Posted on Thursday, 19th February 2009 by Bruce
Mark Benson - the former surgeon, repeat-offense impaired driver and accused killer of Jennifer Bukosky, her 10-year-old daughter Courtney Bella, and unborn daughter Sophie had his bail slashed from $1,000,000.00 to $500,000.00 in a Waukesha County courtroom this afternoon.
WTMJ-TV is reporting at their website that Benson could be out of jail “as early as today.”
UPDATE: The Waukesha County Circuit Court judge who granted Benson’s motion for modified bail was Judge J. Mac Davis.
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52 Responses to “Dethroned doctor’s bail SLASHED while awaiting homicide trial”
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February 19th, 2009 at 5:36 pm
Being a WaukCo resident this is a stupid decision.
I’m betting he skips bail.
The part about not using medication unless they are prescribed?
Hes a DOCTOR! Its not like he can’t just write his own scripts….
Davis made a stupid decision here.
February 19th, 2009 at 6:07 pm
What a load of crap! What judge did this? All reports I have seen says “A” judge, what friggen judge did this? I will find out and you will ALL know what killer loving judge did this!
February 19th, 2009 at 6:31 pm
Well, it’s Judge Mac Davis, the killer-loving former Republican state senator that President Bush nominated to be a federal judge.
February 19th, 2009 at 6:34 pm
xoff for the win!
February 19th, 2009 at 6:47 pm
Why, that tricky MSM, hiding the identity of the judge! They must be trying to pull one over on us!
And don’t forget his promotion of Judge Koschnick to presiding (chief) judge in Jefferson County, and his support for his campaign.
February 19th, 2009 at 7:12 pm
I think sometimes judges and court commissioners forget that bail is not only to ensure a defendant’s appearance in court, but to protect society.
Hence the reason why homicide defendants tend to get high cash bail.
I’d love to see the pleadings in this case.
February 19th, 2009 at 7:19 pm
Here’s a pleading: If Benson gets out of jail, Waukesha County residents should employ extreme caution whilst traversing their motorways.
February 19th, 2009 at 7:23 pm
I thought the mention of one pharmacy for all prescriptions was a nice touch. That’s typical in prescription fraud cases (never seen it in an OWI homicide), and it’s nice to know that Benson can now enjoy his drug cocktails in the privacy of his own home. Provided they’re all from the same pharmacy.
Sometimes my sarcasm just can’t control itself.
February 19th, 2009 at 7:23 pm
Judge J. Mac Davis is a traitor to the citizens of Wisconsin. This man is a junkie drunk that was sentenced on another drunk driving arrest just days before he murdered these people with his vehicle.
Davis gave no thought to the family of Jennifer Bukosky, Courtney Bella and Jennifer’s unborn daughter Sophie or her son Zach, who was injured and trapped in the vehicle as his mother and sisters were killed by this scum.
Mac Davis, you were DEAD WRONG! This man deserves to spend the rest of his miserable life in prison, but he will have another chance to kill again thanks to you. Perhaps it will be someone that you, Mac Davis, loves that is his next victim. I sure hope it isn’t another innocent family that he wipes out!
February 19th, 2009 at 7:55 pm
Outrage is fun but let’s keep in mind that Benson hasn’t paid the bail money. He is still locked up. And as TMJ reported:
“It is unclear whether Benson’s family would be able to post bail.”
Perhaps I’ll be upset if Benson is released but I’ll wait until that actually happens. If he can’t get the money there’s no difference between 500,000 and 1 million the effect is the same
February 19th, 2009 at 8:07 pm
The last time he killed, Benson was preparing for jail time, and had been trusted not to drive and not to use drugs. In the most liberal minds, this fact alone would be warning enough not to release him- if only to save the general public the risk of injury again- not to say anything of the absolute insult the represents to the Jenkins, Bukosky, Farney, Bella, and Gibbs families. There exists a provision in the philosophy of punishment around incapacitation- the inability for a criminal to commit further offenses. Shame on judge Mac Davis for not considering this tenet- a significant one given the history of the defendant. We can credit him for this latest stroke against the reputation of the legal system. How many innocent people will it take?
February 19th, 2009 at 8:22 pm
I categorically disagree with super Id- what a fitting self-pleasuring screename. The fact that bail was reduced, somewhat artifically by the mere passage of time (as if that dimishes the fact that Benson robbed 3 innocent people of life), is significant. It represents a fundamental shift in the perception of the crime vis-a-vis punishment. In the realm of right and wrong, the effect has no bearing. Wrong is wrong without regard to impact. BTW- outrage isn’t fun. How can you be so flippant about loss of life? And jus so you know, he can produce 500k and, in effect, this ruling means “c-ya”
February 19th, 2009 at 8:23 pm
Outrage is fun? I guess you haven’t been in contact with the family. Fun was the last word that crossed my mind when I got home and saw that email.
