State lab: Drugs found in Benson’s system
Evidence, first testimony given in alleged intoxicated-driving fatal crash

By JUSTIN KERN - GM Today Staff 

May 18, 2008


Mark Benson sits in a courtroom last Friday prior to a hearing at the Waukesha County Courthouse. Benson is accused of driving intoxicated in the deaths of Jennifer Bukosky, her unborn child, Sophia, and her daughter, Courtney Bella.


WAUKESHA - A state toxicology report on former doctor Mark M. Benson shows that he was under the influence of painkillers and anti-anxiety medication when he allegedly rear-ended another vehicle three weeks ago, killing an area high school principal, her daughter and her unborn child.

The report was provided by a prosecutor as part of evidence and testimony in the fatal crash presented in the criminal allegations of intoxicated driving against Benson, 55, of Oconomowoc, on Friday in Waukesha County Circuit Court.

Benson is charged with two counts of homicide by intoxicated use of a vehicle, a count of homicide of an unborn child by intoxicated use of a vehicle, two counts of causing injury by intoxicated use of a vehicle and a count of operating after revocation. He is being held on $1 million cash bail.

On April 25 on Highway 67, Benson is alleged to have driven his sport utility vehicle into the back of a sedan driven by Oconomowoc High School Associate Principal Jennifer Bukosky, who died in the crash along with her unborn daughter, who was to be named Sophia, and her 10-year-old daughter Courtney Bella. Her son and another child were also injured but later released from the hospital.

According to the results of blood tests taken after the collision, provided by Assistant District Attorney Kevin Osborne, Benson had the painkiller oxycodone and generic versions of Ambien, a sleep-inducer, and Xanax, for anti-anxiety, in his system. He had valid prescriptions for the medications from at least two Oconomowoc pharmacies. At one of them, Oconomowoc Detective Cristian Harnisch said, Benson had told the pharmacist to limit his intake on some medications in the past for fear of addiction.

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Defense attorney Dean Strang confirmed that some chemicals were found in Benson’s blood in the state laboratory report, though did not explain further aside from saying that no alcohol was found. Benson voluntarily surrendered his medical license in 2004 after he twice used fraudulent prescriptions to obtain drugs, according to the state Department of Regulation and Licensing.

For full story, go to the electronic version of The Freeman. Click here to access the electronic version.

Justin Kern can be reached at jkern@conleynet.com

(Freeman reporter Brian Huber contributed to this report.)


This story appeared in The Freeman on May 17, 2008.