Judge denies motion for pictures to be taken of alleged victim

Wednesday, April 29, 1998 | 9:30 a.m.

Fifth District Court Judge James L. Shumate on Tuesday denied a defense motion that would have required one of Arthur Gus Bennett's alleged victims to be photographed by a female physician to prove she was the subject in photos Bennett allegedly possessed.

Bennett's attorney, Kenneth Combs, sought the hearing after prosecutors added two charges April 21. His client already faced 13 charges, including six counts rape of a child. The extra charges stemmed from photographs of a teen-age girl's genital area that police found after Bennett's arrest.

In addition, a Las Vegas grand jury indicted Bennett April 3 on charges of first degree murder, arson, insurance fraud, theft and sexual assault of a minor under 14.

Bennett was pronounced dead in 1994 when a badly burned body was discovered in Bennett's travel trailer near Las Vegas. Police thought he had committed suicide.

However, he was living in Hurricane under the name Joseph Benson. His real identity was learned when he was arrested and accused of sexually abusing three girls under the age of 14.

In his ruling denying the motion for photographs, Shumate said provisions added to the Utah Constitution in 1994 protect crime victims from being victimized again.

In addition, no court has ever ruled to support a similar motion, said Deputy Washington County Attorney Brent Langston.

"The crime is that these pictures were taken," he said. "Comparing her now to pictures of her one year ago would do nothing but mislead a jury."

While ruling on the motion, Shumate also expressed his desire to speed the case to trial, even though more serious charges are pending against Bennett in Nevada.

At a meeting with the attorneys before court, Shumate said he told them he prefers not to put the case on hold while Bennett goes to trial in Nevada.

"The case is ready to go to trial now," Shumate said. "There's no use in stopping now and letting Nevada take action."

Bennett's trial is scheduled to begin June 1.