A 30-year-old state deputy sheriff accused of sexually assaulting a woman while she was in custody last year pleaded not guilty Thursday morning in Circuit Court.
A grand jury indicted Benjamin Fonoti on April 12 on second- and third-degree sexual assault charges for an incident that allegedly occurred Oct. 10 at a state District Court cellblock.
Fonoti, represented by attorney Eric Seitz, appeared before Circuit Judge Richard Perkins.
Perkins scheduled trial to begin the week of June 18 before Circuit Judge Ed Kubo.
More than two dozen of Fonoti’s family members crowded into Perkins’ courtroom to show support for the deputy sheriff.
Seitz would not comment after the hearing.
Fonoti turned himself in April 12, was booked by the sheriff’s department at its Kakaako station and released after posting $11,000 bail. He is on administrative leave without pay.
According to the two-page indictment, Fonoti forced the victim to perform a sexual act on him while she was in his custody in the cellblock in an unspecified District Court on Oahu.
Fonoti has been with the state Department of Public Safety since 2009. A department spokeswoman said an internal investigation was initiated after the department learned of the alleged incident.
Fonoti will be the second Department of Pubic Safety law enforcement official facing serious criminal charges in June.
Damon Pavao, a 49-year-old watch commander at Waiawa Correctional Facility, pleaded not guilty to charges of first-degree reckless endangering, promotion of a dangerous drug and possession of drug paraphernalia at an April 5 arraignment in Circuit Court. He is free after posting $25,000 bail. Pavao’s trial is scheduled to begin the week of June 4 before Circuit Judge Randal Lee.
Pavao, who is charged with firing a pistol and a shotgun at his Pearl City home, said he was "testing a friend’s gun" by shooting at the ground and at chickens in his backyard, according to police affidavits filed in Circuit Court. Police found 25 spent 9 mm cartridge casings and four spent 12-gauge shotgun shells at Pavao’s home.
Pavao has been with the Department of Public Safety since 1998. He was promoted to sergeant in 2003 and elevated to lieutenant last year.
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