Justice Janklow style ... etc.

[basketcase]

The following two paragraphs are copied from the related story at the AMA website.

If you wish to read the complete story online, the link at the bottom will get you there.

“Jan. 22 – Former U.S. Rep. Bill Janklow (R-SD), who was convicted December 8, 2003, of second-degree manslaughter and three other counts related to a traffic crash that claimed the life of a Minnesota motorcyclist, was sentenced today to 100 days in the Minnehaha County Jail. Janklow will not have to spend time in the South Dakota State Penitentiary, and he could be eligible for a work-release program after 30 days in jail.

On Saturday, August 16, motorcyclist Randolph Scott of Hardwick, Minnesota, was killed in a collision with a car driven by Janklow. The fatal crash took place at the intersection of two county roads in eastern South Dakota. Reports released by investigators indicated that Janklow's car, traveling at speeds estimated at more that 70 mph, did not stop at the stop sign and continued into the path of the motorcycle, giving the rider no chance to avoid the fatal collision.”

http://ama-cycle.org/news/2004/janksent.asp

I have some questions on my mind that have not quite gone away.

First, what type of signal does this send? Does this imply a hand slap is adequate for any elected official who decides his destination and political presence outweigh the life of another motorist? Perhaps so, perhaps not. But it sure smells as it pertains to South Dakota.

Next, I can’t help but wonder how this might have shaken out if the circumstances were different. What if a migrant worker, or a tourist passing through, had run the stop sign and taken out the gentleman in question? Would the verdict have been 100 days and the felony erased for good behavior? I doubt it.

We have to deal with things the way they are and not as we imagine they might have been. So it is impossible to do anything other than speculate about how it might otherwise have worked out. But I have a bad taste in my mouth over the situation all the same.

Personally, I am not a group type of person, and the idea of going to Sturgis with umpteen zillion half-drunken motorcyclists roaring about does not appeal to me. But like a lot of other “places to see before you die,” I had it on my list – until now. I may yet one day pass through the place, but if I do it will be ever so cautiously.

[widebmw]

What do you do when his riding buddy says this- (from cnn.com)

>But a friend of Scott's who was riding motorcycles with him on the day of the accident, Terry Johnson, testified for the defense Thursday. He urged the judge not to impose a jail sentence on Janklow.

"I expected no jail time, so I was somewhat surprised that there was 100 days given to him," Johnson said after the hearing. "I think that's a just sentence. I think it's probably a little excessive, given his background. ... I think that he could do more good doing some community service to our young people just learning how to drive."

John

[basketcase]

You hope that the Judge has good sense, whether the witnesses do or not, that's what.

The mindlessness of the people paraded before the jury -- for both sides, does not change the reality of what took place, IMHO.

[BradfordBenn]

Nuts and Bolts
Nuts and Bolts
Motorcyclists Got Screwed

The maximum sentence he could have received: 10 years
The sentence he received: 100 days about 3% of the max
The sentence he will probably serve due to "good behaviour": 50 days or 1.5% of the max.

I have just finished my routing to the rally and am going around South Dakota.

[Ironhorsecowboy]

This is typical justice for all of these crooked politicians and judges we now have in office. I have been keeping up with this story and Janklow had enough traffic violations to look like a grocery list. He should be Jailed for Vehicular Homicide and removed from his elected position. He is an extreme danger to anyone in his path and should never drive again when he gets out of jail (say 15 years). That's probably not long enough for the family who lost their loved one. I would bet if I were the one who had killed the cyclist I would be in prison for a long while. The sentence just SUCKS!! and says a lot about the injustice in that state.

[dlearl476]

>Next, I can’t help but wonder how this might have shaken out if the circumstances were different. What if a migrant worker, or a tourist passing through, had run the stop sign and taken out the gentleman in question? Would the verdict have been 100 days and the felony erased for good behavior? I doubt it.


I don't know. I think motorists are let off pretty light for hitting/ hurting/killing motorcyclists in general. I'm sure all of know of a case of "I just didn't see him/her" motorists being let off without even a citation for a left turn in front of a motorcyclist. Which reminds me, what ever happened to the woman who hit/killed the rider who was PARKED in the emergency lane while talking on her cell phone speeding past stopped traffic on the freeway? Probably not much more than Janklow. Last time I heard, the court date was postponed again because too many motorcyclists showed up at the courthouse. The defense attorney was apparently waiting for the furor to subside.

BTW, a fellow on another MC message board suggested boycotting Sturgis this year in protest. I think it's a great idea. The financial impact would be huge on South Dakota. I KNOW I won't be going.

[BradfordBenn]

Below is the letter I faxed off tonight....
Governor M. Michael Rounds

500 East Capitol Ave.
Pierre, SD 57501
via Fax: (605) 773-4711

Dear Governor Rounds:

I am writing to express my disappointment with the sentence Bill Janklow received. While the ultimate price has been paid by a motorist who was following the law, Janklow received a mere slap on the wrist in terms of sentencing. What he has done and the diabetic plea is such that I no longer deem him worth the respect of the term Mister.

In four years between 1990 and 1994, Janklow received twelve speeding tickets. Since that period of time, he was elected to the office of governor for the third time and has never received an additional speeding ticket. The appearance of impropriety is so large that equal enforcement of the law does not seem to exist in South Dakota.

An Associated Press review of South Dakota court records dating back to 1989, 80 percent of those convicted of second-degree manslaughter have been sent to jail or prison. Average jail time was six months, and the average prison term was almost seven years. Janklow’s sentencing seems to be a far cry from these amounts, especially giving his habitual reckless driving.

