There is no doubt that child abuse, consisting of tortured and confused relationships between the adult abuser and the child victim, really does exist. But how often is the innocent parent, rather than the guilty one, set up for indictment and falsely arrested?
The two pictures below depict Nathan Bensch, the son of ex-Deputy Sheriff Walter Bensch.
When asked about
the bruises on his back,
When asked about the bruises on his legs,
Nathan said, Mommy is too fat to bend over and Nathan responded, Joe-Dad (Jose Mattos) said
spank me on the bottom, so she always hits me these are scorpion bites.
on the back.
Walter Bensch, a deputy sheriff with the Wichita County Sheriff's Department, was arrested by detectives with the Wichita Falls Police Department on September 14, 1995 and charged with molesting his adopted stepdaughter.
From beginning to end, Bensch consistently denied the charge and claimed that the whole thing was just another set-up by his ex-wife Penny Mattos.
"She swore she'd get my job, my badge and ruin me financially," Bensch said of his ex-wife, according to a story in the Wichita Falls Times Record News, published on October 19, 1995.
Peace officers have reports verifying the vindictiveness ofPenny's false allegations against Walter Bensch in her goal to ruin him since their divorce in 1992.
Using a No-Win Situation is known as "the ultimate weapon." "It's been called the neutron bomb of custody fights," said Dr. Ralph Underwager of the Institute for Psychological Therapies in Northfield, Minnesota. It refers to a charge of child sex abuse.
"The frequency of allegations is going up, frankly, because it works. The accused is guilty until proven innocent," said Underwager. "A charge of sex abuse is the most powerful thing you can do in a custody fight to destroy the person you're angry at."
Dr. Ralph Gardner, professor of child psychiatry at Columbia University, agrees. "It's reached the point of hysteria. It's a very convenient way for a woman to destroy her husband," he said. Gardner is the author of a book titled Sex Abuse Hysteria: Salem Witch Trials Revisited.
This view is also shared by professional women in the social services and criminal justice fields. Judith Weiner, a divorce mediator in White Plains, N.Y., said, "Clearly, in an adversarial situation of a custody dispute, raising a sex abuse allegation can be a tool or strategy."
In a report to the American Psychological Association, Dr. Underwager said 75 percentof the accusers making charges of sex abuse in child custody cases have severe personality disorders.
"An angry partner can completely ruin someone's life," Dr. Underwager continued. Spouses making the allegations, almost always win custody and are regarded as wonderful and courageous. Targets of the allegations, he noted, often find themselves stigmatized, bankrupted and in jail.
"The system is so biased in favor of the accuser, the accused should simply take a bus to prison, walk to the gate and turn himself in," argued Dr. Underwager. The accused ". . . is going to be destroyed. No matter what he does,he's never going to recover. In effect, he's done."
"All you have to do is mention child sex abuse," says 225th District Court Judge John Specia, "and you never get the smell out of the jury box."
Ms. Kim Hart, Executive Director, National Child Abuse Defense & Resource Center, appeared on the Maury Povich Show on July 11, 1996. Ms. Hart explained to Povich, "I cannot only make a phone call, Maury, I can do it anonymously and be protected by state and federal laws. So I don't have to leave my name while I cause you all of this painand heartache. And then, the worst part of it all is that the people who are charged with investigating and protecting and supposed to be weeding out true accusations from false have absolute immunity and no training for the job they're doing. That's why these things are happening."
People are being accused of crimes that never occurred. Mothers are forcing their daughters to lie, causing innocent people to befalsely arrested. What choice do the children have? (Daddy, I have to do what I have to do to survive.)
Ms. Hart asked, "Why are y--we so afraid to hold these people responsible? Sue them. Make them lose their jobs. It's--we have to force training."
Ms. Hart claimed, "Job security with no accountability. And we have done that in the name of protecting children. The problem is, by national statistics, the largest group of child abusers in this country is Child Protective Services."
"And the problem with it is that we will never protect our children until we hold the people charged with their protection accountable on both sides," Hart said. "I have seen people facing life in prison with the testimony of a two-year-old child that a judge determined was competent."
When asked what to do if falsely accused, Ms. Hart replied, "Nobody can tell you that you won't have to go through this, but there's a couple of steps that you have to deal with.
First of all, you hire a lawyer--right away. You don't--I don't care how ch--how innocent you are, you hire a lawyer. You have a Fifth Amendment right, and anything you say other than you didn't do it will hurt you. If your lawyer tells you to meet with Child Protective Services without him, fire him and hire another one…because he doesn't know what he's doing, and you don't have time to mess around. That's the very first thing.
The second thing: You never talk to police officers without a lawyer next to your side. When you have an accusation made against you, if you have the ability to, as quickly as possible, get your child to the--to the child's pediatrician, their own medical doctor first."
Ms Hart continued, stay
away from the authorities. And you have to act quickly. If they
show up at your door, record it. Grab a recorder, grab a neighbor, grab
any kind of a witness you possibly can. And you will not be able to stop
them from taking your child into his or her own bedroom and strip
searching your kid.
"They have this myth that young, small children can't be reared by dads, which is just crazy. And they, of course, advocate their decision-making to the untrained social workers," Hart explained.
BIASED COUNSELORS ARE PROGRAMMING CHILDREN
Elizabeth Loftus, PhD., and author, testified that therapists can easily implant false memories in the minds of vulnerable patients.
Family: Therapy leads to fabrications Springfield, MO (AP) Beth Rutherford never knew she had a tormented childhood until she went to a church therapist for counseling. Under the counselor's guidance, she recalled how her minister father repeatedly raped her and got her pregnant, then performed a painful coat-hanger abortion. In truth, Beth was still a VIRGIN and her father had had a vasectomy many years before.
Stephen Ceci, Professor, Cornell University, appearing on the television documentary "Justice Files", claimed interviewers have led children on and some clearly go way too far. Ceci has run numerous tests and experiments on how children respond to interviews conducted over a period of time.
Ceci said he used a "pale version" of questioning, that is, he used no coercion, no leading questions, but just gently repeated the same question once a week for several weeks. After a couple of weeks of being asked the same question, most of the children in his experiment started changing and adding to their stories, even though the experimenters knew the children were making it all up.
Also, Ceci stated that upon undergoing biased questioning techniques, there is no difference in response between children who have been and those who have not been molested: both groups try to tell the interviewers what they want to hear. Many times both groups admit to being sexually molested.
Continuing Ceci explained that after repeated biased questioning, any child can come to believe as fact that they have been molested. And that is exactly what the prosecutors want and need children to believe in order for the prosecutors to win their cases. Prosecutors are evaluated on their win/loss ratio.
Pamela Freyd, Executive Director, False Memory Syndrome Foundation said that with memories, there will always be some doubt. Even memories found throughhypnosis are unreliable.
POLICE WORK BY NUMBERS (QUOTA SYSTEM)
According to the San Jose Mercury News dated December 27, 1997, staff writer Heide Van Zant writes that "Police Work By The Numbers."
She writes that Redwood California police are required to write more than a dozen citations a month or risk unfavorable job evaluations. Patrol officers are expected to make at least seven arrests and conduct 10 field interviews a month, and they are also required to issue one ticket per shift.
This policy was introduced in August and the number of citations has increased 50 percent in the past four months. Supporters see the program as a morale booster, but there are concerns both inside and outside the police department that the officers may feel pressure to write more tickets and make more arrests just to meet monthly goals.
