Senator's son sentenced to jail

The sentence, handed down Friday, angered the relatives of several of the victims, including the father of a 13-year-old boy who attends St. Cyril's Catholic School in Midtown.

"Privilege won again," said the man, whom the Arizona Daily Star is not identifying in order to protect his son. Two other victims also are from the Tucson area.

Maricopa County Superior Court Judge Thomas W. O'Toole sentenced Clifton Roy Bennett, 18, of Prescott, and his co-defendant, Kyle Matthew Wheeler, 20, of Glendale, to jail time, plus three years' probation and 200 hours of community service for "brooming" middle-school boys in the buttocks while they were clothed and often restrained.

O'Toole took the case after the Yavapai County judge assigned to it recused himself.

Bennett will begin his jail sentence starting June 1. Wheeler will spend 45 days in jail beginning May 25, according to Friday's sentence, which was issued after a day of emotional testimony by parents of the victims and by friends and relatives of Bennett and Wheeler.

Both Clifton Bennett and Wheeler apologized to the victims and their families.

"I failed these kids. They looked up to me and I failed them," Clifton Bennett said before being sentenced. "I'm terrified of being locked up but what terrifies me more than that is the idea I hurt these kids."

The assaults involved "brooming" 18 middle school boys with a broom handle, cane and heavy duty flashlight. The exact definition of brooming varied, according to witness reports, from touching brooms to the boys' rectal areas to one description of how a boy was held down while a broomstick was "shoved" against his buttocks.

"I'm sure some of you are disappointed," O'Toole said, looking at the victims and their families after he announced the sentences. "I'm sure the defendants are disappointed."

Many of the victims' families continued with criticism of the way the Yavapai County Attorney's Office prosecuted the case, which has been the focus of intense media attention because critics said Bennett was treated too favorably by prosecutors.

Prosecutors originally charged Bennett with 18 counts of aggravated assault but then offered him a plea deal of one count, which he accepted April 3. Wheeler accepted a deal to plead guilty to two counts.

A third defendant, 17-year-old Ren McGee of Sahuarita, also was charged with 18 counts of aggravated assault, but his case is going through the Juvenile Court system. Prosecutors offered McGee a deal to plead to one count of aggravated assault. A hearing is scheduled in June.

Some victims' families reiterated on Friday that Bennett and Wheeler should have been charged with sexual assault. But prosecutor James H. Landis said there was no sexual intent and that there was no evidence any sodomy occurred.

Sixteen parents of victims, a few of them crying, spoke during the sentencing, outlining problems their kids have had since the assaults, ranging from slipping grades to depression.

"My son had just turned 12 and he was intimidated and scared," said the mother of one of the Tucson victims. "He's regressed socially. He's scared of the word 'camp' now."

Prosecutors recommended Bennett go to jail for 90 days and Wheeler for 180. Landis had no comment after the sentencing, referring all calls to Yavapai County Attorney Sheila Polk, who responded to media requests with an e-mail defending her office's response to the case and stressing that Bennett did not get any special treatment.

Lenora Nelson, Clifton Bennett's aunt, echoed that sentiment outside the courthouse after the sentencing, saying she believes her nephew was actually held to a higher standard.

"He's being made an example of because his dad is a political figure," she said.

Ken Bennett, R-Prescott, spoke briefly to reporters after the sentencing. He said his son feels very badly about what happened and will pay for his unfortunate decision.

His son, who had three lawyers, had five people speak on his behalf Friday — two teachers; a former bishop from the Church of Jesus Christ of Latter-day Saints, to which his family belongs; his aunt; and a school friend. His supporters spoke of his responsibility, good grades and leadership abilities.

Bennett, a high school senior, also had a large group of supporters in court, many of whom cried when the sentence was read. Some of Bennett's friends characterized the brooming as a misunderstanding and horseplay between boys.

"Sexual humiliation is not horseplay," said Tucson attorney Lynne M. Cadigan, who represents two of the victims and their families. She said Bennett and Wheeler's accomplishments are not what should matter to the court. As authority figures, they had the trust of innocent children, she said.

"Of course they are wonderful," she said. "That's how they get boys to do what they say."

Cadigan said the most disappointing aspect of the sentence was that Bennett's and Wheeler's offenses will be designated as misdemeanors if they successfully complete jail, probation, counseling and community service. That means they could go on to work with children as teachers or counselors and never have to disclose their convictions in the case.

Eleven of the victims have lawyers, and two lawsuits have been filed already, naming as defendants Clifton Bennett, his family, Wheeler, camp organizers from the Arizona Association for Junior High Student Councils, and the Episcopal Diocese of Arizona, which rented the camp to the group. The diocese did not renew the association's contract, and there will be no leadership camp this year.