February 19th, 2009 at 8:42 pm
Jennifer and her family were members of my church. I saw them there often. Her widowed husband still is a member.
I believe Judge Davis was wrong, but he didn’t release Benson, he reduced the bail to half a million. While I do not agree with Davis, I find Forehead Foust and his ilk sickening. It’s simply an opportunity for libs to vent hate. It’s not about principle with Forehead Foust or his ilk, it’s not about Jennifer, Courtney or the baby, it’s about a cheap political argument. The difference here is that no Conservatives EVER back leniency for garbage like Benson. Libs often do. Foust, you’re a loser.
February 19th, 2009 at 8:44 pm
Does it have to be a cash bail or can he put up property. Does he have to put up all $500,000 or can he just put up 10%?
February 19th, 2009 at 9:01 pm
In Wisconsin, there are no bail bondsmen. A person posting cash bail must post the full amount.
To my knowledge, most counties outside Milwaukee permit property as bond. Occasionally you’ll see it here but not that often. I don’t see anything on CCAP to indicate it but I assume he’ll be using his real property as bail.
I have to stop posting on this thread because the more I think about this reduction in bail, the more pissed I get.
February 19th, 2009 at 9:05 pm
Very well said Gus.
February 19th, 2009 at 9:06 pm
I don’t know the answer to that Dan, it is an interesting question, perhaps Sean, Anonymousinsider or one of the law enforcement members that has more knowledge on the subject can answer that. Clearly this will make it easier for him to be freed, and that is just another travesty, compliments of our criminal (in)justice system.
February 19th, 2009 at 9:07 pm
Thanks AI, our last posts crossed
February 19th, 2009 at 9:20 pm
I do not know why, but I believe he must produce the full 500k for release. Wouldn’t it be impossibly coincidental in a Heisenberg kinda way if his bail was set at 500k and 500k was the amount that he had managed to raise via various non-frozen asset kinds of ways? Fundamentally, the question remains “what has changed since April 25th to justify a bail reduction?” Let me answer that for you- Jenn and Courtney have gotten a gravestone and Debbie Gibbs has been released from the hospital (but still faces major physical and devopmental challenges). That’s about all I can think of…
February 19th, 2009 at 9:28 pm
I think Judge Davis was wrong. I don’t know what went into his thinking, but I couldn’t care whether he was a Democrat nor Republican. I disagree with him. Having said that, Benson isn’t going anywhere. He is toast. I will not let my distaste for a ruling cloud my judgement here. Benson is going to prison for a long long time. He isn’t going to run. If he did, he’d be found pronto. There is very little risk involved here. Once again folks, it’s about principle. Principle is something liberals do not understand.
The knee jerk instinct on this thread was for a couple of liberals juveniles to try to settle a score. Conservatives object to this, because conservatives have standards and morals. Jennifer Bukosky and 2 beautiful children died, another child was injured. Cooney high school lost a wonderful asset, a man lost all that mattered to him. So we are pissed. Davis was wrong. Let this be a lesson to Foust and Zach the weak kneed creap. This shit is for real. Learn something libtards. Crime has real consequences. The perp is not the victim.
February 19th, 2009 at 10:28 pm
Wow! I can’t believe that a judge would reduce bail for a guy who killed two people and did so after being convicted of his third DUI and after being forbidden from driving. All I can say is that if Benson posts bail and is released, the Waukesha county voters should do the right thing and cast their votes against him at re-election time. I just don’t get it…
February 19th, 2009 at 11:03 pm
Sorry, I meant to say that he has killed “three” people!
February 20th, 2009 at 12:50 am
you morons got it all wrong. Davis set a bond that Benson will post - and then have forfeited when he drives, or drinks or whatever, letting Davis take credit for enriching the Waukesha treasury by 500K while Benson stews (ok, bad pun) back in jail…
February 20th, 2009 at 9:27 am
Gus/Mickey, I’m baffled by your response. I’m always baffled by your tendency to insult… and amazed that you can’t even spell the insults correctly. I said nothing about the horrific nature of this crime. I have no sympathy for the doctor’s position. I have no problem with a high bail in a clear-cut situation like this. Having spent my teen years there, I feel a connection to Oconomowoc news, too. I only pointed out another connection of Mac Davis that no one else mentioned. Additionally, I’m baffled that anyone would consider your words “Very well said.”
