Son of Senate president offered plea deal in assault case

PHOENIX (AP) - Two young men charged with sodomizing 18 boys

Ken Bennett

Son of Senate president offered plea deal in assault case

PHOENIX (AP) - Two young men charged with sodomizing 18 boys at a youth
camp last year have been offered a plea agreement that may net them
little jail time and no record of sexual assault.

Clifton Bennett, 18, the son of Arizona Senate President Ken Bennett,
and his co-defendant, Kyle Wheeler, 19, were charged in January with 18
counts of aggravated assault and 18 counts of kidnapping for the
incidents, which happened at a youth camp last June.

The younger Bennett confessed to police that he and Wheeler sodomized
the 11- to 14-year-old boys with broomsticks and flashlights in at
least 40 incidents, court documents show.

Yavapai County prosecutors now say they'll drop all but one assault
charge and likely recommend little or no jail time if Bennett agrees to
plead guilty.

Wheeler has been offered a similar deal but faces an additional assault
charge for choking three boys until they passed out.

The plea agreements were presented in court last week and could be
finalized Monday.

The plea deal infuriated parents of some of the boys, who say their
sons were sexually assaulted and traumatized. They want Bennett and
Wheeler to face sexual-assault charges, undergo mental evaluations and
do more jail time.

The boys have had trouble going to the bathroom, sleep with clothes on,
are afraid at night, and have undergone sexual-assault counseling,
parents said.

"Our biggest concern is that these kids are going to do it again," the
mother of an 11-year-old Tucson boy told The Arizona Republic. "My son
had something shoved up his butt seven or eight times. If that's not
sexual assault, what is?"

Prosecutor James Landis told a judge at last week's hearing that the
"broomsticking" was a hazing ritual and a punishment, not sexual
assault.

The plea agreement describes the assault charge as "a non-dangerous,
non-repetitive offense."

Landis told the judge the case was never viewed as "sexual in nature,"
partly because prosecutors could not prove the two young men had sexual
intent.

But legal experts, sex-crimes prosecutors and victims'-rights lawyers
say the acts clearly fit the definition of sexual assault.

"They could have been charged with sexual assault," said Sue Eazer,
supervisor of the Pima County Attorney's Special Victims Unit. "Sexual
assault is oftentimes not motivated by sexual desire."

Requiring proof of intent in a sexual assault case is a "red herring,"
according to Andrew Vachss, a New York lawyer specializing in child
cases who is also a best-selling author on the subject. He said intent
in this case is being used as an excuse to cut a deal.

"The bottom line is you don't have to prove sexual intent when you have
such gross assault," Vachss said. "It looks like one of the most
sweetheart deals of all time."

He implied it is unlikely a jury would agree with the prosecutors.

"Let the perps tell a jury, 'I inserted a foreign object into the
rectums of little boys, but I had no sexual intent.'"

The prosecutor referred questions to Yavapai County Attorney Sheila
Polk, who said she was ethically barred from talking about the case
while it is active.

The 18 boys were chosen to attend the weeklong student government
leadership skills camp in Prescott because they were among the state's
top student leaders.

Records show the defendants were assigned to stay in their cabin and
announced that campers who broke rules would get a "brooming" soon
after the boys arrived. A police report of the incidents wasn't made
until six months later, when one of the boys told a school official.

Bennett apologized for his role in court last week, saying he was
"trying every way he can to rectify the situation."

His father, Sen. Ken Bennett, R-Prescott, sat behind him. A Prescott
native and businessman, he hasn't spoken about his son's arrest except
to issue a brief statement expressing concern as a parent.

Lawyers for the younger Bennett declined to comment but wrote the
county attorney saying he "took responsibility for his role, showed
remorse and admitted that this "hazing' was inappropriate."

The letter said Bennett was an honor student and active member of the
Church of Jesus Christ of Latter-day Saints who plans to go on a
mission in September.

"A felony conviction for assault will make his desire to complete his
mission impossible," they wrote.

Prosecutors told parents they plan to ask for five days in jail on the
one count for each defendant, said Lynne Cadigan, a lawyer for two
victims. They could face a maximum two years in prison under terms of
the plea deal, but the judge could reduce the charges to a misdemeanor
and no jail time.

