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09/24/2008: "Benedict Receives Sentence Based On Agreement Between Prosecutor and Defense"
On Tuesday in Superior Court, Judge John Linde stated “I sentence the defendant to twelve months in jail: One month in the county jail; three months on daily work crew; and eight months on community work release -which is house arrest, allowing him to go to daily work and then return at night to his father’s house.” Linde also imposed an additional twelve months of probation.
The sentence by John Linde reflected the recommendations by the office of the County Prosecutor, the attorneys for Robert N, Benedict, and the family of Jarvis Teasdale, the young man who was tragically killed in an automobile accident , last year, in which it was alleged Benedict was the driver.
In her opening statement, Benedict’s attorney Carla Higginson, said “this has been a troubling case from the beginning,” and that :”it is important to recall that because of the uncertainty of what really happen that night, none of will really know, nor will Robert; particularly because of his amnesia he has no memory of the event that lead up to the accident or following the accident”
Judge Linde agreed with Higginson that the case had been troubling from the beginning, and that while Mr. Benedict did suffer from a form of amnesia, he noted that “there were ways that defense counsel could be informed as to what happened, based on the exchange of information coming from the State and the Defense” that led to, and caused the accident.
Judge Linde noted that the evidence included witness statements that placed Mr. Benedict in the drivers seat, and had heard the owner -an occupant of the car- Amber Beeston, age 20, make a statement following the accident that “she had regretted encouraging the defendant to ‘Punch it!’, just before the accident.
Linde also noted that Mr. Benedict had injuries on the left side of his body and injuries to his chin and knees from the steering column, and Beeston had injuries on the right side of her body; and said this was evidence that would have been presented to a jury, had the case gone to a trial.
Higginson told the Court that Mr. Benedict is “not the kind of person who can be sent to jail and sit there in sober contemplation of the consequences of his actions, appreciate what happen and understand what actions he may have taken that led to him being in jail, and learn from that, and never repeat those mistakes.”
Deputy Prosecutor Charles Silverman told the Court that “the community has only heard, for one year, from one side what this case is suppose to be about.“
Silverman said that “one of the most frustrating things for a prosecutor is to read letters where people talk about what they think this case is about… and to hear folks come up here and say what they think this case is about, and then they tell us they don’t know what the case is about; when they heard one side of what the case is about.”
Nearly fifty people showed up for the sentencing, and many of them spoke for the need to reduce the sentence from the recommended guidelines, based on the fact that Mr. Benedict has mental disabilities that should be taken into account.
Before agreeing with, and asking the Court to allow the reduced sentencing, Silverman told the Court that it did not do justice to the defendant, the government or the community when public opinions about a case are not based on the facts of the case. Silverman was referring to the fact that because of the Alford peal of no contest, a full airing of the facts of the case did not occur.
“However, in spite of that,” Silverman said “we believe, and strongly urge the Court to impose a sentence below the standard range, for all of the reasons that the defense experts and the members of the community had expressed to the Court."
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