WAUKESHA - TODAYS TMJ4 has learned that just days before the fatal car crash Mark Benson had concluded an eight month drug and alcohol counseling program. In fact, court records show Benson got a very positive review from that program. Benson walked into a packed court room Monday to face charges that could keep him in prison for the rest of his life. Prosecutors contend that Benson was driving with a deadly combination of pain pills and anti-anxiety drugs and sleeping pills when he plowed his SUV into the back of a car stopped at a red light. The crash killed Jennifer Bukosky, her unborn child and her 10-year-old daughter. Benson is a former surgeon with a history of drug and alcohol abuse. Both have cost him his medical and driver's licenses. Last week he was convicted drunk driving for the third time. Court records for that case show 9 days before the accident Benson finished an 8 month treatment program. In a confidential letter to the court, the counseling center concluded Benson's "attitude is exemplary" that "he made good progress" and the counseling center director saw "his prognosis as favorable." The letter goes on to say Benson was going to enroll in a relapse preventing program and he was attending AA. So what happened? And where did he get the drugs? We don't know…but this letter from his doctor indicates the former physician was seeing a private pain specialist after a recent surgery. He was prescribed four different drugs, including pain medication and sleeping pills. We do know that Benson was supposed to have a device installed in his vehicle to detect alcohol. We don't know if it was installed, but even if it had been, it would not have detected any drug use.