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Ex-firefighter says he’s a drug addict, not pedophile
Defendant begs for 15 years imprisonment, not 30 years
Saying he was a drug addict and not a pedophile, former firefighter Richard Sullivan Benavente is asking the federal court to sentence him the statutory mandatory minimum of 15 years instead of 30 years that the U.S. government and the U.S. Probation recommend.
In his sentencing memorandum filed in court on Monday, Benavente, through counsel Michael Dotts, said 15 years is still extremely harsh and represents the appropriate sentence.
Dotts said this case exemplifies the evils of drug use as both Benavente and the two minor girls involved in this case used drugs.
Dotts said both Benavente and the minors were exploited by Annette Basa.
The indictment charged Basa and Benavente of engaging in sexual exploitation and sex trafficking of two minors. Both defendants pleaded guilty.
In December 2014, U.S. District Court for the NMI Chief Judge Ramona V. Manglona slapped Basa with a sentence of 17.5 years in prison.
Benavente’s sentencing will be on Feb. 22 at 9am.
Dotts said the fact remains that Benavente was a drug user whose judgment was impaired by the drugs he used, and who had sex with two underage prostitutes on a total of two occasions.
Dotts said Benavente legitimately may have believed that one of those minors was an adult.
“Nothing in the evidence suggests that Benavente sought out minor prostitutes,” the lawyer pointed out.
Dotts said the defendant was presented with the opportunity to buy sex and there is no evidence that if the prostitutes had been adults he would have rejected them.
Dotts said the sex video recording was made with a cell phone and it has never been alleged that it was produced for distribution to pedophiles.
Dotts said unlike a pedophile, who targets minors or a person trying to make a profit by producing or distributing child pornography, Benavente was a drug addict whose judgment was impaired by his drug use and who had sex with underage prostitutes on only two occasions.
He said the video was made with a phone and was certainly for personal use and not distribution.
Dotts said Benavente is a first-time offender without a history suggesting that he had or would abuse children, or was a pedophile.
Dotts said because of the defendant’s substantial assistance to, and cooperation with, the U.S. government, he’s calling for a lower end of the sentencing guidelines range, or 15 years imprisonment.
