Ex-jail guard uses diaper defense

Kim Smith

Wednesday, May 22, 2002 | 9:27 a.m.

A former Clark County corrections officer stood before jurors Tuesday and showed them why two inmates were "lying" when they said they were forced to grope him -- he wears diapers.

Mark Bennish, 39, said that a bout with colon cancer has forced him to wear Attends since he was 15 years old.

There is no way the two women who claim he intimidated them into touching him could not have known he was wearing a diaper had their stories been true, Bennish said.

Tuesday was the last day of testimony in Bennish's trial. He is accused of using his position of authority to force the two women, ages 22 and 25, into compromising positions in the spring of 2000.

To bolster their case against Bennish, prosecutors called three public defenders to the stand to describe instances in which Bennish allegedly made inappropriate comments to them or, in one instance, kissed them.

The jury was expected to begin deliberating late this morning. Bennish faces three counts of voluntary sexual conduct with a prisoner, which carries a one- to four-year sentence.

Both women have filed lawsuits against Bennish and Clark County and Bennish said he believes they hope to profit financially by lying about what happened at the jail.

"I believe that I was the victim of an inmate sting or an inmate con," Bennish said.

In addition to the wearing of the diapers, Bennish said the many parts of his uniform prevent him from disrobing quickly.

Deputy District Attorney Pam Weckerly took Bennish through each of the many statements he provided to his bosses, internal affairs officers and sexual assault detectives.

Each time there was a discrepancy between his statements two years ago and his testimony on the stand Tuesday. Bennish told Weckerly that when he gave his statements he hadn't yet had an opportunity to see anyone else's statements or the evidence in the case.

"What I recall today is much better than what I recalled then," Bennish said.

Bennish told jurors Tuesday that one of the women who said an incident took place in a visiting room was in the visiting room twice on the night in question. Weckerly pointed out that he told a police detective two years ago that there was "no way"' the woman could have been in the room that night.

When the detective told him several people -- corrections officers and inmates alike -- saw the woman in the visiting area, Bennish told the detective "They're lying. They're lying. Every single one of them."

Bennish said Tuesday he couldn't recall making the statement, but acknowledged that since it was in the detective's report, he must have."