I think it’s always amusing to see the usual suspects go ballistic without any facts in hand… and then to hear the silence and see the lack of follow-up thought when you discover it was one of your own, so to speak. I’m sure it would do you good to examine why a judge might reduce bail in a situation like this. Next thing you know, you might realize that Justice Butler wasn’t responsible for putting criminals back on the street to kill again.
I’m a skeptic. Judge judges by what they say and do. Don’t believe their campaign promises and don’t fall for the dog-whistle code phrases. Show me. If you want to say Mac Davis is a great judge, tell me why. If you want to say Koschnick would be a better Justice than Abrahamson, show me why.
February 20th, 2009 at 11:29 am
Hmmm… What’s wrong with this picture:
Patrick Dorwin Says:
February 19th, 2009 at 7:23 pm
“Judge J. Mac Davis is a traitor to the citizens of Wisconsin.”
John Foust Says:
February 20th, 2009 at 9:27 am
“I think it’s always amusing to see the usual suspects go ballistic without any facts in hand… and then to hear the silence and see the lack of follow-up thought when you discover it was one of your own, so to speak”
February 20th, 2009 at 11:47 am
Judge judges by what they say and do.
This is always an unwise thing to do. A Person should only pay attention to what a judge does, never to what they say. Particularly when what people say and do are very often two entirely different things.
By the way, very well said Gus.
February 20th, 2009 at 11:50 am
Like I wrote to gus, “Very well said”. If you’re baffled by that Foust then maybe you’re just too intellectual for us and should stay where you’re more comfortable. We conservatives, at least, can criticize Republicans when they screw up. I know that baffles you leftys. You guys are pretty transparent with your attempts to try to find hypocrisy where there is none as Bruce points out.
February 20th, 2009 at 1:27 pm
Hmmm… What’s wrong with this picture:
The fact that Faust gets his facts from Wikipedia.
February 20th, 2009 at 2:55 pm
Patrick, please don’t consider yourself one of the usual suspects. Congratulations on your criticism of Judge Davis’s decision. What have you learned about judging judges?
You’re absolutely right, Glenn. I’m so bad at this sort of bar-room logic and insult-as-argument. I mean, I don’t even own a Packer sweatshirt or jersey! But please, go ahead and criticize even-handedly and without regard to party. I encourage it.
Jaeson: Wikipedia?
February 20th, 2009 at 3:02 pm
Mark Benson has posted bond and will be released within the hour (per: Sean Farney)
February 20th, 2009 at 3:04 pm
I think we should all check our politics at the door and focus on the injustice here. Oconomowoc is a more dangerous place tonight because a repeat offender who has proven unable to not drive impaired and has already killed is on the streets because someone decided that he deserves mercy. There is no punitive aspect of bail, however, the #1 focus of the judiciary should be protection of its constituents not the rights of the criminal. This was obviously lost on the judge. Let’s not let it be lost on us.
February 20th, 2009 at 3:34 pm
Faust, Glenn is right. Maybe you should go should go elsewhere. But thanks for providing an visual image for the definition of “Condescending jerk” to this blog.
My Packer wearing, Barroom logic mentality appreciates it!
February 20th, 2009 at 3:36 pm
Retort for misspelling of his name in 4,3,2,1……
February 20th, 2009 at 3:56 pm
The voters of Waukesha County should recall this balloon head judge. Absent that, they need to make sure he doesn’t get reelected. Benson killed these innocent people while out on bail. If he does it again, I hope there is more than a march on the Waukesha County Courthouse and this idiot judge.
February 20th, 2009 at 6:03 pm
Forehead Foust…to which “usual suspects” are you referring? Everybody here is criticizing this judge for this decision. They are judging him based on his actions and no one I’ve seen here has softened their stance because of political affiliation.
I will join my fellow Right-minded bloggers…this judge made an awful decision and I think the Waukesha County voters should hold him accountable for it. I say this knowing full well his ties to the Republican party. So what exactly are you arguing?
What does Judge Koschnick have to do with this case? Nothing…except your political strategist buddy, Bill Christoferson (aka “xoff”) led your trollish charge into this thread. Did you cut and paste the talking point exactly as he spoon fed it to you?
February 20th, 2009 at 6:19 pm
Jaeson: Wikipedia?
