Despite a detective saying he found "predatory grooming behaviors," why a Minnesota band director wasn't charged | WCCO Investigates
WCCO continues the series investigating the laws and policies surrounding grooming. We first introduced you to Hannah LoPresto. She told police her band director groomed and sexually assaulted her in high school, but he was never charged. Senior investigative reporter Jennifer Mayerle digs into why and how a change in law could lead to more accountability in future cases.
Eagan Police Department Detective Chad Clausen says he interviewed close to 50 staff, parents and students. Conducting the investigation into then-Eagan High School band director Brett Benson for nearly a year, beginning in 2022.
"There was some pretty strong allegations that there was some inappropriate things that a former band teacher was doing or had been involved with," Clausen said.
Clausen says he interviewed close to 50 staff, parents and students. Conducting the investigation into then-Eagan High School Band Director Brett Benson for nearly a year, beginning in 2022.
"There was a lot of concerning behaviors that I observed, not necessarily saying that that all were crimes, or that they were chargeable crimes. But there was definitely some concerning behaviors that were seen by this former band teacher with numerous students to different degrees of concern," Clausen said.
According to the police report, the behavior came into focus when a student spoke up about Benson's "close relationship" with another student during an overseas band trip.
"Kinda try to put some pieces together. That would lead me down, you know, a path," Clausen said.
Clausen says during his investigation, he also learned about LoPresto, a former student. Noting her story about interactions with Benson often mirrored what he was told happened with the other student.
"That's kind of the scary thing with grooming. It's almost like a playbook, so to speak. These patterns and behaviors, they can tend to be the same, the same exact patterns, and when you start to see those similarities in two different stories, it makes it all the more concerning," Clausen said.
LoPresto says she didn't realize what was happening to her at the time.
"I needed someone to call me, because I never, I never would have called myself," LoPresto said.
But now, a decade removed, she says she believes all the attention paid to her — the texts, calls and alone time — were all a part of what she calls the grooming process. She says she told police it ultimately led to her being sexually assaulted on the last day of senior year.
"He had so deeply psychologically manipulated me to believe that I was an active participant, that I had allowed that to happen, that I was responsible for what happened. So I couldn't have labeled that an assault, certainly not then. And it took many, many years after to be able to understand what that was," LoPresto said.
The detective writes in the police report, "The sexual contact was not consensual in nature due to Brett's grooming behaviors that started freshman year of High School."
Clausen says it's important to watch for warning signs of grooming.
"There's this slow kind of control that the person in power can have over a student or a juvenile. It starts to normalize behaviors and things that, if it went quickly, people would see it faster and easier," Clausen said.
"Why is grooming so concerning?" Mayerle asked.
"Our youth, they don't have the capacity, necessarily, to understand things essentially. They are innocent. When the youth is preyed upon, it's going to affect their lives forever," Clausen said.
Clausen believes there were a number of inappropriate relationships with students which he detailed in the police report. The police report says, "While examining the evidence in this case, I uncovered a pattern of predatory grooming behaviors that Brett has had with numerous students."
The police report goes on to say "these inappropriate relationships go back to 2011" when he was with another school district. Clausen writes, "It appeared Brett targeted a specific type of young female student ... turning 18 years old towards the end of their senior year and often were shy and lacked self-confidence."
LoPresto says it was learning that gave her the courage to speak up.
"I think because I could see that it was bigger than me for the first time. I really latched on to the fact that, like, if I could help other people if I do this. I think that also made me a little bit braver too." LoPresto said.
Benson provided a statement. It reads in part, "I vehemently deny any allegations of wrongdoing. I deeply cared for the well-being of every student I have ever taught."
He was never charged with a crime in connection with any of the alleged inappropriate relationships. In one instance, police say they believe they had probable cause for him to be charged with neglected or endangered a child, but the student "was not interested in pursuing charges."
In that case, a document provided by Benson's attorney says a Minnesota Department of Education investigation did not find maltreatment occurred.
Clausen presented LoPresto's case to the Dakota County Attorney's Office. A document she provided from the Office says, "In this case the decision not to charge was not based on a belief that we would not be able to prove the case beyond a reasonable doubt. The decision is based on the law in 2016, when he committed the offense involving you. The law in 2016 ... only allowed us to prosecute a person in a position of authority if the child was between the ages of 16 and 17 years old."
LoPresto was 18 at the time. That law has since changed.
"Even though I was prepared for the no, I mean, it still hurt for sure. Even though it doesn't change what happened or what evidence there was to prove it, it still feels like you're being let down, or like, like what happened to you doesn't matter," LoPresto said.
Benson was placed on administrative leave. The district informed police and police began their investigation. He later resigned. But he still had a valid teaching license. It could be automatically revoked if he was charged and convicted. Because he was not charged or convicted in LoPresto's case, she filed a complaint with the Minnesota Professional Educator Licensing and Standards Board, known as PELSB, noting his alleged violations of statutes to try to have his license revoked.
In this case, the board pursued suspending or revoking Benson's license. Instead of going through a contested case, Benson voluntarily surrendered his teaching license, resulting in this public stipulation agreement. We spoke with Dr. Yelena Bailey, who is the executive director and on the ethics board.
"What the stipulation does make clear is that, based on all the items outlined, we are happy with the outcome that this person no longer holds a teaching license in the state of Minnesota," Bailey said.
Full statement of Brett Benson:
"I vehemently deny any allegations of wrongdoing. They are replete with mischaracterizations, exaggerations, and false statements that are wholly inconsistent with who I am as a person and who I was as a teacher. I deeply cared for the well-being of every student I have ever taught. The thorough police and Minnesota Department of Education investigations are closed, resulting in no criminal charges and findings of no student maltreatment. Now, however, I am compelled to defend myself against unproven allegations being aired in the public sphere. I strenuously object to this story, which violates core principles of journalistic ethics. My family and I are thankful this extensive investigation is closed."
Sexual Assault Resources
- (SOS – Ramsey County)
- Sexual Violence Center (SVC – Hennepin County)
- Aurora Center (U of MN)
- 360 Communities (Dakota County)
- Hope Center (Rice County)
- Canvas Health (Washington County)
- Alexandra House (Anoka County)
General Sites for information related to sexual assault and resources throughout Minnesota:
General Sexual Assault Websites:
