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Firefighter asks court to delay hearing on breach of plea deal
Richard S. Benavente, a firefighter who pleaded guilty to one count of exploitation of a child, has asked to postpone the U.S. government’s sealed motion to declare him in breach of his plea agreement.
Michael Dotts, Benavente’s new lawyer, said the U.S. government’s motion to declare Benavente in breach of plea agreement is set for a hearing tomorrow, Tuesday, at 1:30pm, and the sentencing hearing will be on Sept. 10, 2014.
Dotts said Benavente is expected to testify at the ongoing trial of Raymond Borja Roberto, a former acting director of Division of Fish and Wildlife.
The lawyer said the trial of Roberto does not look likely to end by tomorrow, Tuesday.
Dotts said that Benavente’s testimony in the Roberto case goes to the heart of the motion, and will likely also be something for the court to consider at Benavente’s sentencing.
Therefore, Dotts said, Benavente wants to have the motion heard after the Roberto trial is completed.
Further, Dotts said, the pre-sentence report is complicated and awards an excessive number of points against his client. He said he needs more time to review the pre-sentence report with his client.
Benavente and his then-court-appointed counsel Mark Hanson signed a plea deal with the U.S. government. It was not clear why Dotts replaced Hanson since the motion to declare Benavente in breach of plea deal is sealed.
Benavente pleaded guilty in February to a count of sexual exploitation of a child. It was alleged that he enticed two underage girls to have sex with him on June 23, 2013, and on July 10, 2013. A Federal Bureau of Investigation special agent alleged that Benavente took videos of himself having sex with two 15-year-old girls.
Benavente is still under custody.
The indictment charged the 43-year-old Benavente with two counts of sexual exploitation of a child and two counts of attempted sexual exploitation of a child.
Annette N. Basa, who is facing a separate indictment, allegedly offered the girls to the firefighter in exchange for methamphetamine or “ice” and an unspecified amount of money.
The investigation on Benavente led to the filing of charges against Roberto as the latter also allegedly had sex with the same girl.