John Foust Says:
February 20th, 2009 at 10:56 am
If by getting on with his life you mean book deals, record deals, GOP appearances, etc. then you’re right.
http://en.wikipedia.org/wiki/Joe_the_Plumber
http://badgerblogger.com/?p=10626#comments
February 21st, 2009 at 10:44 am
Jaeson, you’re thread-jumping. The Joe thread is elsewhere. I’m well aware of Wikipedia’s limitations. Aren’t we all? You trust blog commenters more? Or do you tend to trust the footnote links in a Wikipedia that link to fairly reputable MSM stories? Do you think the Joe the Plumber rise-to-30-minutes-of-fame stories are incorrect? Or is this just an ad-hominem swipe at me?
As for the connection between Mac Davis and Koschnick, don’t take my word for it. See, I assumed that the average bear who didn’t know Davis was involved in this case would also not know his connection to other relevant news items. Google ‘ koschnick “mac davis” ‘. The lead of a J-S story says “Koschnick is also an ally of Chief Waukesha County Circuit Court Judge J.M. “Mac” Davis, who named Koschnick his deputy chief judge on Sept. 11″ (just before Koschnick’s announcement to run.) I don’t think mentioning background on the judge in the case is irrelevant, do you?
For that matter, google “xoff foust” and tell me what you find.
February 21st, 2009 at 11:48 am
Foust,
Jaeson, you’re thread-jumping. The Joe thread is elsewhere. I’m well aware of Wikipedia’s limitations. Aren’t we all? You trust blog commenters more? Or do you tend to trust the footnote links in a Wikipedia that link to fairly reputable MSM stories? Do you think the Joe the Plumber rise-to-30-minutes-of-fame stories are incorrect? Or is this just an ad-hominem swipe at me?
Accusations of thread jumping merely whitewash the fact that whenever a person cites Wikipedia as a source, they cause all of their assertions to be suspect. Wikipedia doesn’t merely have limitations, but instead as a consensus encyclopedia it is an outright poor source. Because of this, citing Wikipedia is worse than not bothering to cite a source at all. True the footnote links do direct readers to somewhat legitimate MSM stories; however it is those MSM stories that should be cited, never Wikipedia itself. The text provided in Wikipedia articles, is worthless and more often than not misleading.
The Joe the Plumber rise-to-30-minutes-of-fame stories may or may not be correct, but that’s not what’s at issue here. Rather, what is at issue is the fact that folks tend to develop an erroneous world view when utilizing spurious sources such as Wikipedia because of its editable-by-anyone nature. The fact that blog posts in general are not editable by just anyone, does make them a more reliable source. More reliable than Wikipedia at any rate.
An ad hominem attack is an attack against the man, rather than an attack against the argument. I made no attack on your character personally, but rather made an attack on your usage of Wikipedia as a source for the purposes of backing your argument. Thus, suggesting that I made an ad hominem attack against you is incorrect.
February 21st, 2009 at 12:09 pm
Don’t overassume. Wikipedia can be a useful shortcut to a collection of links about a subject. I’m well-aware of its weaknesses.
As for ad-hominem, you said “The fact that Faust gets his facts from Wikipedia.” You’ve declined to show me where my facts were incorrect, but you insult my shorthand source. Did you spell my name incorrectly on purpose? When you said “very well said Gus” were you applauding his name-calling?
February 21st, 2009 at 1:03 pm
It’s not an over assumption at all. Rather it is well understood amongst intellectuals, that Wikipedia is quite simply an outrightpoor source. Saying that Wikipedia merely has weaknesses is giving the website far more credit than it’s due. The fact that Wikipedia may provide a good source of links is eclipsed by the fact that they are presented in the context of specious text.
As for ad-hominem, you said “The fact that Faust gets his facts from Wikipedia.†You’ve declined to show me where my facts were incorrect, but you insult my shorthand source.
As I’ve illustrated previously, this is not an attack on the character of the man himself. Rather, it is an attack on the method used to bolster his argument. Showing where facts are incorrect becomes irrelevant once a dubious source such as Wikipedia is cited. A person may as well cite Mad Magazine. Pointing out the obvious that Wikipedia is a poor source is not an insult, but rather a statement of fact.
Did you spell my name incorrectly on purpose?
That was an honest error on my part. I do apologize.
When you said “very well said Gus†were you applauding his name-calling?
I was injecting some wry humor.
Anymore questions, Inspector?
February 21st, 2009 at 1:41 pm
Wry humor! Why, all this time I thought you were in agreement with Gus and were applauding his writing skills.
February 21st, 2009 at 1:44 pm
Note to self: Johnny Forehead doesn’t like “name calling”. It gives him an excuse not to deal with the issue.
He’s very sensitive you know. I better not tell him I once accidentally ran over a RACCOON.