Police defend the policy, saying it is simply a guideline used to determine whether officers were adequately doing their duty. Capt. Scott Warner commented "What the public gets from this is officers with a heightened sense of what the expectations are. Each and every officer has a role in traffic safety, and in paying attention to crime that leads to arrests."
Those who don’t meet the minimum goals receive counseling on how to improve the statistics. Officers who far exceed the standards get their name on a "leader" board at the police station. Van Zant writes.
Another part of the Redwood City Police policy is the Point System. Arrests count for three points, citations for one point, and field interviews count for one-half point. Van Zant continues that to make the board, an officer must have 60 points a month. She includes that one sergeant treats top-performers to pizza as a reward for their high monthly tallies.
Critics include leaders in the Redwood City Police Officers Association, a statewide peace officers association, and civil libertarians.
Steven Craig, president of the Peace Officers Research Association of California, a Sacramento-based organization with 44,000 members, said, "It sounds like a used-car lot, where a guy who sell the most gets a bonus. That’s not law enforcement, that’s a production line." He also commented that " The longtime trend in law enforcement has been away from quota-type evaluations because of the negative reaction from police and the public."
One officer, who requested anonymity, told Van Zant that "We’re now looking at everybody as a point. You’re a point. We joke around about it on the street, you hear it on the radio. I have cited some old ladies that I never would have before, who had clean records for 20 years."
PROSECUTORS OFTEN BREAK LAWS TO WIN THEIR CASES
On Sunday, November 22, 1998, The Wichita Falls Times Record News printed an article titled, "Conviction corruption: Investigation finds agents, prosecutors often break laws." Federal agents and prosecutors around the country have repeatedly broken the law over the past decade in the pursuit of convictions, the Pittsburgh Post-Gazette wrote it had discovered after a two-year investigation.
The newspaper, in a 10-part series that began Sunday, wrote it had found examples of prosecutors lying, hiding evidence, distorting the facts, engaging in cover-ups, paying for perjury and setting up innocent people to win indictments, guilty pleas and convictions.
The newspaper reported that federal officials were rarely punished for their misconduct, despite the fact that they caused some victims to lose their jobs, assets and even families.
The article noted some victims went to prison becauseprosecutors withheld favorable evidence or allowed fabricated testimony, while some criminals walked free as a reward for conspiring with the government.
"It's a result-oriented process today, fairness be damned," said Robert Merkle, who served as an U.S. Attorney in Florida from 1982 to 1988 and is now a defense lawyer in Tampa.
"The philosophy of the past 10 to 15 years (is) that whatever works is what's right," he told the Post-Gazette.
The Post-Gazette noted the problems have worsened because Congress has eliminated many of the checks and balances designed to prevent the abuse of power.
No matter what offense a federal prosecutor may commit in pursuing an investigation, a criminal defendant is practically powerless to sue for damages, the newspaper found.
The Post-Gazette also found hundreds of examples of abuse in discovery, which requires that federal prosecutors turn over to criminal defendants any evidence that might help prove thedefendant's innocence or show lack of credibility on the part of prosecution witnesses.
Indictments of Prosecutors a Rarity in Justice System: 'Line Was Crossed' in Cruz Case "When it comes to the way they prepare and present cases, prosecutors are all but invulnerable to legal reprisals. They get virtually unlimited immunity from lawsuits. They rarely face disciplinary charges. They almost never face criminal charges."
"The prosecution deliberately misrepresented the truth," Justice Potter Stewart wrote. The prosecutor, according to the nation's highest court, had committed the worst kind of misconduct--deception that helped land a man on Death Row. Even so, the prosecutor was never disciplined, much less charged with a crime.
Common sense cannot be taught. Many peace officers, prosecutors, child protective service workers, and judges seem to be deficient in this area. Many charges are filed but not supported by common sense.
"Judges, attorneys question cases: Indictments returned in high numbers" Dallas (AP) An escalating volume of indictments returned by Dallas County grand juries has judges and defense attorneys questioning the soundness of many of those cases. Grand juries returned indictments in 91 percent of the cases they reviewed in 1997. As a result, State District Judge John Creuzot said he and other judges are spending too much time on cases that should never have made it out of the grand jury.
"There are an awful lot of cases that are indicted that I think everyone would agree ought not to be indicted," said Creuzot, a former prosecutor. "I don't think there is a guiding principle when a case should be indicted or not."
No doubt child abuse, abusers and victims exist; but false accusations of abuse have become a prime choice of those who wish to exploit the law. According to Bruce Kaskubar Coordinator, Children's Rights Council of Minnesota Rochester, Minnesota, The Department of Human Services liaison for the Iowa Access Enforcement Project reported that about 65 percent of abuse reports in Iowa were unfounded and that, where divorce was in progress, 80 percent of the allegations were unfounded. Too often, fathers are presumed guilty until proved innocent,with nary a penalty for false accusers.
Dan Price, a family attorney in Austin said, "I'm so g__-d_____ sick and tired of this 'err on the side of the child' business. An allegation may start out being accidental or negligent, but once it's made, these women hold on to it. You should see them sitting in court. It's all they can do to bite their lips and keep from grinning."
The goal of Department of Protective and Regulatory Services, Price says, is not to determine if abuse occurred; it is to determine that it did.
The problem with dolls is that both abused and nonabused children may play with them in a similar way, as a spate of studies have shown. "You give me anybody's three to six-year-old child and some anatomically correct dolls, and I'll have them accusing somebody of sex abuse by midnight," says Price.
THE NIGHTMARISH EVENTS OF A SPURIOUS CHILD ABUSE CHARGE BECAME ALL TOO REAL IN THE LIVES OF WALTER BENSCH AND HIS SON, NATHAN, IN THE WALTER BENSCH CASE. CONSIDER THE FOLLOWING FACTS:
Penny's first husbandwas accused of child molestation after she divorced him in 1980.
On December 21, 1984 Walter Bensch made a video tape of Penny Bensch, his wife at the time, at her request, for medical reasons. The date was clearly stamped on the tape. Both Penny and her daughter knew of the existence of this tape.
Penny loved to sunbathe in the nude so she could have an all over tan. Word got back to Walter that she was claiming that he was forcing her to sunbathe in the nude. Walter knew the value of documentation so he documented her "apprehension." He videotaped her sunbathing on different occasions. The tape clearly showed she had no apprehension and was so relaxed sun bathing in the nude that she would fall asleep at times. The tape showed her explicit all over deep tan and also the stretch marks from having two children.
Walter had never video taped her before without her knowledge and no one knew of the tape’s existence until 1992. Penny did not know the tape of her tanning existed, but her daughter did. Walter later recorded parts of the sunbathing tape onto her medical tape.
In 1992 Penny’s daughter smuggled the combined tape out of the house. Walter Bensch was illegally locked out of the house he had been living in before he married Penny. It was almost nine months before he could get back into his house. What is the incentive or rush for a woman to move out of a house when her ex-husband is paying all the bills, including the utilities and cable television?
In 1991 Penny decided she enjoyed the company of her single friends more than staying home with her family. Penny justified her staying out late with her male friends saying that it was OK, they are divorced.
Penny’s divorced friends were experienced and knew what works when playing the divorce game. It should have been no surprise when Walter Bensch was falsely accused of sexually assaulting his stepdaughter the same day he was served his divorce papers.
Penny was planning another vacation to Australia for the fall of 1991, leaving Walter at home to take care of his children. Her six-week vacation was for pleasure alone. In the past she had to get away from her children. She now had to get away from them and Walter. The plans had to be postponed until the spring of 1992.
