United States Attorney Bob Murray announced today, December 10th that 56-year-old Benita Louise Smith, of Kinnear, was charged by indictment for making a false statement.
Smith appeared for an arraignment hearing before the United States Magistrate Teresa M. McKee on November 30th, 2021, and pleaded not guilty to the charges. A trial has been set for January 31st, 2022, before United States District Court Judge Nancy D. Freudenthal.
The indictment alleges that on or about October 26th, 2020, Smith did knowingly make a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the executive branch of the Government of the United States, that is, by stating and representing to a Federal Bureau of Investigation Special Agent that a Bureau of Indian Affairs police officer had sexually assaulted her after he took her into custody, when the defendant knew the officer had not sexually assaulted her.
If convicted, Smith faces up to eight years in prison, up to a $250,000 fine, three years of supervised release and a $100 special assessment.
This crime is being investigated by the Federal Bureau of Investigation. Assistant United States Attorney Michael J. Elmore will be prosecuting the case.
An indictment merely contains allegations, and every defendant is presumed innocent unless and until proven guilty.