Editor,
Almost always I am in agreement with your commentaries. (Isn't it amazing how smart other people are when they agree with us?) However, I feel I must respond to your criticisms of Judge Dee Benson in his handling of the Dewey MacKay sentencing.
As an employee of the federal court for over twenty years, I attended many trials and sentencings. I was not present for any of the MacKay trial. From news accounts, I am aware that it was a long and complex trial, involving many witnesses on both sides. A judge and jury are instructed to consider many factors in determining the weight given to a witness' testimony. The fact that many of the prosecution witnesses were admitted drug addicts and 'shoppers' who went from doctor-to-doctor and pharmacy-to-pharmacy, should certainly be taken into account. Some were even (reportedly) paid informants.
I personally know of former patients of Dr. MacKay who loved and appreciated him as a caring and competent physician and surgeon. A comment heard often was that "he was a great doctor, but not-so-great at keeping records." That's not to say he shouldn't be held responsible for errors or misjudgments made; but I must agree with Judge Benson that the twenty years required by the Federal Sentencing Guidelines seem excessive.
Perhaps a positive outcome from this story will be increased vigilance and oversight, better accounting and record-keeping, improved screening of patients, etc. It is also a sad fact that in our increasingly litigious society, too many health care providers feel constrained to order expensive and unnecessary tests and procedures 'just in case.'
In all criminal cases, there are pre-sentence investigations and recommendations to the Judge from the probation department, as well as aggravating and mitigating circumstances, which are, for the most part, not made public. This is as it should be. Judicial decisions are not to be made based on publicity or public opinion.
Knowing Judge Benson as I do, I really don't think you want him on the bench if or when you get 'busted.'
Now Judge Clark Waddoups, who sentenced (not) Susan Ross for ongoing embezzlement of over four million dollars from the Davis County School District -- that's a whole 'nother story! The long continuing nature of the crime, the lack of remorse or acceptance of responsibility, seemed to pale in Judge Waddoups' view when compared to Ms. Ross' "outstanding character and good influence" to her family and the community. There is a vast difference between a defendant who takes responsibility, and one who is only sorry for getting caught. Talk about "gobsmacked!"
Norrine Gardiner
Washington Terrace
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