On January 22, 1992, Penny accessed the safety deposit box Walter had before their marriage. Penny knew how to and did prepare for the divorce. Walter did not and was not prepared.
On Thursday, January 23, 1992, at approximately 4:35PM, Walter was taking his stepdaughter to saxophone lessons. As they were backing out of the drive, she said, "Mommy sure is acting strange today." Walter agreed with her. He had asked her in the past and asked her again who she wanted to live with if Penny decided she did not want to be married anymore. She immediately and without hesitation told Walter to what extent and why she wanted to live with him.
On Friday, January 24, 1992, at approximately 9:35AM, Walter was served divorce papers. At approximately 4:25PM, a CPS worker called Walter and wanted to know why he had been molesting his stepdaughter and beating his son. The worker said that Penny had known for the past two years that he had been molesting his stepdaughter.
Walter told the CPS worker Penny had been planning and was still planning on going on a six-week vacation to Australia, leaving him to care for the children. Walter then asked the CPS worker to decide if Penny is an unfit mother, a liar, or both.
On Friday, January 24, 1992, Penny took her daughter to Child Protective Services. Her daughter repeatedly denied ever being touched by anyone, including her stepfather. How can any loving mother humiliate her own biological daughter by forcing her to be stripped and examined? ("An allegation may start out being accidental or negligent, but once it's made, these women hold on to it. You should see them sitting in court. It's all they can do to bite their lips and keep from grinning.")
The doctor’s report verifies that the doctor repeatedly asked her if she had ever been touched by anyone. She repeatedly denied ever being touched by anyone.
The doctor’s report also verified Penny’s daughter was still a Virgin and was telling the truth all along, but the damage was already done to her and Walter. She later said, "Daddy, I’ve never been raped, but that is as close as I ever want to come." Penny then had the doctor’s bill sent to Walter.
Penny’s daughter was given a clean bill of health, but Walter had also been accused of beating Nathan. The CPS worker had to do his job and check Nathan out. Walter was not allowed to see his stepdaughter who had been verified to be a virgin, but he was allowed to keep Nathan anytime.
Walter let it be known that he was going for custody of his children. He had basically raised his son and adopted stepdaughter. Penny informed Walter that adoption means nothing in custody battles and the judge gives the woman everything she wants, so there would be no reason for Walter to waste his money to retain a lawyer.
Penny told Walter he could continue to raise the children as long as he gave up the custody battle for them. (She wanted to continue to control Walter and get child support while Walter continued to care for the children.)
When Penny found out Walter had retained a lawyer to protect his rights, she told him that was his "bigmistake." She swore to Walter and others she would get his badge, his job, and ruin him financially because of his "big mistake."
The system would not allow Walter to visit with his stepdaughter until Nathan was checked out for bruises. Penny’s father said he kept Nathan at his house all day, Monday, January 27, 1992, waiting for a CPS worker to check Nathan out. Rehab records indicate that claim to be just another inconsistency.
Walter was informed that his adopted stepdaughter was getting suicidal and could become a prime candidate for a nervous break down if she had to testify why Walter would make a better parent then Penny. In court, is it more important to be related by blood than being a good parent? Penny was correct when she said adoption means nothing to some people. What would happen to the poor child if she testified truthfully, and then Walter lost the custody battle? She needed out from the pressure and someone to talk with immediately for later might never come.
The CPS report,
"3-6-92 Telephone call from Penny
Penny called to let worker know that Walter had dropped the child custody battle in exchange for visitation …"
(Are children used as pawns in some divorce cases?)
Penny made it clear to Walter he would be in big trouble if he attended any function his children were involved in if the function did not take place during his Standard State Ordered visitation.
Penny's daughter custom made Walter a card for the Christmas of 1993. Walter was not present when she made it. She spontaneously, of her own free will without coercion, wrote on the cover of the card, "Dad, I didn't choose you for a father…" Inside she wrote, "…but if I could have, I would have! Merry Christmas," and then signed it.
Less than two months later, on February 6, 1994, Penny said her daughter did not want to visit Walter or anyone in his family until he paid her, Penny, the money he owed her daughter.
Penny made Walter’s life miserable. She made it difficult for Walter to plan weekend excursions or vacations with his children. On February 24, 1993, Walter made the court aware that on numerous dates Penny had not allowed Walter to visit his children as the court had ordered. Walter believes that children need vacations also and tried to include his children in his vacations.
For visitation, Penny sent soiled clothing that Nathan had outgrown and were so small they hurt his stomach. Then later she stopped sending clothes completely, except for the small dirty clothes on Nathan’s back.
Walter knew Nathan was being abused. One example was when Nathan came to visitation with bruises on his back. Walter videotaped the bruises. He took the videotape of Nathan with the bruises on his back along with other evidence to his immediate superiors and then to a DA Investigator. The investigator was ready to file charges against Penny immediately. Walter did not want Penny to get away with anymore "honest mistakes" or "accidents". He persuaded the investigator to wait until he had enough evidence to make a case so tight any jury would have to come back with a guilty verdict.
Walter was informed that Penny was going to kill him. He recorded part of the plan and also had the informant tell the DA investigator. Precautions were taken and all the deputies who worked with Walter were informed of the threat on his life. No shots were fired and the sheriff’s department was unable to gather enough evidence to file charges on Penny. (Did Penny’s relative at the WFPD get wind of the investigation and warn her?)
The threats and false accusations against Walter started before 1992 and have not stopped. An example of such harassment occurred in November of 1993. Sergeant Fulton in the personal department at the Wichita County Sheriff’s Office received a phone call concerning Deputy Bensch. Sergeant Fulton referred the complaint to Sergeant York. Sergeant York then asked Corporal Penaluna why Deputy Bensch was driving back and forth in his marked patrol car, at a slow rate of speed, in front of Penny’s house. Penaluna answered, "Time out, Deputy Bensch has been with me or in court all day."
(Walter had no idea how many false accusations were made against him until the WFPD gave Penny’s file of "evidence" to Walter by mistake when they returned the "evidence" they had illegally seized from him in 1995.)
In 1995 Walter wasfalsely accused of sexually assaulting his stepdaughter and having a video of her in the nude. It appears a detective from the Wichita Falls Police Department did not know the history of or the accuracy of Penny’s accusations.
The detectives from the Wichita Falls Police Department searched a house outside the city limits of Wichita Falls, Texas, for the bogus tape, without a representative from the DPS or Sheriff's office, and without the owner’s permission. They made numerous mistakes.
The detectives asked Bensch a barrage of questions. One of the detectives asked Bensch if he had any pictures of his stepdaughter in the nude or of her swimming in the nude. He told them they must be referring to the medical video tape of his ex-wife. He showed them the tape of his nude ex-wife and explained to them why the tape was made. He assured them he had no nude pictures of his stepdaughter.
Approximately 15 officers thoroughly searched the house and found no nude pictures of Bensch’s stepdaughter. They seized the videotape Bensch had shown them along with other "evidence". Some of the other "evidence" included his will, coin collections, checking account information, audiotapes containing conversations with Penny, the video tape of Nathan’s bruises, the tape of the informant telling of Penny’s plan to kill Walter, etc.
While searching they seemed to have undue interest in financial records. (It was no secret Bensch had not recovered financially from his divorce with Penny.) Later, Bensch was told part of his evidence was shown to Penny. Why was she allowed to see any of his personal data?
THEY THEN ARRESTED DEPUTY BENSCH.
