The following article was posted on www.wisn.com
Milwaukee Co. Sheriff Speaks Out On Benson Case
Sheriff Calls Man's Alleged Crimes 'Atrocious,' Expresses Anger Over Judge
Posted: Mar. 25, 2009
MILWAUKEE -- The Milwaukee County sheriff is speaking out on the case of a Waukesha County man accused of killing a pregnant teacher and her daughter.
Sheriff David Clarke spoke with WISN 12 News' Jason Newton about his frustrations with the court system.
"I was appalled that the judge in Waukesha County made the decision that he did, knowing that he was releasing a ticking time bomb," Clarke said.
The sheriff referred to the case of Mark Benson. The man is accused of driving while intoxicated, resulting in the death of Jennifer Bukosky and her unborn child.
Clarke is angry that the judge decided to halve Benson's pretrial bail. Benson was subsequently released on bond.
"This guy has repeatedly thumbed his nose at our impaired driving law. He has already killed three people. And to release him, knowing that he is going to prison for a long period of time, really just allows him to once again claim more victims," Clarke said.
The sheriff wrote a letter to Judge Mac Davis, calling Benson's alleged crime in Waukesha County atrocious.
"I know that Waukesha County is not my jurisdiction, but I tell you what, when you approach this the way that I do from a personal standpoint and get to meet victims of crime and their survivors it crosses jurisdictional boundaries," Clarke said.
He said the judicial system is out of touch, tending to the defendant's rights, while stifling the victim's.
"Everything is skewed towards the criminal defendant's rights and we need to be. But at the same time, we can't have that imbalance with the rights and the need of the victims of crime," Clarke said.
He's met with Bukosky's family and taken on their cause to change drunken driving laws as both a citizen, and sheriff.
Although Benson is back behind bars, the sheriff said he wants the judicial system to answer how they could give make such a decision that potentially put lives in danger.
In response to a number of letters written to Judge Davis and the prosecution, Benson's lawyer Dean Strang had this to say in a statement to 12 News, "As to bail, there was nothing exceptional about this case -- and specifically, Judge Davis did no more than what a conservative, honest judge is required to do. He applied the law as it plainly is, not as he might wish it to be and not as he might rewrite it if he were a legislator, rather than a judge. He did his job. Indeed, Mr. Benson sat in jail nearly nine months on charges as to which he is presumed innocent."
A representative from Judge Davis' office said that the judge cannot comment on a pending case.