Many in the motorcycling community are proposing a boycott of the state of South Dakota. I am considering that as well. I realize Judge Rodney Steele of Moody County Court in Flandreau, SD is the person who passed sentence in the case not the people of South Dakota. The item that has prevented me from deciding to not avoid South Dakota is that the people of the state are responsible for the lack of minimum sentences.

Without these guidelines in place, equal justice for all shall not be served. The range of possible options for the judge in this matter was anything from no jail time and no fines up to eleven years and two months behind bars and $11,400 in fines. The fact that the total sentences were 100 days and 30 days served concurrently makes me wonder about the fairness of the legal system in your state.

At the moment I have two vacations on motorcycle planned for the summer with stops and travel in South Dakota; those plans are being reviewed.

Sincerely,

Bradford Benn
BMW Motorcycle Owners of America Member
American Motorcyclist Association Member

[Cliffy777]

kind of guy, there is no way I would go this year. Messages to wallets many times get conveyed much quicker than other forms. I can only hope some solidarity for the rider killed will make thousands of bikers re-think any plans of visiting Sturgis.
Cut the funds off from the hotels, motels, bars, restaurants, etc. etc. and the governor of SD will get more "messages".
That being said, Good on you BB for following through with your convictions.

[1flyer]

Overheard a conversation yesterday between two guys yesterday in Lowes. One was a HD rider and was telling his friend how he wasn't planning on Sturges this year. We talked for a while. Seems the Harley guys may really be putting out the word that Sturges is a no show. It will be interesting to see how far this goes.

[Rich]

Count me as one not going this year to Sturgis. The verdict is ridiculous.

[MarkF]

Before you form an opinion do some research. I know nothing about that part of the country. But, I do know in the south people routinely get years in jail for similar offenses. On the other hand here in Connecticut people routinely do no time for similar offenses and might get such light jail time for stabbings!

Should everyone, everywhere get a few years in jail for killing someone while DUI? I think so. But, that's not the question here. The question is if this guy got a sweet deal. I don't know the answer to that.

MarkF

[BradfordBenn]

Originally posted by MarkF
Before you form an opinion do some research.

I used the research done by the Associatted Press. I feel that he got a slap on the wrist given the sentencing average of six months jail time or seven years in prison.

[lancew]

If this had been an accident of the "I never saw him before I turned in front of him" variety, it would still be horrible but I could almost live with the sentence. IMHO the word "accident" doesnt' even apply. Janklow wasn't just being negligent, he was being willfully reckless and knew that he could easily kill someone. For pete's sake, he almost hit a family in Dec '02 while he was running that same stop sign.

Janklow is a repeat offender who had plenty of warning but just doesn't care. A long sentence wouldn't bring Randolph Scott back, but the idea of Janklow able to go back to his life this quickly just makes me sick.

Wonder if the sentence would have been the same if the near-miss had been with Scott's Harley and the fatality would have happened to that girl with her kids in the pickup?

[Scootertrash]

If I was the judge deciding Janklow's fate, how would I proceed? Let's see, first; after an appropriate sentence, let's say, 100 days. Janklow would lose his privilege in operating a car and/or truck for the rest of his days.

As a judge, I would give Janklow a chance for redemption. If Janklow wants to operate a motorized vehicle. He would have to complete and successfully pass the MSF course. The only vehicle he'd be allowed to drive would be a motorcycle. If he gets caught driving a car, I'd give him five years for the first offense. Then he can decide whether he wants to be the husband or the wife with his cell-mate.

In some alternate universe, that scenario is being played out....

[kbasa]

Despite the short jail term, this guy has lost his job and the effects on his life and well being will continue at least as long as a jail sentence would have.

That said, I'd still rather see him sitting in a concrete block room somewhere for a few years.

[oldcarkook]

This is a lose/lose situation no matter how you look at it.

No doubt that the politician used his connections to try to effect the outcome.

No doubt that the unsuccessful diabetic shock plea fell short.

No doubt that he will never admit what he actually did and why he did it.

I'd have to sit through the trial and hear all the evidence to know what's appropriate. Seems to me that 100 days of mowing grass in front of the minimum security prison is cheap payment for the loss of an innocent human life.

He lost his job? BFD! He should have! He should lose a lot more than his job. The brief exerpts of the trial and closing tesimony by the prosecution would lead you to believe he drove like a homesick angel to begin with and "playing russian roulette" with his big Caddy.

According to the link above, the prosecution had to prove that he had diliberately sped through the stop sign to get the second degree manslaughter conviction. He did it KNOWING he was doing it. An EMT who responded to the scene who is also diabetic testified that Janklow showed no signs of low blood sugar and advised the EMT his sugar was ok.

All of this to me just says what most of the others have said: Motorcyclist get's killed; politician get's slap on wrist.

This stinks of "the fix" and it disgusts me. Seems that a boycott is a good start. Also, a few million letters to the judge might make the point more clear too.

[riderR1150GSAdv]

I hate to see the people of South Dakota lose out financially because some moronic judge got bought off but I am not going to Sturgis at all this year, or any other year.
It seems that $ 11400,= in fines and 30 days in jail is the going rate in that state for a motorcyclist's life and I 'll be damned if I spent one penny in a state condoning this type of "trade".
A slap on the wrist is all that a$$hole got. His previous driving record speaks volumes about his recklessness and inability to drive. I wonder what sentence would have been imposed if he had not been a "prominent":banghead member of society, but an average john doe??
I am sure it would have been more than 30 days.

[ian408]

First of all, no one of average community stature would have
received that sentence.

And while he may have lost his job, he has friends and will
likely practice law again once his probation is over and his records
sealed. His loss is temporary. The life lost is permanent.

As I've said before, a condition of his parole should
have been a mandatory MSF class and the remainder of his
parole served riding a motorcyle or taking public transportation.
No car. No driver. No taxi cabs. Ride the bike or ride the bus.


Ian