The key piece of evidence against Bensch was the medical videotape Walter Bensch had shown them. They mistook Penny for his stepdaughter whom he was accused of assaulting. It showed Penny holding a sign with her weight as 144 pounds on 12-21-84. The date was also generated on the tape. (On 12-21-84 Bensch’s stepdaughter was 5 1/2 years of age.)
Bensch told police investigators five times as they were arresting him that the pictures were of his ex-wife Penny Mattos, not his stepdaughter. They refused to believe him, positively identified andswore on an arrest warrant that the picture of a 27-year-old woman was that of her daughter who was 5 1/2 years of age at the time.
Subsequent events proved that Bensch was telling the truth all along. Their videotaped evidence was the medical tape taken of Penny in 1984. It did not contain any pictures of his stepdaughter but pictures of his ex-wife Penny posing for the camera and sunbathing.
On or about September 21, 1995, the mistakes could not be covered up any longer. Major Wynn, a spokesman for the embarrassed Wichita Falls Police Department had to admit in the newspaper and on the television that mistakes were made. The charge against Bensch was thrown out.
In August 1999, the judges from the 2nd District Court of Appeals said "…law enforcement officers are held to a higher standard for understanding what constitutes lawbreaking." If a trained Wichita Falls Police Detective can make such an ironic positive identification, are any positive identifications creditable?
Despite the charge against him being thrown out, Walter Bensch knew he could still be in trouble. Cover-ups sometimes follow mistakes. Also, Penny’s own hand written sworn affidavit in 1992 verifies that Penny had been trying to pressure Bensch’s stepdaughter into believing he was going to sexually abuse her before Penny filed for divorce from Walter in 1992. Bensch’s stepdaughter was 11 then, but she had consistently refused to accuse Walter until 1995, saying over and over, "He’s not like that." It took four years of coercing and/or bribing to get her to change her story that was documented in 1992 and say what Penny wanted her to say.
Knowing Penny’s vindictive nature, Bensch feared this was not the end. Penny had been trying to fulfill her promise to get his job since 1992. He also knew he needed to get his evidence back to prove his innocence, and the Wichita Falls Police Department has a history of losing their own evidence.
As Bensch expected, the false accusations continued. Bensch’s 17-year-old stepdaughter was alleged to be pregnant with his child. (Later examinations verified that she was still a VIRGIN.)
The false accusations continued. No one was being held accountable for their words or actions. Penny Mattos kept trying to take away Bensch’s visitation rights with his stepdaughter and his son.
Bensch was told that if he would give up his parental rights to his children he could keep his job and all this would go away and everything would go back to normal.
Bensch knew he could never be alone with his stepdaughter again. Penny had complete control of her college money and has never given the annual accounting to Bensch as the court had previously ordered. Bensch’s stepdaughter summed it up when she said,
"Daddy, I have to do what I have to do to survive." She also knows how to get rewards for doing what her mother wants her to do. On February 17, 1995, at approximately 4:45 PM, Jose Mattos told her to refuse to do what Bensch and Wanda Hoffman, the court reporter, asked her to do. She was 15 and too young to have a full driver’s license. It appears she was given her own car shortly after doing what Jose Mattos told her to do.
Nathan was too young to understand what was going on, so Bensch said he would give up parental rights for his adopted stepdaughter, but not for his son. Penny wanted Walter to give up parental rights to both of his children, or to neither. Bensch said neither. (There has been talk of Penny moving, which would make it easier to cut all ties between Bensch and his children.)
Next Bensch was told if he would his resign his position at the sheriff’s office, agree to supervised visitation and counseling for his children, he could keep his Peace Officer's certification, allowing him to work anyplace in the state of Texas, except Wichita County. He would also get his "evidence" back.
Although Bensch had not been alone with either child for almost two years, he agreed to supervised visitation for his own protection. Visitation would remain the same.
As for the demand that both children receive counseling, Bensch knew both children needed counseling. He would have to pay the deductible Penny's Post Office health insurance didn't cover.
After Bensch agreed to the terms, more restrictions were added and the rules were changed. Penny Mattos and the District Attorney’s office then drew up what some would consider an "unconstitutional" "no win situation" court order consisting mainly of three parts.
1. The 1st part, (Consisting of 95% of the whole order) was to get Bensch's job and badge by forcing him to resign his position as a deputy sheriff.
2. The 2nd part was designed to alienate his children from him. Bensch would be allowed to visit with his son (at that time age 6) in, and only in the foyer of the Wichita Falls Police Department, unless Penny Mattos agreed to another location. This visitation was to continue until Nathan turned 10, at which visitation would return to normal state ordered visitation. The majority of the people involved knew Penny and that visitation would not be allowed to be moved from the foyer of the Wichita Falls Police Department. (No one was prepared for the pain and suffering Penny would force upon Nathan.)
3. The 3rd part was designed mainly to ruin him financially. After being forced to resign and having no job, he would have to pay for counseling for his son and daughter in addition to child support.
(At that time Bensch wasn't thinking of how Penny had made money in the past. She paid community cash for medical bills, etc. and then filed the bills with her insurance company for reimbursement. Bensch made the court aware of what she was doing. It appears the court allowed her to keep the community money reimbursed to her that belonged to Walter Bensch. He also assumed any qualified counselor would soon verify that Bensch's children had never been molested.)
He did not realize he would be forced to pay unlimited counseling fees to an uncooperative counselor for the children he knew he had never molested. (Records indicate over 180 hours of counseling. To date Bensch has not received any reimbursement from Penny’s insurance company.) Also at the time, Bensch did not have the evidence that Nathan may have sexually molested by someone, but not by him.
Most jobs require rookies to work on Saturdays, therefore making it impossible for Walter to accept a job and still visit his son. "She swore she’d get my job, my badge and ruin me financially." Not only had she fulfilled her three threats, she was also laying the foundation to alienate Bensch from his son as she had with his stepdaughter. The court order was well conceived.
The court order presented to Bensch was not what he had agreed to. He pointed out some of the differences and potential problems to a representative of the District Attorney's Office. The representative assured Walter Bensch that Penny would not be so vindictive as to subject her son to the inhuman conditions that Nathan would later be subjected to. With that assurance, the other four people in the room, at the same time, told the DA representative he didn’t know Penny. The representative said the changes would not happen, take it or leave it, and then demanded Bensch sign it "…under coercion and duress" if he did not want to be "set up" for indictment. (Bensch knew that at times the cost of an indictment could be as cheap as the price of a loaf of bread.)
Bensch agreed because he needed his illegally seized evidence back from the police at most any cost. Walter Bensch had no guarantee Penny and the District Attorney's office would abide by the terms of the agreement once they had his signature on the dotted line. Bensch did not have much choice. He signed their unconstitutional court order.
Since Bensch was not employed and his cash reserves had been depleted, he went to court on February 19, 1996, to have the amount of child support lowered, not discontinued. It appears that Penny’s attorney was preparing that since Bensch was not employed he did not need transportation. Then Bensch should drop the insurance on his truck and give that money toward child support.
Bensch was in-debt, unemployed, and had already dropped the insurance on the truck. Bensch has not had liability insurance on the truck since February 1996 and he has not driven his truck on a city street or road since that date. It appears his stepdaughter was given her first car when she was 15, before she had her full driver’s license. But his child support was increased.
Bensch has had a problem with his mail getting lost in the past. For that reason, he has hand delivered every child support payment in person and gotten the receipt. He has never been behind. In the beginning he would stay a month ahead in case he was in an accident and could not make the payment on time. When the records were computerized, the computers could not accept payments more than 30 days in advance.
