Judge Orders Tom Benson Must Undergo Competency Testing
Judge Kern Reese ruled against Tom Benson’s attorneys this morning (Feb 10), ordering that Mr. Benson must undergo competency testing to verify that the decisions he is making are done so with a clear head.
The heirs (Renee, Rita and Ryan) and the Bensons will each choose a doctor for the medical evaluation. The two doctors will choose a third. The evaluation must be completed before February 13, 2015.
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Randy Smith, attorney for Rita and her family, pushed hard for the medical evaluation in the courtroom.
He stated that if the interdiction were to go to trial that Benson’s camp would have him undergo the same medical evaluation and added that no interdiction in Louisiana had ever been dismissed without medical evidence.
Tom Benson’s attorney, Phil Wittman, rebutted that it was their opinion the motion for an evaluation was “a request for permission to go on a psychiatric fishing trip.” He pointed out how intrusive the evaluation was, but Judge Reese ruled in favor of Rita and her family.
In opening statements, Mr. Wittman explain that the trio of Rita, Renee and Ryan have all had their interest in the Pelicans, Saints, Benson Tower and car dealerships removed. He added that Benson replaced the families’ stock options in the two teams with trust funds of equal value. “Those trust funds are worth hundreds of millions” was the ringer made public.
According to Mr. Benson’s attorney, the heirs never had control over either franchise. Tom Benson reportedly held voting stock and states the heirs were not satisfied with the monetary gains they had attained. He feels “they want control, control they were never given.”
The issue became even more personal as Mr. Wittman’s statements continued, saying the heirs simply don’t like the message they have been given. That message? Tom Benson wants them out of his life.
Judge Reese also stated that he had read the decision in the Texas court over the trust issue. He says that Louisiana will handle the interdiction and Texas will handle the trust case. A Texas judge ruled that Mr. Benson needs assistance managing his assets.
Judge Reese spoke with the San Antonio judge and the TX judge agreed to mind this court’s decision on interdiction.” Judge Reese made it known he intends to see this case to the end. “When you cannot decide what is appropriate, you come to the court and I become a member of the family.”
Several players from both franchises, including Anthony Davis from the Pelicans and Drew Brees from the Saints, have recently come out in support of Mr. Benson and his wife Gayle. While this doesn’t affect the legal battle it has to be comforting to the Bensons.
The owners of the two New Orleans profession franchises have remained involved with the teams since the lawsuit began. Both Tom and Mrs. Gayle have continued to attend Pelicans games and recently sat for interviews with several different reporters and writers as the legal process has continued from the initial filing in December.