The following article was posted on www.todaystmj4.com
Judge freezes Benson's $500,000
Posted: Mar. 19, 2009
Waukesha - A judge on Thursday temporarily froze the $500,000 Mark M. Benson posted as bail last month and said Benson would have to post an additional $500,000 to get out of jail while he awaits his trial in connection with the April 25 traffic deaths of a popular Oconomowoc educator, her unborn child and her 10-year-old daughter.
Benson, though, actually would have to come up with $650,000 to get of jail. He was ordered held on $150,000 bail in a separate case on allegations that he violated the conditions of his bail in the vehicle homicide case.
In the new case, Benson, 56, of Summit, is accused of having received prescriptions from a second pharmacy and of having firearms. His bail conditions required him to get prescriptions from a single pharmacy as a way to monitor drug use and prohibited him from possessing firearms.
Waukesha Circuit Judge J. Mac Davis froze the $500,000 currently posted because Assistant District Attorney Kevin M. Osborne said during a Benson court appearance on Wednesday that he intended to file a motion concerning Benson's bail.
Osborne said he could ask a judge to require Benson to forfeit the money because of violations or increase the bail, or both.
A hearing on the matter is scheduled for March 26.
The bail jumping charges were filed against Benson after a source from a parcel delivery service tipped police that Benson was receiving a package from Glenn Stephanos at Palm Beach Pharmaceuticals of Palm Beach Gardens, Fla.
Stephanos was convicted last year in New York of illegally selling steroids and sentenced to probation. Some pro athletes received shipments from Stephanos, according to reports. He was investigated in New York and Florida in a case known as "Operation Which Doctor."
Stephanos did not return a phone call seeking comment.
After receiving the tip about Benson's package, investigators determined that Benson already had prescriptions filled by an Oconomowoc pharmacy.
They obtained search warrants, opened the package and found that it contained prescription steroids.
They had the package delivered, searched Benson's house and arrested him.
During the search of Benson's home, investigators seized steroids, Viagra and other medications he had in a bedroom and bathroom in addition to the box of prescriptions from Florida, according to court records filed Thursday.
The Palm Beach Pharmaceuticals box contained anabolic steroids, 195 syringes and needles and bacteriostatic water used in injections, search warrant records show.
Waukesha County Assistant District Attorney Kevin M. Osborne said during a court hearing for Benson on Wednesday that he doubted whether Benson personally visited the Palm Beach Gardens doctor who prescribed the steroids.
Benson's travels are limited to Waukesha and adjacent counties and Dane County, where his attorney is located, under his bail conditions.
"The defendant's been in Wisconsin with a no travel prohibition. That leads me to believe that the defendant never saw this doctor or at least hasn't seen him in recent memory since he's been in custody since at least last April," Osborne said.
"This was one of those over the Internet kind of prescriptions which frequently are mentioned in the press and frequently get some scrutiny as to whether or not the doctors are really prescribing effectively and appropriately," he said.
Also seized during the search of Benson's home were four computers, three handguns, three rifles, 20,000 to 50,000 rounds of ammunition and eight switchblades, according to search warrants filed Thursday.
At one point during Tuesday's search, the home was evacuated after an explosive device was found. A police bomb squad was called and it cleared the device, a World War II signal flare, Waukesha County Sheriff's Detective Steve Pederson said.
Benson is accused in the April crash that killed 39-year-old Jennifer Bukosky, who was pregnant, and her daughter, Courtney Bella. Two other children were injured.
He is charged with two counts of homicide by intoxicated use of a vehicle, homicide by intoxicated use of a vehicle involving an unborn child and injury by intoxicated use of a vehicle - all of which are felonies, and misdemeanors operating while intoxicated and causing injury and operating after revocation of his license.
Benson had been freed from the jail in the homicide case on Feb. 20 on $500,000 bail, days after his bail was reduced from $1 million.