The court order requiring Bensch to pay child support had a major flaw in it. It only required him to pay support until May 18, 1997, when his adopted stepdaughter reached 18 years of age. Records verify he continued to pay child support for his son without a court ordering him to.
Bensch was falsely accused of not paying child support. With his record of never a late payment, on April 26, 1998 Bensch received a Notice Of Intent To Report from the Office Of The Attorney General. His name was going to be turned into the credit bureau for owing back child support. The report would remain on his record for seven years etc.
Bensch asked for and received a Child Support Account Ledger from the Wichita County Family Court Services, Child Support Division, giving proof he was not and never had been behind with his child support. He took the ledger, the receipts, and canceled checks to the Attorney General’s office on 8th street.
While Bensch was waiting for someone to wait on him Penny Mattos walked in. Someone opened the office door for her and she walked into the back as if she worked there. She was allowed into the office area where the public is not allowed. After a while Bensch got waited on.
Bensch provided evidence in triplicate that he was not behind with his child support. He was then informed that what The Attorney General’s Office says goes. Bensch was told that he was in error and that the people who worked for the Family Court Services were incompetent.
The Family Court Services is a section of the Attorney General’s Office. As Ms. Hart asked, "Why are y--we so afraid to hold these people responsible? Sue them. Make them lose their jobs. It's--we have to force training."
PENNY is very convincing and has a way with words. Her version is more credible than documentation in triplicate to validate Bensch’s word as the truth.
Penny has signed and cashed every child support check.
Bensch also received a notice from the Attorney General’s Office reading;
2. The child is receiving financial assistance under the Temporary Assistance for Needy Families program, or Title IV-E Foster Care; or the Attorney General of Texas is providing services pursuant to Texas Family Code Chapter 231 for the benefit of the above named child and such child is not currently receiving financial assistance. (Who signed the documentation verifying Penny was needy and not receiving child support?)
Court documents verify that Penny Mattos has worked for the United States Post Office since the mid 1970’s and made well in excess of $35,000.00 in 1991. She is married to a retired Air Force Officer, and Bensch is without a job. (Bensch was told that Penny was bragging to a postal worker as to how Walter Bensch had all his canceled checks, receipts, and ledger, and that he is still having to pay his child support again.)
Knowing Penny's past record, Bensch had already done most everything he could do to protect himself against any and all possible future false accusations. Bensch made sure he was never alone with his son, Nathan, since the fall of 1993, and yet, because of other people's "mistakes", he had to start visiting his son in the foyer of the Wichita Falls Police Department October 28, 1995.
Walter Bensch has not missed a visit since October of 1995. Bensch is the only person in Wichita County who has to visit under these circumstances. Jose Mattos, Penny’s husband was bringing Nathan to the police station most of the time. Nathan enjoyed coming to visitation so much that many times he would be fighting to get his hand loose from Jose’s grip as they walked from Jose's car to the foyer at the Wichita Falls Police Department. Many visits would start with a stern look on Jose’s face while he is talking to Nathan before entering the foyer. Hours of video tape prove that Nathan enjoyed his visits with his father.
Jose thinks he has to be in control, when in reality, he is not even required to be present at the visitations. If he is not happy or does not get his way, he takes Nathan out of visitation, defying the court order. Witnesses have seen Jose physically restrain Nathan and also pull on Nathan's arm forcefully trying to pull him out of the WFPD foyer while Nathan fought for all he was worth to stay. It does not take a genius to know what happens to that poor child when he gets home. Nathan has no one he can tell his troubles to.
At these visitations Jose has told Peace Officers what they can and cannot do, including where they can sit. Numerous times Jose has told Bensch how he is going to hell in front of Nathan. Nathan is told what he can and cannot do and say at visitations. Numerous videotapes show Nathan’s fear of Jose. If Nathan does slip and say something he is not suppose to say, Jose will then call him over and whisper in his ear.
Nathan is definitely preprogrammed for visitation. He and Bensch’s stepdaughter both have said and are convinced the judge lies, the transcripts and videotapes are doctored, etc. Nathan slips at times and will tell of some of his requirements concerning visitation. One example was when he explained that Penny requires him to hug Jose for the camera for the judge to see, which was caught on tape.
Nathan's counseling sessions are even centered around visitations at the WFPD. The beginning standard for his counseling was at least two visits a month, the Friday before each Saturday's visitation. Nathan's counselor has said under oath that Jose is allowed to play with Nathan and the figures during counseling sessions. Are these anatomically correct dolls, and why is Jose, the man Nathan is afraid of, allowed in counseling sessions?
Jose allows visitation in and only in the north end of the foyer. The foyer has four entry doors consisting of two double doors. One set is located approximately 4 1/2 feet to the north of the center of the foyer and the other set is approximately 4 1/2 to the south, less then nine feet apart. The far north door has been broken for years and has a sign, "Please use other door." The sign also has a small arrow pointing to the south. To prevent accidents, Bensch places a copy of the court order and a sign explaining the visiting situation on the adjacent door, only during visitation. The sign is placed next to the door handle, instructing people to please use the south doors. This allows approximately 48 more square feet of free playing space, bringing the total to approximately 120 square feet. People entering a dark building from bright sunlight may not see people or toys on the floor which could result in an accident.
Jess Payne, Penny's father, has hauled back tohit a peace officer, which is caught on video tape. If Jose does not get his way, he has been known to shake his fist in peace officers’ faces. With tempers like that, Bensch has to hire bodyguards for protection during these visits. The bodyguards make reports concerning the visits.
One bodyguard wrote, "I also will add that Walter and his family was trying very hard to get along with Joe (Jose) and abide by his orders but Joe was making it very impossible by some of thesilly ordershe was giving."
Jose has tried numerous times to run people out of the foyer, including Bensch’s bodyguards and family members, leaving Bensch open for a "set up."
Nathan arrived with his backpack on October 28, 1995, the first visitation from 12 noon to 3 PM. At approximately 1:00 PM Nathan started getting hungry. One of the people who came to "the historic visitation" went to McDonalds and bought Nathan a happy meal.
Nathan enjoyed his happy meal and the little plastic dog that came with meal. As Nathan was leaving with his dog at the end of visitation Jose told him he could not take his dog home. Nathan got very upset, but he had no say in the matter.
Word got out concerning the type of visitation going on at the police station. On the next visit, November 11, 1995, 14 people arrived in the small foyer of the Wichita Falls Police Department. Four were trained professionals.
Not one of the witnesses was prepared for what they saw and heard. Nathan was offered a snack. He said he had left his backpack at the police station last time, and since he was responsible for the loss and forgot it, he would no longer be allowed to accept anything from Walter anymore.
He would no longer be allowed to eat or drink anything during visitation.
At approximately 12:45 Nathan was having a good time and did not want to get up. He started holding himself. After a few minutes he got up and went to Katherine and then to Dee Ann wanting to go to the rest room. They told him he would have to get Jose to take him. He was very hesitant. He started to cry. He had to go so bad he eventually had to give in and ask Jose to take him to the rest room. The witnesses knew something wasn't right when Nathan was afraid to go to the rest room with Jose.
Jose was busy talking to his sister-in-law. He was very annoyed with Nathan for interrupting his conversation, but he did take Nathan to the restroom.
Nathan has had to endure many circumstances that some would consider child abuse. Nathan told the Benschs of one of his many circumstances or rules on May 20, 1995. He said he wasnot allowed to use the restroomat Penny's house during the night because the light bothered Penny.
