Congressman's Driving Record Excluded from Trial

Reuters ^ | 11-10-03

[Brian S]

Mon November 10, 2003 05:45 PM ET

FLANDREAU, S.D. (Reuters) - Prosecutors seeking to prove Rep. Bill Janklow sped through a stop sign and killed a motorcyclist cannot bring up the 64-year-old Republican's poor driving record at the trial, the judge ruled on Monday.

At a hearing ahead of the former four-term governor's Dec. 1 trial on second-degree manslaughter and other charges, Moody County Circuit Court Judge Rodney Steele did allow prosecutors to use a woman's testimony that her vehicle was nearly struck by Janklow's a few months earlier at the same intersection.

Janklow has pleaded innocent to the charges of felony manslaughter, reckless driving, speeding and failure to stop at a stop sign. If convicted on the manslaughter charge, he could face up to 10 years in prison and a $10,000 fine.

If defense attorneys raise the issue of Janklow's driving record -- which includes 12 tickets and several minor accidents since 1990 -- then the jury could hear it, Steele said.

"If during the course of the trial the defendant makes an excuse for speeding or that his decision to speed was not a conscientious decision, then the evidence may become relevant," he said.

Prosecutors have said they expect to call at least three motorists who witnessed the Aug. 16 accident, along with another motorcyclist who was traveling with the victim.

Janklow's son, Russ, said previously his father would not resign from South Dakota's lone seat in the House (of Representatives).

Janklow is a longtime friend of President Bush and has been mentioned as a possible opponent to fellow South Dakotan and Senate Minority Leader Tom Daschle in 2004.

[river rat]

This man SHOULD have pled guilty -- IMMEDIATLY..
Especially with his record...

There is NO DOUBT, that he ran the stop sign and killed the bike rider....

The fact that this arrogant and reckless jackass is attempting to "beat the case"......speaks a lot to his lack of character...

When he is undoubtly found guilty - he should be fired from ALL public offices - thrown into prison and exposed to civil suits by the family of the murdered rider, which I hope are sufficient to impoverish the bastard...

Semper Fi

[xrp]

What crap.

[Michael.SF.]

When he is undoubtly found guilty - he should be fired from ALL public offices - thrown into prison and exposed to civil suits by the family of the murdered rider, which I hope are sufficient to impoverish the bastard...

Just like they did to Ted Kennedy, right?

[Finalapproach29er]

The victim hired the best lawyer (paid for by a collection of bikers)in the state of Minn. to sue this jerk. I'm embarrassed he hasn't resigned. Pubbies should expell him. Memorial service for dead biker was today.

[Finalapproach29er]

victim=victim's family (sorry)

[jmstein7]

Actually, under the Federal Rules of Evidence, from what I've seen, it is pretty standard to exclude such "prior bad acts" as too prejudicial.

[jsbankston]

Janklow is a longtime friend of President Bush and has been mentioned as a possible opponent to fellow South Dakotan and Senate Minority Leader Tom Daschle in 2004.

Not any more.

[ridesthemiles]

Actually, under the Federal Rules of Evidence, from what I've seen, it is pretty standard to exclude such "prior bad acts" as too prejudicial.

That is my experience from the 2 juries I have served on.
One was a burglary case, which also involved threatening a teenager girl who came home to find the burglar. We convicted him in less time than it took to pick a jury foreman. After the trial, the prosecuter told the entire jury that this guy had a rap sheet a mile long-she showed us- but by the rules she couldn't tell us that during the trial. She thanked us profusely, as she had prosecuted him before, unsuccessfully. This was all before the 3 strikes law. Otherwise, this guy would be gone for good. By now, he probably is.

[OneTimeLurker]

"Janklow is a longtime friend of President Bush and has been mentioned as a possible opponent to fellow South Dakotan and Senate Minority Leader Tom Daschle in 2004."

How about HAD been mentioned.

[Newbomb Turk]

At a hearing ahead of the former four-term governor's Dec. 1 trial on second-degree manslaughter and other charges, Moody County Circuit Court Judge Rodney Steele did allow prosecutors to use a woman's testimony that her vehicle was nearly struck by Janklow's a few months earlier at the same intersection.

This is what will sink him. He was cited in this prior incident after police clocked him going 92 MPH.

He should resign NOW!

[Flux Capacitor]

----Janklow is a longtime friend of President Bush and has been mentioned as a possible opponent to fellow South Dakotan and Senate Minority Leader Tom Daschle in 2004.----

Yeah, the same way that Gray Davis was once mentioned as a possible opponent to Bush in '04. (He was!)

Janklow should have resigned long ago.

-Dan

[river rat]

Kennedy was a drunk Irish Catholic Democrat from Mass.....
This poor bastard is only a Republican.....and held to a higher standard...

Semper Fi

[Michael.SF.]

Two corrections to what you said, if I may:

Kennedy was is a drunk Irish Catholic Democrat from Mass..... This poor bastard is only a Republican.....and held to a higherdouble standard...

Thank you for your service, and I hope you are honored on Veterans Day.

[river rat]

I stand corrected!

No one vet I know is looking for "honor"...
We always believed that in spite of the "welcome" we recieved coming home --- the best revenge was to survive and to live well..

I was blessed...and succeeded at both..
To look into your grandchildren's loving eyes, is the only welcome and honor an old man needs...

Semper Fi

[sarasmom]

That does not make it right.
Truth seems not much related to our justice system any more.
It seems the only time past transgressions can be investigated is if one is applying for new employment or a bank loan.
It matters deeply, and is considered legal,fair and needed information to assess future actions.
But past crimes cant be considered when one is actually charged with a new, related crime?
Just not logical!

[sgtbono2002]

As a Motorcyclist i have been keeping up withbthis acse through the AMA (American Motorcyclist Association) There is no doubt in my mind he is guilty and his efforts to beat the case prove he isnt worthy to be representing the public.

[auboy]

It's time that politicians learn that they are not above the law. How many drunks and reckless bigshot drivers are on our streets and highways tonight when their DLs would have been pulled ages ago - if they were Joe Smoe?

I'd like to see the State of South Dakota sued to hell and back, and broken like a piggy bank. If that happened, you'd see the employment figures spike up as politicians and other untouchables were scrambling to hire drivers. Other states would take notice.

Janklow should have been put away decades ago!