office and is not expected to be a trial counsel, but he is included in this motion for completeness.
Even if Badawy, Backe and Naughton do not testify, Dotts said there is a danger in their presenting the case and that danger is vouching.
Dotts said Badawy, Backe and Naughton were actual witnesses as they were present at what the United States has described as “a critical event in this case.”
Dotts said because they are individually intertwined in the events of this case, they simply cannot present the case to a jury without implicitly testifying or vouching.
The defense counsel said different trial counsels are required to present the case against Benavente.
Last February, the defendant pleaded guilty to one count of sexual exploitation of a child.
The charge that Benavente pleaded guilty to was the June 23, 2013, incident in which he “persuaded, induced, enticed, and coerced” an underage girl to engage in sexually explicit conduct that he videotaped using a cellular phone.
Benavente is still under the custody.
Last September, Benavente and Randy A. Igisomar, were indicted in federal court for allegedly making false statements or changing their stories during Raymond Roberto’s trial.
The indictment charged Benavente with three counts of perjury, and one count of obstruction of justice. It also includes a criminal forfeiture allegation. He pleaded not guilty.
