=> Murderous Scumbag Janklow tries Twinkie Defense ...!

=> Murderous Scumbag Janklow tries Twinkie Defense ...!

"=> Vox Populi ©"	12/1/2003 11:40:04 PM
Janklow Advances Medical Defense Diabetic Reaction Marred Judgment in Fatal Crash, Defense Tells Jury By T.R. Reid Washington Post Staff Writer Tuesday, December 2, 2003; Page A02 FLANDREAU, S.D., Dec. 1 -- Rep. William J. Janklow (R-S.D.) was speeding and ran a stop sign when his Cadillac struck and killed a motorcyclist in August, Janklow's attorney conceded in court Monday, but the defense argued that the congressman should not be convicted of felony manslaughter because he was suffering a diabetic reaction at the time of the crash. On the opening day of a trial that could send the 64-year-old Janklow to prison for 10 years -- and end his storied political career -- defense lawyer Edwin Evans told a jury in this quiet prairie town that Janklow "was mixed up. He was confused. . . . This was very likely an episode of low blood sugar due to his diabetes." But prosecutor Roger Ellyson told the jury that "that important person in that important-looking car" raced through the stop sign, at a rural intersection he knew well, with "reckless disregard" for the life of anyone else on the road. Ellyson said Janklow assured medical personnel minutes after the crash that his blood sugar was "fine." By focusing on the medical defense, Janklow's legal team essentially admitted two misdemeanor charges against him -- speeding and running a stop sign -- in the effort to win an acquittal on the felony charge of killing motorcyclist Randolph Scott, a 55-year-old Army veteran. A vehicular manslaughter conviction requires proof that the driver showed "conscious disregard" for the danger he caused. Beyond the possible prison term Janklow would face if convicted, House rules say a convicted felon should not vote in committees or on the floor. By overwhelming margins, South Dakotans have told pollsters that Janklow should resign immediately -- he is the state's only House member -- if he loses his vote. A special election would then be held. Democrat Stephanie Herseth, who ran a surprisingly close race against Janklow in 2002, has announced that she will run again. She would be the early favorite to take the at-large seat, which has been in Republican hands since 1996. Defense attorney Evans said Janklow took his normal insulin injection on the morning of Aug. 16 but failed to eat anything afterward during a busy day of political meetings interspersed with long drives. "That is the classic combination for bringing on an attack of hypoglycemia," or low blood sugar, Evans argued. But prosecutors said the real cause of the crash was Janklow's driving. Ellyson said he will introduce evidence showing that Janklow sped through the same stop sign in the same Cadillac eight months before the accident, barely avoiding an accident that time. Janklow has had more than a dozen speeding tickets and at least eight accidents in the past 10 years, state records show. District Judge Rodney Steele has ruled that his driving record is not relevant to this case and cannot be revealed to the jury. But in this tightly knit rural community, almost everybody seems to know of Janklow's penchant for speed. Before the opening arguments late Monday afternoon, the lawyers struggled for hours to find 13 Moody County residents who can be objective jurors about Janklow, the hometown politician who went from Flandreau to four terms in the governor's mansion and then to Congress. Polls and pundits agree that he is a polarizing figure. "With Janklow, it's love or hate around here," said Helen Daily, who was dismissed during jury selection Monday when she told Steele that she could not fairly judge the defendant. With Janklow sitting silently at the defense table, Evans asked the 90 potential jurors whether they had strong views about the defendant. Scores of hands shot up. "I'm sorry, but I would have a hard time to vote against Mr. Janklow on anything," said potential juror Dean Ekern. "I have known his family since they moved to town in the '30s." Ekern was excused on a motion from the prosecution. "My mind on the case is 'The man was there -- how can he not be guilty?' " said Zona Sanderson. She was excused on a motion from the defense.



