The following article was posted on www.jsonline.com
Trial ordered on Benson bail violation charges
Posted: Apr. 2, 2009
Waukesha - Mark M. Benson waived his preliminary hearing Thursday on charges that he violated the conditions of his bail in connection with receiving prescription drugs from Florida and having firearms in his house.
Waukesha County Court Commissioner Martin Binn found probable cause to believe that Benson committed a felony and bound Benson over for trial on the bail charges.
Benson, the former physician charged with driving intoxicated and killing three in an April 25 crash, is scheduled to be arraigned on May 8 on two felony bail jumping charges.
Benson is accused in the crash that killed 39-year-old Jennifer Bukosky, who was pregnant, and her daughter, Courtney Bella. Two other children were injured.
His trial in the vehicle homicide case is scheduled for July.
Benson had what prosecutors say was a significant level of the sleep aid Ambien in his system, as well as Xanax, which is used to treat anxiety, and oxycodone, a painkiller, when the crash occurred at a traffic signal in the northbound lane of Highway 67 at Pabst Road in Oconomowoc.
He was out of jail on $500,000 bail when he was re-arrested March 17 on the bail jumping accusations.
He is accused of receiving a package of prescriptions from a second pharmacy and having firearms. His bail conditions require him to get prescriptions from a single pharmacy as a way to monitor drug use and prohibited him from possessing firearms.
Benson, 56, of Summit, had been released from jail Feb. 20, one day after his bail was reduced from $1 million to $500,000.
Last week, Judge J. Mac Davis increased Benson's bail to $1 million.
The $500,000 cash that was posted on Benson's behalf has been frozen. The state has asked that Benson forfeit the cash because he violated bail terms.
Davis has scheduled a hearing on May 8 to determine whether all or a portion of that money should be forfeited. The cash was posted by Benson's mother and her husband.
After Thursday's hearing, Benson's attorney, Dean A. Strang, said it was unlikely that Benson would be able make bail and be released from jail.
Benson would need to post $1.15 million - the $1 million in the vehicle homicide case and $150,000 in the bail jumping case.
"He was in for 10 months on $1 million and it's higher now. I don't think family and friends have the capacity to raise that kind of bail. I'd be surprised," Strang said.
