Saugerties resident James M. Benson was arrested on July 30 following an investigation into allegations of sexual misconduct involving a minor and weapons-related offenses. Benson is a registered level 3 sex offender.
Benson, 42, was arrested due to allegations that on Monday, July 28, he allegedly subjected the 17-year-old victim to sexual contact by forcible compulsion and provided the minor with alcohol. An investigation at Benson’s residence led to additional charges related to illegal weapons possession and controlled substances.
According to state police, Benson was charged with the following:
• Sexual Abuse in the 1st Degree, Forcible Compulsion, class D felony
• Unlawful Dealing with a Child 1st Degree, Alcohol, class A misdemeanor
• Criminal Possession of a Weapon in the 3rd Degree, class D felony
• Criminal Possession of a Weapon in the 3rd Degree, Previous conviction, class D felony
• Criminal Possession of a Controlled Substance in the 7th Degree, class A misdemeanor
He was subsequently arraigned in the Ulster County Court Centralized Arraignment Part and remanded to the Ulster County Jail. But as of last week, he no longer appears in the jail’s inmate database and was released in mid-September without bail.
What happens next remains to be seen. A FOIL request for information about Benson’s arrest was denied last week, receiving the following message: “Please be advised that the records located responsive to your request are records which were compiled for law enforcement purposes and which, if disclosed, would interfere with a law enforcement investigation (Public Officers Law § 87(2)(e)(i)). Your request is therefore denied.”
The following day, September 23, State Police Troop F public information officer Jennifer Alvarez confirmed the arrest, and said the information had not been released due to victim privacy concerns. As of press time, the Ulster County District Attorney’s Office had not confirmed Benson’s legal status, or provided any timeline for possible court appearances. Court proceedings involving Benson could not be found in the state’s Unified Court System.
In 2013, Benson was sentenced to ten years’ probation after pleading guilty to a felony criminal sexual act involving an underage victim. That sentence was part of a plea agreement due to his cooperation in the prosecution of then-Ulster Town Police Chief Matthew Taggard, who was charged in October 2012 with misdemeanor official misconduct for failing to act on suspected sex crimes in a neighboring community. Though the charge did not allege any sexual misconduct by Taggard himself, he was fined $1,000 and given a one-year conditional discharge.
Early last week, just days before the state police’s press release, the alleged victim’s mother spoke to Hudson Valley One to share her son’s story and her concerns that Benson was no longer in jail. Much of what she shared was off the record, though she believed that many of the details would eventually emerge should Benson go to trial.
“This dangerous level 3 sex offender is out on the streets; the public is not aware of this,” she said, dismissing the state police’s concerns for victim privacy because her family is not local. “We live almost two hours away from Saugerties; my son will never run into this guy ever again in his life.”
She alleged that over the summer, Benson’s attorney waited until the last minute to “waive time.” Waiving time refers to a defendant giving up their right to a speedy trial under New York’s Criminal Procedure Law (CPL), a common practice, typically done to allow for more time to prepare for a case. The alleged victim’s mother said she believed it was a tactic to make things as difficult for prosecutors — and her family — as possible.
“These lawyers know at any time they can say no we want a speedy trial,” she said. “And then what, you’re going to drag my son out of school, out of his life and bring him to grand jury out of nowhere?”
The alleged victim’s mother said he was working for Benson Steel Fabricators as a summer job, in part to learn a trade relevant to his future career goals. She said he was only meant to work in the warehouse, but was sent out in the field with James M. Benson to work for Benson Crane Service on the day of the alleged incident.
“All he wanted to do was work and have this for his resume for when he graduates high school this year and have a great life,” she said. “My son is just one of those kids that wants to be successful in life. He’s such a great kid and I am extremely proud of him. For this to have happened to him is just…It should never happen to anyone.”
The alleged victim’s mother expressed frustration around the inactivity from law enforcement and prosecutors and said she didn’t know who to trust anymore. She said she was given an incorrect date for Benson’s arraignment. She added that she didn’t just feel bad for her son, but for all victims who go through similarly frustrating experiences.
“We have to been lied to since the beginning,” she said, adding that her family was only notified that Benson was released because she’d signed up for an automated notification system through the Ulster County Jail.
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