Could the visitations have been designed to be an impossible, "no-win-situation?" Nobody Bensch has talked with has ever even heard of such visitation rules. The foyer of the police department was not designed or prepared for family visits. Could this location have been chosen to humiliate and alienate Nathan from his father? Visitation is noon to 3:00 PM every 2nd and 4th Saturday. Some Saturdays Nathan has said he has had nothing to eat or drink before visitation. Nathan knew he was not allowed to eat or drink anything he was offered during visitation. Most adults would find it impossible to wait until late afternoon before eating or drinking anything for the day. Why would any civilized and mature adult allow such abuse? Is it possible for a loving mother to make it mandatory that her son be so abused? All this retaliation because Walter finally stood up for his rights and retained a lawyer.
On May 10, 1997, the police department held an open house. Visitation was the same day. Hot-dogs and cokes were being served. A videotape shows thehunger in Nathan's eyes, but by now he knew he could not have a hot-dog. (Some states would consider making a child go without food or drink on a regular basis an example of child abuse.)
Jess Payne insists on hearing every word spoken. He harasses Walter by standing behind Nathan and Walter, acting as if he cannot hear what is being said, when in reality they are talking loud enough for Walter’s bodyguard to hear at the south end of the foyer. The court order states that only Nathan, Walter, and at least one other person who Walter can choose are required at visitations. Jose and Jess are not even required to be at visitation, much less constantly intimidating Nathan, Walter Bensch, and his family.
Jose and /or Jess have been told to stay out of Walter's face, be quiet, sit down, and/or let Nathan and Walter have their visit. At least 8 different peace officers, two WFPD detectives, one sergeant, three WFPD officers, one deputy sheriff, and one deputy constable have been present or have told Jose and/or Jess basically the same thing.
On December 9, 1995, Deputy Robert Baker brought his son to the police station to play with Nathan. Deputy Baker made a report and in it he wrote, "In my opinion, Joe was very rude and very unprofessional, not only to myself but to Walter and his family and friends. Joe was trying toact like "God" wanting to convince everyone that he makes all of the rules. Joe is forgetting that he was in a public place and cannot tell me what to do and has no control over me or my son. I also will add that Walter and family was trying very hard to get along with Joe and abide by his orders but Joe was making it very impossible by some of the silly orders he was giving."
02/10/96 Nathan had bruises on his body again. Bensch asked the Wichita Falls Police Department to make a report and investigate the bruises that were consistent with severe child abuse. Nathan stated that Jose said the bruises were scorpion bites. The Wichita Falls Police ID took pictures and a report was to be filed. As one of the police officers was getting some information from Bensch for the report, Jose threatened Walter in front of two officers. One of the officers told Jose to go sit down and let Bensch visit with his son.
Walter was told he would be contacted the first part of the next week concerning the investigation of the bruises. That never happened. As of September 7, 1999, the records clerk at the Wichita Falls Police Department has no record of the report. What happened to the report and pictures?
09/13/97 Nathan whispers to Bensch that he, Nathan had serious problems and pleaded with Bensch not to let Jose and Jess know. Bensch gave Nathan his word he would not tell. Nathan saidhe had tried tocommit suicide that morning. The marks on Nathan’s body were consistent with the story Nathan whispered to Bensch.Bensch recorded Nathan’s plea for help. Jess told Nathan and Bensch to quit whispering. Nathan did not continue to discuss the incident.
Bensch later found out that Nathan had faced death four times in less then a year according to statements made by Nathan. Nathan's counselor is supposed to be trained to work with suicidal children. She was unaware Nathan, her patient of two years, was suicidal.
How does a loving parent look into the helpless pleading eyes of his child begging for relief before he succeeds in committing suicide? How does a caring father tell his son that he is unable to be the protector of health and life that a loving father should be?
There is a helpless feeling, which Bensch has no way of expressing. No parent is capable of understanding the gut wrenching helpless feeling of seeing their child in this lifestyle and being driven to suicide.
Bensch had the choice of keeping his word to Nathan or betraying his confidence and seeking professional help for him. Bensch tried to get Nathan another counselor and the location of visitation changed in an attempt to save his son’s life.
Bensch was informed of the consequences of trying to get the visitation site changed, even with his son’s life at stake. (Are politics more important than a child’s life?) It took Bensch approximately four months to get the case to court. (It appears that a child may not be suicidal just because he has tried to commit suicide more than once.)
09/27/97 12:01 Bensch told Nathan the court order said nothing concerning their whispering, hoping Nathan would talk more about his attempted suicide. Jose interrupted that saying whispering was not allowed, that he was in charge and that Bensch was guilty of everything and that Bensch should repent for his sins. Bensch asked Jose to show where the court order stated no whispering. Jose again tells Bensch what a sinner he is and that the devil was going to destroy him or continue to use him.
12:12 Jose called Nathan to him. When Nathan got to Jose, Jose told Nathan they had to go. Nathan gets upset, confused and does not want to go. Jose grabs Nathan by the arm and starts to pull him out of the PD, physically restraining him and causing him extreme emotional upset by pulling on his left arm.Nathan was physically forced to comply with Jose’s wishes. Jose proved to Nathan that he, Jose was stronger than Nathan and Nathan had no choice in the matter.
12:14 Jess hauls back to strike Deputy Baker when Baker tells Jess to take it back to court. Baker tried to tell Joe and Jess what the court order states, that Bensch had the right to visit with Nathan. Joe said he was going to terminate the visitation. Police Officers came out and told Joe and Jess to let Bensch visit with Nathan. Joe stated he was working for the DA's office and he was told he could do what he wanted.
12:18 Jose tells the two policemen that the court order means nothing.
10/11/97 Deputy Danny Martinez was Walter's bodyguard. In his report, he wrote, "He (Jose) told me that Walter was trying to poison Nathan's mind. Sergeant King responded to this call by the front desk officer. Sgt. King and I managed to calm Joe down but not until Joe made it plain to everyone in the room that he was in charge."
11/08/97 Deputy Danny Martinez, " Joe's outburst was so loud that within minutes, Officer Rutlege, Officer King and Officer Laughlin responded. Joe at this time started questioning our authority as Officers. He asked each one of us for our name and badge numbers. Officer Laughlin advised Joe that if Joe had a complaint about Walter's visitation for Joe to file contempt charges on Walter."
11/08/97 12:27 One of the uniformed officer tells Jose to stop putting words into his mouth. Jose is told numerous times to sit down, be quiet, and leave Walter alone. Jose demands the peace officers badge numbers and lets them know they have made a mistake and do not know what they are getting into. The officer also told Jess that he was putting words into the officer's mouth. Nathan says again that all the Bensch family is evil.
11/22/97 Pat Sullivan, Chief D.A. Investigator, came to the visitation. He told Bensch and Deputy Danny Martinez that Jose did not have to abide by the court order. Bensch told Sullivan that Jose was removing Nathan from visitation without cause and abusing Nathan because at times he would not have any breakfast before visitation and then not allowed to eat during visitation.
Deputy Martinez wrote in his report, "Pat stated as an example that if Joe decided to have the meeting on the opposite side of the foyer then that's where the meeting would take place. Pat also stated the if Joe decided to call off the meeting at 2:00PM that he could."
"I feel that Pat just gave Joe a green light to call-off the visitation anytime Jose feels like it."
It appears that Pat Sullivan gave Jose the right to ignore the court order and abuse Nathan by not letting him eat at visitation.
