Friday, March 27, 2009

Mark Benson's $1 Million Bail

From the Milwaukee Journal Sentinel:

Mark M. Benson's bail was raised to $1 million on Thursday, just more than a week after the former physician charged with driving intoxicated and killing three was returned to jail on allegations he violated the conditions of his bail.

Benson, 56, of Summit, had been released from jail Feb. 20, one day after his bail was reduced from $1 million to $500,000.

...Assistant District Attorney Kevin M. Osborne had requested that Benson's bail be increased to the amount originally set when Benson was charged in the April 25 crash that killed 39-year-old Jennifer Bukosky, who was pregnant, and her daughter, Courtney Bella.

Waukesha County Circuit Court Judge J. Mac Davis, who had lowered the bail in February, increased it to $1 million without comment during a short hearing Thursday.

Osborne also filed a motion last week seeking a court order that Benson be required to forfeit the $500,000 that was posted.

Davis postponed hearing arguments on that motion until May 8 because Benson's mother and her husband, who posted the bail, were not able to attend Thursday's hearing.

It's highly unlikely that Benson will post bail. He'd have to put up $1.15 million.

I can understand why the judge postponed hearing arguments on the motion requiring Benson to forfeit the $500,000, since his parents weren't there.

I wonder why his parents weren't able to attend.

Davis has made some very poor judgments in this case. He never should have reduced Benson's bail.

I think Davis would be making yet another mistake if he returned the $500,000 to Benson's parents. Davis would be undermining the system.

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