Kinnear Woman Pleads Guilty in Federal Court to False Statement of Sexual Assault

At a recent change of plea hearing before United State District Judge Nancy Freudenthal, 56-year-old Benita Smith of Kinnear, pleaded guilty to the charge of making a false statement of a sexual assault. According to the Department of Justice, Smith, on or about October 26, 2020, 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. 

The indictment alleges that Smith made a statement 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. Smith faces up to five years in prison, up to a $250,000 fine, three years of supervised release and a $100 special assessment. This crime was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Michael J. Elmore is prosecuting the case.