12/27/97 Visitation started at 12 noon. At 12:05 Nathan told Bensch about his summer vacation and they were going to visit Jose's relatives. Jose has been seen giving Nathan cold stares when Nathan tells Penny's plans. Penny did not know that Walter already knew of her plans to move with Nathan to Florida. Some of her friends were shocked at what she was doing to Nathan and Walter.
12:10 Nathan said he really didn't try to commit suicide. He was sorry he said it. Bensch said that there were marks on Nathan, and Nathan would be concerned too if Bensch said he had tried to commit suicide. Jose called Nathan over to him and THEY LEFT.
Nathan learned from a previous visitation that he has no choice or say at visitation. As Penny’s daughter told Walter, "Daddy, I have to do what I have to do to survive."
01/10/98 Deputy Martinez, "At the end of the visitation when Nathan was hugging everyone and saying his goodbyes, Jose Mattos made a statement. "Now, that is the way it should be, no intimidation!" I felt that the statement was odd coming from Jose. In my opinion, Jose has been the intimidator in all the visits that I have been at. "
05/23/98 While looking at Jose, Nathan said he was afraid to ride on Bensch 's shoulders. For at least the last seven visitations, Nathan had wanted to ride on his father’s shoulders. Two weeks agoBensch carried his stepdaughter on his shoulders during the last visitation. She weights approximately three times what Nathan weights. All three had fun and Nathan had never been afraid. Bensch told Nathan, "Start thinking for yourself, you and I both know that you’re not afraid of falling off my shoulders. You have seen me carry Katherine on my shoulders in the past, and surely if I can carry Katherine, I can carry you."
Deputy Martinez wrote, "As soon as Walter said that, Jose said, "OK Nathan it's time to go." Nathan complied immediately, went to Jose and without being able to say goodbye to anyone, was escorted out of the building. After being there on a regular basis, and being a father myself, I can only wonder what kind of impact this might have on Nathan when one minute he is enjoying his visitation with his father and the next minute he is being told he has to leave."
09/26/98 Police Chief Jack Schieffer said, as he was looking at Jose, that something needs to be done because this type visitation was not conducive to Nathan’s wellbeing.
10/10/98 12:55 Jose makes Nathan and Bensch play in the north end and only the north end of the foyer. Nathan said he was getting tired of this.
11/28/98 2:00PM: Bensch asked Nathan if he knew how many more visits until Nathan turned ten.
Nathan said he did not want to turn ten.
Bensch: Why don't you want to turn ten?
Nathan: I do want to, but something bad will happen.
Nathan: Something bad is going to happen.
Bensch: You can't tell me?
Nathan: Yes, but I don't want to.
Bensch: Something illegal?
12/12/98 12:30 Walter Bensch asked Nathan what he wanted for his birthday, loud enough for Bensch’s body guard to hear, but Jess had to harass Walter by getting out of his chair, standing behind Nathan and Walter, acting as if he cannot hear.
1:25PM: Bensch: What is going to happen when you turn ten?
Nathan: You are going to be arrested.
Bensch: Am I going to be falsely arrested again?
Nathan: You are going to be arrested again, but not falsely.
Bensch: I can prove I was falsely arrested last time.
(Joe told Bensch to stop talking about it.)
Bensch: Wasn't I falsely arrested last time?
Bensch: Well, that's not what the judge said!
Joe: Nathan, would you get your coat?
1:28PM: THEY LEFT.
On May 22, 1999, the new police chief told Bensch the signs that had been placed on the doors for years were inappropriate. That reduced the free play area in the foyer for five people to play in to approximately 6’ X 12’, an area smaller then someisolation cells in the Wichita County detention center, which are approximately 8’ X 14’.
07/10/99 Jose is taking notes. Bensch looks at Jose’s notes. Jose asks Bensch if he wants to read the notes. Bensch said sure. Jose then tells Bensch how he is going to hell for what was put on the Internet and blaspheming God, and then tells Bensch to go sit down. Bensch asks Jose to explain. Nathan is playing with Katherine. Jose again tells Bensch that he is going to hell, and again tells Bensch to go sit down and that he is not going to warn Bensch again. Bensch asked Jose to explain what part of the Internet was not true. Jose then tells Nathan it is time to go and THEY LEAVE at 12:11 PM (11 minutes into visitation) because Bensch would not sit down when Jose told him to.
08/14/99 Jose and Bill Payne, Penny's brother, placed their chairs where they wanted to, on the south side of the double chair. Bensch places the double chair in the foyer on foam rubber to act as a barrier, preventing matchbox cars from "illegally" entering the south end of the foyer.
08/28/99 The double chair was in approximately the exact location as during the last visitation. When Jose arrived, he said the double chair had to be moved. Jose does this to harass Bensch and to show everybody who is in complete control. Bensch knows from past experiences that all he has to do is move the double chairs one-inch to satisfy Jose. That one inch means Bensch has to redo the foam rubber under the chair legs. Bensch asked why the chair had to be moved when it is in the same location as the last visit, instead of obeying immediately.
Jose tells Nathan to come on, it’s time to go. Bensch told Nathan he did not have to leave and to give Bensch a hug. Nathan started to give Bensch a hug, looked at Jose, and decided it was not in his best interest to give Bensch the hug, and started to go around Bensch. Bensch reached out and hugged Nathan telling him he (Bensch) realized that Nathan had to do what he had to do to survive.
As Jose was leaving, four PD officers arrived. Jose has no fear whatsoever of being found in contempt of court. He has stated in the past that the court order means nothing, what he says goes. Jose said Nathan would not be back for any future visitations. The police officers allowed Jose to REMOVE NATHAN FROM VISITATION at 12:05 PM instead of enforcing the court order and telling Jose to sit down and allow Bensch his court ordered visitation.
Nathan enjoyed his visits with Walter while enduring all the pain and suffering. Video cameras recorded a little boy’s love for his father and the good times they had under a "no win situation."
Nathan considered Walter his father and daddy. Nathan referred to Jose as Joe-dad. He spontaneously colored four cutout paper dolls with crayons. All four were lined in a row, holding hands. He identified himself as the doll between Walter and Walter's present wife.
Some of the spontaneous remarks Nathan made to verify his good times are;
09/27/97 2:52 PM Nathan said he wished he could stay until 4:00.
11/08/97 2:51 PM Nathan said he wished it was 12:51 instead of 2:51.
02/28/98 2:43 PM Nathan said, "Times going as fast as a speeding bullet."
10/24/98 1:00 PM Nathan said he could not believe it had been an hour, he was having a good time.
Bensch has been trying to get contempt of court charges filed against Penny. He has been informed that contempt charges mean nothing in some courts. If it took Bensch approximately four months to get a suicidal case to court, how long will it take to get contempt of court cases into the court?
09/11/99 NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 99-090907) No calls were ever made to Walter or the Wichita Falls Police Department’s front desk concerning Nathan's not coming. Walter waited from before 12:00 noon until after 3:00 PM. The court order reads, "Penny Lou Mattos is ordered to produce the child (Nathan) at the Wichita Falls Police Headquarters,… at the start of each period of visitation."
09/25/99 NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 99-092179) No calls were ever made to Walter or the Wichita Falls Police concerning Nathan's absence.
At approximately 11:44 AM on 09/25/99, Walter Bensch asked the officer at the front desk to unlock the door at the south end of the foyer so he could get the chairs from the back to set up for visitation. The routine for the last four years is to get chairs from the back to sit on during visitation, and then return them after visitation. (Bensch brings a table from home on which to play games. He then places the chairs borrowed from the break room around the table.) Bensch was informed that neither he nor anyone concerned with the court-ordered visitation would no longer have access to the restrooms, water fountain, drink machine, snack machine, or chairs.
