Stalker told to back off

Wednesday, Sept. 22, 1999 | 12:08 p.m.

Entertainer Jerry Lewis never wanted to see Gary Benson again, much less sit less than 10 feet from him in a Las Vegas courtroom.

But that was necessary Tuesday if the longtime Las Vegan and international comedic star wanted further court protection from the diagnosed chronic schizophrenic who has stalked him for a decade.

Lewis thought the nightmare ended in 1995 when a District Court judge sentenced Benson to six years in prison. But, Lewis and court records say, the harassment continued when Benson was on probation, resulting in the revocation of Benson's probation in 1998, which sent him back to prison.

Lewis appeared uneasy sitting at the plaintiff's table a few paces from a shackled Benson at the defense table before Justice of the Peace Jennifer Togliatti arrived Tuesday to hear Lewis' motion for extension of a 1992 temporary protective order.

Togliatti, taking just fractions of a second to reach her decision, told the soon-to-be-free Benson in no uncertain terms to stay away from Lewis.

"Mr. Benson, I cannot tell you where to go ... but do not attempt to contact Mr. Lewis by phone, e-mail, cellular ... skywriting," Togliatti told Benson, who wore a prison-issued orange jumpsuit.

Togliatti barred Benson from making any contact with Lewis through Sept. 21, 2000. She warned Benson not to go near Lewis' home or his office. If he does, she said he faces felony stalking and contempt of court charges.

Neither side offered any testimony during the half-hour hearing other than Lewis' affidavit, which detailed a nine-year series of stalking incidents perpetrated on him by Benson.

Benson, who has served a little over four years of a six-year sentence, will be released from the Southern Desert Correctional Center at Indian Springs on Oct. 5, according to prison officials. It is considered a complete sentence because good behavior time reduces flat-time prison sentences.

Lewis sought an extension of the protective order because he claims Benson has continued to harass him and his family during times he was on probation.

Benson, 56, served some of his time in lockdown mental health facilities and some of his time on probation attending outpatient clinics.

Lewis, 73, appeared pallid at Tuesday's hearing. It was not known whether that was because he was nervous about being in the same room with Benson or because of recent health problems.

Lewis was hospitalized following an August performance in Australia and was able to perform for just seven hours of his 34th Annual Muscular Dystrophy Association Labor Day telethon, reportedly because of blurred vision and other complications.

Lewis and Benson, for the most part, sat with eyes fixed forward before and after the judge arrived. If either looked at the other during the hearing, it would have been just a quick glance.

After the hearing Benson was led out a back door by bailiffs. Lewis, who walked out the front door with family members, declined to comment.

Neither side officially was represented by legal counsel. However, Chief Deputy District Attorney Abbi Silver, longtime prosecutor of local stalking cases, sat at Lewis' table to assist him if a legal question arose. Deputy Public Defender Terrence Jackson stood alongside Benson for the same reason at Togliatti's request.

When Togliatti asked Benson if he wanted to comment on Lewis' affidavit, Jackson told Benson that while there were "one or two recent allegations" that could be challenged, he should accept it as submitted and neither admit to nor deny the claims.

Benson made no comment on the affidavit other than to request a certified copy of it.

Jackson told Togliatti that Benson has made arrangements to take a flight out of the state the day he is released from prison. Jackson did not say where Benson planned to live. Last year Benson told the Sun he intends to settle in Salt Lake City with a woman he married while on probation.

Once free Benson will be required to do just two things: stay away from Lewis and register as an ex-felon with the sheriff in the community where he decides to live. Because he served what is considered a full sentence, Benson will not be required to report to a parole officer or to the court.

The Lewis stalking case played a key role in the passage of a bill this year before the Nevada Legislature that upped the maximum aggravated stalking penalty to 15 years. Benson's six-year sentence was the maximum under the old law.

Lewis, a Las Vegas resident for 20 years, in an Oct. 9, 1998, copyrighted Sun story said Benson had threatened the life of Lewis' 7-year-old daughter when she was an infant. Last year, the state Parole Board denied Benson a bid for early release.

The stalking began in 1989 when Lewis obtained for his then-housekeeper a lengthy police record on Benson after she told Lewis she planned to marry Benson. She in turn told Benson about the report, which sparked a string of harassing phone calls to Lewis' home and office. Lewis' ex-housekeeper married Benson. They later divorced.

After the protective order was issued, authorities were allowed to tap Lewis' phones.

Following a lengthy investigation, Benson was arrested on Feb. 4, 1994. A plea bargain was reached and Benson was sentenced on May 15, 1995, to six years in prison on one count of the then-new law of aggravated stalking.

The sentence was suspended on the condition Benson get mental health counseling. Early last year Benson stopped going to treatment sessions at the John Tyler Center in Salt Lake City. At the same time Lewis said he received a threatening phone call.

In July 1998 District Court Judge Michael Douglas revoked Benson's probation and sent him back to prison amid reports he had continued to threaten Lewis.