On day five of the Tom Benson competency trial, the Benson family heirs rested their case.  The trial will continue after lunch with the Mr. Benson’s first witness, Dennis Lauscha, president of both the New Orleans Saints and the Pelicans.  The plaintiffs (Benson family estranged heirs) probably have made a motion to compel Benson to testify.  Benson’s lawyer, Phill Wittmann, said Benson will not testify today. This does not rule out Tom Benson’s testifying later in the trial.  Judge Reese Kern has power to delay ruling on the motion to compel Benson testimony until after hearing other defense witnesses. Because Benson is the defendant in the case, the judge may prefer to wait to compel his testimony until end of trial to see if the judge still feels it’s necessary.  The judge will also take into consideration the medical findings of the three doctors.

Today, the testimony of Dennis Lauscha wrapped up.  Trial will resume again Wednesday.  It is expected Gayle Benson will testify next week.