The following article was posted on www.jsonline.com
Judge denies bail reduction in drunken driving deaths
Posted: June 20, 2008
Waukesha - A judge refused to reduce Mark M. Benson's $1 million bail on Thursday, saying that he feared Benson might decide to flee rather than "face the music" because of the possible lengthy prison term the former physician faces if convicted.
Benson, 55, is accused in the April 25 crash that killed 39-year-old Jennifer Bukosky, her unborn child and her 10-year-old daughter, Courtney Bella, and injured two other children.
"Because of the multiple deaths and serious injuries here . . . the potential maximum penalty upon conviction of this defendant would, in effect, for someone his age, be a life sentence," Waukesha County Circuit Judge J. Mac Davis said in refusing to lower Benson's bail.
Additionally, the judge said he wanted to keep the bail high because he was concerned that Benson might make a decision to flee while under the influence of drugs or alcohol. Davis noted that Benson's criminal record includes convictions for drunken driving and fraudulently obtaining prescription drugs.
Benson's attorney, Dean Strang, had asked in a motion that the bail be reduced to $100,000 so Benson can get out of jail while he awaits trial.
Strang, in arguing for a lower bail, said that Benson had never missed a court appearance in any of his previous cases.
Strang also noted that while the charges filed against Benson are serious, evidence is lacking to support accusations that Benson's driving was impaired when the crash occurred.
The state's evidence that was presented at a preliminary hearing last month would better support charges of negligent homicide and negligent injury by use of a vehicle, charges that carry substantially shorter prison terms, Strang said.
Benson is charged with two counts of homicide by intoxicated use of a vehicle, homicide by intoxicated use of a vehicle involving an unborn child, two counts of operating while intoxicated and causing injury, and operating after revocation of his license.
Assistant District Attorney Kevin M. Osborne said one charge of operating while intoxicated and causing an injury will be increased to causing great bodily harm or injury by intoxicated use of a motor vehicle.
If convicted of all charges, Benson faces up to 82 1/2 years in prison, Osborne said.
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.