Anyone and everyone who wants a copy of an offence or traffic report is allowed access to the restrooms, etc. Bensch is allowed immediate access every time he receives a copy of an offence report. Bensch has an officer take a report every time Nathan is absent from visitations.
10/15/99 At approximately 9:46 AM Bensch entered the foyer of the Wichita Falls Police Department to buy a copy of the offence report he requested on 10/09/99 concerning visitation. The same officer at the front desk who denies him access to the hall leading to the restroom during court-ordered visitations allowed him immediate access to the same hall for a simple offence report. In the span of a few seconds, five civilians went through the "swinging doors" to the hall leading to the rest rooms etc.
One of the nearest places to the Wichita Falls Police Department’s foyer for rest rooms or refreshments is the Arby’s at the corner of Holliday, Fifth, and Sixth streets. Holliday Street at this intersection has all the southbound traffic from highways 287, 281, and Interstate 44 and is under construction for the elevated highways. Thus to use the rest room at Arby’s, a person has to cross highways 287, 281, and the north bound traffic of highway 277. With the construction and confusion, using the rest room is a dangerous necessity.
10/09/99 NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 99-100720) No calls were ever made to Walter or the Wichita Falls Police Headquarters concerning Nathan's absence. Walter Bensch had brought the table and the chairs from home.
10/23/99 NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 99-101995) No calls were ever made to Walter or the Wichita Falls Police Headquarters concerning Nathan's absence. Walter Bensch now brings the table and chairs from home.
To date, the respect of the court order and the enforcement of the law mean zilch to some citizens. And then there are those who are so defiant of the law that they openly state the court order means nothing to them, they are above and make the laws, and what they say goes, and it appears
NO ONE IS HELD ACCOUNTABLE FOR THEIR WORDS OR ACTIONS.
Walter Bensch finally stood up for himself and his rights. He disobeyed Penny in 1992; he made the big mistake of retaining a lawyer. She has been trying to destroy him directly every since, and indirectly by destroying his loved ones. The plans were well conceived. The last plan Bensch knows of at this time concerns the visitation with his son.
The Court Order concerning visitation allows, but clearly states that neither Penny, Jose, nor anyone representing her family is required to be at visitation. It also allows visitation at any location Penny and Walter agree upon. Penny not only restricts visitation to the foyer of the Wichita Falls Police Department, she also restricts it to the north end of the foyer.
The court ordered visitation was well conceived to have negative psychological effects on all involved. It gave her the opportunity to design visitations to be mentally and physically impossible to achieve, if she so desired. She did. When a child says he has had no breakfast is not allowed to eat until after 3:00 PM, the
pain in his stomach is intended to be associated with his father.
The psychological effects of visitations that allow
Walter Bensch did not go to prison. However, his ex-wife succeeded in getting his job and his badge, having him arrested, ruining him financially, destroying his good reputation, and severely damaging his relationships with his two children whom he loved and still loves very much. This has been a very high price for Ex-Deputy Walter Bensch to pay.
The innocent high school girl who was falsely accused of being pregnant in an incestuous affair (with Bensch) will never forget the experience. She was very athletically inclined and her abdomen was as flat as a pancake. Later medical specialists gave numerous written reports that she was still a virgin. Who was the creditable witness making such a false accusation, embarrassing the young girl, and further damaging Bensch?
One counselor stopped Bensch while he was relating the experience and said the Pope needs to be notified immediately. The counselor could not comprehend how the mistakes occurred.
SO WHAT DOES THIS MEAN?
Every man reading this site should realize that
BENSCH SAYS HE RECOMMENDS THAT IF ANYONE IS ADVISED BY THE AUTHORITIES TO LEAVE TOWN (AFTER A FALSE ARREST), DO IT, AND IF THE PERSON THINKS HE CAN FIGHT CITY HALL, TRY IT LONG DISTANCE.
Walter Bensch did not leave. Is it incidental that Bensch is occasionally followed by unmarked police cars?
He now lives with the constant fear of being "set up again", or worse. For his own protection, he has someone with him basically 100% of the time, and someone monitoring his location at all times.
The more retaliation a person is allowed to inflect, the more they will inflect. It is just human nature.
How many lives are going to be cut short because of undue stress concerning crimes that were never committed?
The office of the Attorney General’s job is to assure child support is paid at least once, but who assures peaceful visits with the children the child support is being paid for?
Walter Bensch ponders: Our country was built on the premise that a person is innocent until proven guilty. What is happening to our nation’s procedures? Is there an avenue to ensure that, without an emergency, a search is by the permission of the owner of the home or that a search warrant be served? How can awareness be developed by law enforcement officials in divorce procedures to show there is often spite and untruthfulness designed only to hurt an ex-spouse?
This web page was last updated October 31, 1999, Halloween. More documentation and facts are in the process of being added to this site.
11/13/99 NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 99-111039)
11/27/99 NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 99-112127)
12/11/99 NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 99-120896)
Walter has not been allowed to see Nathan for over four months, except for the five minutes of chaos on 08/28/99. They have had no contact of any type.
December 25, 1999, Christmas Day
12/25/99NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 99-121956)
01/08/00NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 00-010577)
01/22/00NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 00-011707)
02/12/00NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 00-020964)
02/26/00 NATHAN WAS NOT ALLOWED TO COME TO VISITATION. (case # 00-022085)
06/10/00 NATHAN HAS NOT BEEN ALLOWED TO COME TO VISITATION and Walter has not been allowed to see him since 08/28/99. Walter still abides by the "unconstitutional," "no win situation" court order and keeps his 2nd and 4th Saturday visits at the Wichita Falls Police Department on a regular basis.
06/18/00 Father's Day.The only way Walter even knows if Nathan is alive or dead is through contact with Penny's friends.
06/19/00 Nathan's birthday.Nathan was born 11 years ago today.Walter prays that Nathan is 11 years old today.
During the late afternoon of October 18, 1995, a number of assurances and reassurances were given to Walter Bensch.One of those assurances was that visitation would be back to normal after a few visits at the foyer of the Wichita Falls Police Department.Also the court order would be completely void after 06/19/99, the date of Nathan's tenth birthday, and visitation would return to the standard state ordered visitation.
Not much has changed.Anyone that visits the foyer of the Wichita Falls Police Station with Walter that needs to use the restroom or get water has to cross heavy detoured traffic to get to Arby's."Ofthe 10 most dangerous intersections in Wichita Falls during the month of June, the top three are all centered around the construction of the elevated highway running through downtown,"according to a front page story in the Wichita Falls Times Record News, published on July 6, 2000.
Walter still pays child support on time and Penny Mattos still cashes the checks.He has someone monitoring his location at all times and someone is with him basically 100% of the time.He has not had liability insurance on his truck since February 1996 and has not driven it on a city street or road since that date.Walter has kept his truck because he promised to give it to Nathan after Nathan got his drivers license.
Leo Tolstoy was once asked, "When will justice come?"He answered, "When those who are not injured become as indignant as those who are."
A special thanks goes out to those indignant acquaintances who have common sense, are willing and are concerned enough to get involved and do their part to insure justice comes for those who are injured and served to those who caused the injury.Without those caring people, Walter would not even know if his son were alive, much less to Nathan’s state of mind with all that has happened.
Please keep the information and documentation flowing.Please continue to call, mail, and e-mail Walter Bensch at Walter@bensch.org.