Dee Benson - Controversial Decisions

Controversial Decisions

In 2011, Judge Benson sentenced eco-activist Tim DeChristopher to two years in prison for disrupting an oil auction in 2008. Benson had barred DeChristopher's defense team from explaining to the jury why he disrupted the auction. Critics have accused Judge Benson for doling a harsh sentence to DeChristopher. Peter Yarrow, the folk singer, and member of Peter, Paul, and Mary, wrote in an editorial for the Los Angeles Times, that DeChristopher's actions were comparable to leaders of the civil rights movement.

"Tim is a hero to me," wrote Yarrow. "Throughout American history, acts of civil disobedience have led to change. Think about the Underground Railroad that helped escaped slaves to freedom, or about the courageous actions of people like Rosa Parks, who refused to stay in the back of the bus simply because of their skin color. Without this kind of defiance of unjust laws, our country would likely still be denying people of colour basic freedoms."

In 2012, Judge Benson allowed convicted felon Dr. Dewey MacKay to remain free on appeal. Dr. MacKay was convicted in August, 2011 of 40 counts related to illegally prescribing pain killers. Between 2005-2009 Dr. MacKay prescribed over 3.5 million pills of opiate painkillers. During the appeal hearing, Benson said that the jury's verdict had sufficient evidence, but expressed sympathy towards MacKay and his family and stating that the 20-year mandatory minimum sentence issued by Benson was "too long'. "It’s very easy to get almost teary-eyed over the health issue alone," Benson said. "This is so hard for people who love and admire and respect this man, which is many." Benson told MacKay’s family that he "can’t even imagine" the "nightmare" they are going through. "It must be like a black cloud," he said. He said that America’s jury system is not perfect, but added that jurors in MacKay’s case performed their jobs diligently. MacKay's attorney's used his failing health and large numbers of prescription drugs he takes as reasons why MacKay should stay out of prison.

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