February 21st, 2009 at 1:47 pm
I hit a whole family of them once with my Volvo. Yes, Foust doesn’t think name-calling helps an argument. How about you, Gus/Mickey?
February 21st, 2009 at 2:42 pm
Johnny, your Forehead is getting all red and angry. Those veins on your forehead might pop.
IF you care to debate with me Forehead bring it on.
February 21st, 2009 at 3:03 pm
Actually, Gus/Mickey, I’m quite calm and amused. Sorry, I sold the Volvo a long time ago.
February 21st, 2009 at 3:43 pm
When you’re done quibbling over Wikipedia…would you care to answer my questions?
To which “usual suspects” were you referring?
What does Koschnick have to do with this case?
February 21st, 2009 at 3:49 pm
The inference is that Koshnick worked for Oswald, and that another “REPUBLICAN” is working for Benson.
It’s tripe. More over there none of these lightweight liberals object to defending cop killers. What they do object to is, you not objecting to Koshnick.
It’s all about winning for liberals. There is no logical thread. Koshnick is not liberal, but they think they’ve found a little spot where they can discredit him. I don’t like that Koshnick defended Oswald. I didn’t like McCain that much either, but the other option was/is far worse.
February 21st, 2009 at 3:58 pm
Yes, Roland, it’s a gotcha game. Re-read my sentence with “the usual suspects” in it. I meant “blog commenters”. I was referring to the dog that doesn’t bark. When a Republican does something right, it’s because he’s a Republican. I pointed out the connection between Davis and Koschnick, that’s all.
February 22nd, 2009 at 2:23 pm
I just didn’t see the need for the label…it’s no secret Davis is a Republican…and we’re all here giving him deserved criticism. I knew who you were referring to…I just can’t figure out why. No good reason really.
February 23rd, 2009 at 12:12 pm
Roland, what Johnny F. is saying is that he doesn’t give a crap about what is right and wrong, he wants to take the death of the Bukovsky/Bella’s as an oppurtunity to play political games. Forehead is an immoral simp,.
March 3rd, 2009 at 4:15 pm
BadgerBlogger’s
I have taken some time to review all of the comments to date with regard to the release of Mark Benson. I see some of your remarks as political, some as anger, some as caring, some as loving…..but all as concerned. It is difficult for me to write and comment as I am Jennifer’s dad. I can assure you, less than one year ago, I would never have even considered the thought that, as a father, I would have to write of my daughter’s and grandchildren’s murder. One year ago I never would have had to visit my daughter’s grave site.
Some months ago I wrote a lengthy letter and called for the uniting of the High School kids in Oconomowoc in fighting for answers to this horrific crime and how it could have been prevented. I am now, after the release of Benson, worried that we are no further along….that the judicial system still sadly fails its people. Mark Benson, since he injured himself and his own children in an alcohol related accident many years ago, has proven time and time again that he considers himself above the laws that govern our existence. In the last twenty years he has been a disgrace to the medical field, dispensed and used drugs at his own leisure, consumed serious amounts of alcohol and proceeded to drive his vehicle, disobeyed almost every order given to him by the courts, disregarded building codes while building his home and finally, murdered three innocent people. It would appear to me that Benson is the poster child for the best example of a serious threat to society. Because bonds are “not intended to be punitive†is of no consideration here. Mark Benson is a serious threat to all of you. Judge Davis appears not to care about this as he obviously has ignored the past performance of Benson and the law “protect members of the community from serious bodily harmâ€. I find it rather interesting that the requested reduced amount of $500,000.00 was suggested by Benson’s attorney. More interesting is that Mr. Defense Attorney did not know whether or not Benson had this kind of money…..bear in mind that he had been working with this killer for ten months. The frosting on this poisonous cake is even better…the very next day the money is there!!!!
I would like to bring another point to your attention. I have not heard anything about this but I am sure I am not alone in this line of thinking. Let’s remove the drugs and alcohol for a moment. Benson is sitting in his Escalade at a red light. He is first in line. He accelerates, in a very short distance, to 50 to 60mph. He has clear vision as to what is in front of him. He never touches the brakes. He kills Jennifer, Courtney and Sophia. In the period of time it took to get from the light to Jennifer’s car it is virtually impossible to keep your eyes off the road. Instinct will demand that you look forward. My observation is premeditated murder!!! Benson had all the time needed to stop or run off the road.
Please continue you discussions. Please encourage others to seek answers to all of our questions. Please continue to encourage others to sign your petition. Please continue to have others visit http://WWW.JENNIFERBUKOSKY.com. Please do not give up…get the answers…forget email and send letters.
Thank you
Mike Farney