Son of Senate president offered plea deal in assault case

PHOENIX (AP) - Two young men charged with sodomizing 18 boys at a youth
camp last year have been offered a plea agreement that may net them
little jail time and no record of sexual assault.

Clifton Bennett, 18, the son of Arizona Senate President Ken Bennett,
and his co-defendant, Kyle Wheeler, 19, were charged in January with 18
counts of aggravated assault and 18 counts of kidnapping for the
incidents, which happened at a youth camp last June.

The younger Bennett confessed to police that he and Wheeler sodomized
the 11- to 14-year-old boys with broomsticks and flashlights in at
least 40 incidents, court documents show.

Yavapai County prosecutors now say they'll drop all but one assault
charge and likely recommend little or no jail time if Bennett agrees to
plead guilty.

Wheeler has been offered a similar deal but faces an additional assault
charge for choking three boys until they passed out.

The plea agreements were presented in court last week and could be
finalized Monday.

The plea deal infuriated parents of some of the boys, who say their
sons were sexually assaulted and traumatized. They want Bennett and
Wheeler to face sexual-assault charges, undergo mental evaluations and
do more jail time.

The boys have had trouble going to the bathroom, sleep with clothes on,
are afraid at night, and have undergone sexual-assault counseling,
parents said.

"Our biggest concern is that these kids are going to do it again," the
mother of an 11-year-old Tucson boy told The Arizona Republic. "My son
had something shoved up his butt seven or eight times. If that's not
sexual assault, what is?"

Prosecutor James Landis told a judge at last week's hearing that the
"broomsticking" was a hazing ritual and a punishment, not sexual
assault.

The plea agreement describes the assault charge as "a non-dangerous,
non-repetitive offense."

Landis told the judge the case was never viewed as "sexual in nature,"
partly because prosecutors could not prove the two young men had sexual
intent.

But legal experts, sex-crimes prosecutors and victims'-rights lawyers
say the acts clearly fit the definition of sexual assault.

"They could have been charged with sexual assault," said Sue Eazer,
supervisor of the Pima County Attorney's Special Victims Unit. "Sexual
assault is oftentimes not motivated by sexual desire."

Requiring proof of intent in a sexual assault case is a "red herring,"
according to Andrew Vachss, a New York lawyer specializing in child
cases who is also a best-selling author on the subject. He said intent
in this case is being used as an excuse to cut a deal.

"The bottom line is you don't have to prove sexual intent when you have
such gross assault," Vachss said. "It looks like one of the most
sweetheart deals of all time."

He implied it is unlikely a jury would agree with the prosecutors.

"Let the perps tell a jury, 'I inserted a foreign object into the
rectums of little boys, but I had no sexual intent.'"

The prosecutor referred questions to Yavapai County Attorney Sheila
Polk, who said she was ethically barred from talking about the case
while it is active.

The 18 boys were chosen to attend the weeklong student government
leadership skills camp in Prescott because they were among the state's
top student leaders.

Records show the defendants were assigned to stay in their cabin and
announced that campers who broke rules would get a "brooming" soon
after the boys arrived. A police report of the incidents wasn't made
until six months later, when one of the boys told a school official.

Bennett apologized for his role in court last week, saying he was
"trying every way he can to rectify the situation."

His father, Sen. Ken Bennett, R-Prescott, sat behind him. A Prescott
native and businessman, he hasn't spoken about his son's arrest except
to issue a brief statement expressing concern as a parent.

Lawyers for the younger Bennett declined to comment but wrote the
county attorney saying he "took responsibility for his role, showed
remorse and admitted that this "hazing' was inappropriate."

The letter said Bennett was an honor student and active member of the
Church of Jesus Christ of Latter-day Saints who plans to go on a
mission in September.

"A felony conviction for assault will make his desire to complete his
mission impossible," they wrote.

Prosecutors told parents they plan to ask for five days in jail on the
one count for each defendant, said Lynne Cadigan, a lawyer for two
victims. They could face a maximum two years in prison under terms of
the plea deal, but the judge could reduce the charges to a misdemeanor
and no jail time.

http://www.azdailysun.com/articles/2006/04/03/news/local/20060403_local_news_7.txt