"Seawolf"	12/2/2003 2:24:04 AM
"=> Vox Populi " <vox@popu.li> wrote in message news:btWyb.1640$eD2.89528@news.uswest.net... Janklow Advances Medical Defense Diabetic Reaction Marred Judgment in Fatal Crash, Defense Tells Jury By T.R. Reid Washington Post Staff Writer Tuesday, December 2, 2003; Page A02 FLANDREAU, S.D., Dec. 1 -- Rep. William J. Janklow (R-S.D.) was speeding and ran a stop sign when his Cadillac struck and killed a motorcyclist in August, Janklow's attorney conceded in court Monday, but the defense argued that the congressman should not be convicted of felony manslaughter because he was suffering a diabetic reaction at the time of the crash. If he was a poor man, the Left would be screaming that it was the Republicans fault for not providing him with the proper medication........ On the opening day of a trial that could send the 64-year-old Janklow to prison for 10 years -- and end his storied political career -- defense lawyer Edwin Evans told a jury in this quiet prairie town that Janklow "was mixed up. He was confused. . . . This was very likely an episode of low blood sugar due to his diabetes." But prosecutor Roger Ellyson told the jury that "that important person in that important-looking car" Thank God it wasn't and SUV! raced through the stop sign, at a rural intersection he knew well, with "reckless disregard" for the life of anyone else on the road. Ellyson said Janklow assured medical personnel minutes after the crash that his blood sugar was "fine." If he was suffering from a "low blood sugar" condition, then an aptly trained medical person would know that they shouldn't lsiten to any of his excuses........ By focusing on the medical defense, Janklow's legal team essentially admitted two misdemeanor charges against him -- speeding and running a stop sign -- in the effort to win an acquittal on the felony charge of killing motorcyclist Randolph Scott, a 55-year-old Army veteran. A vehicular manslaughter conviction requires proof that the driver showed "conscious disregard" for the danger he caused. If he was suffering from low blood sugar concentration, then it can be argued that he did not have a "concious disregard" for the danger he might cause................. Beyond the possible prison term Janklow would face if convicted, House rules say a convicted felon should not vote in committees or on the floor. By overwhelming margins, South Dakotans have told pollsters that Janklow should resign immediately -- he is the state's only House member -- if he loses his vote. Only IF he looses his vote, nice try at trying to spin it to say that South Dakotans think he should resign no matter what............. A special election would then be held. Democrat Stephanie Herseth, who ran a surprisingly close race against Janklow in 2002, has announced that she will run again. Suprise, suprise................ She would be the early favorite to take the at-large seat, which has been in Republican hands since 1996. Until someone else anounces that they are running. Defense attorney Evans said Janklow took his normal insulin injection on the morning of Aug. 16 but failed to eat anything afterward during a busy day of political meetings interspersed with long drives. "That is the classic combination for bringing on an attack of hypoglycemia," or low blood sugar, Evans argued. It's not just an argument. If true (NOTE THAT I AM NOT SAYING IT IS TRUE, JUST SAYING THAT IF IT IS!) then it is a valid argument. But prosecutors said the real cause of the crash was Janklow's driving. Ellyson said he will introduce evidence showing that Janklow sped through the same stop sign in the same Cadillac eight months before the accident, barely avoiding an accident that time. That should be very interesting. Wanna bet the "witness" (if there is one) is someone who voted against him? Janklow has had more than a dozen speeding tickets and at least eight accidents in the past 10 years, state records show. District Judge Rodney Steele has ruled that his driving record is not relevant to this case and cannot be revealed to the jury. But in this tightly knit rural community, almost everybody seems to know of Janklow's penchant for speed. Before the opening arguments late Monday afternoon, the lawyers struggled for hours to find 13 Moody County residents who can be objective jurors about Janklow, the hometown politician who went from Flandreau to four terms in the governor's mansion and then to Congress. Polls and pundits agree that he is a polarizing figure. "With Janklow, it's love or hate around here," said Helen Daily, who was dismissed during jury selection Monday when she told Steele that she could not fairly judge the defendant. With Janklow sitting silently at the defense table, Evans asked the 90 potential jurors whether they had strong views about the defendant. Scores of hands shot up. "I'm sorry, but I would have a hard time to vote against Mr. Janklow on anything," said potential juror Dean Ekern. "I have known his family since they moved to town in the '30s." Ekern was excused on a motion from the prosecution. "My mind on the case is 'The man was there -- how can he not be guilty?' " said Zona Sanderson. She was excused on a motion from the defense. So if I'm in a convinience store when it is held up by someone else, I must be guilty? Brent



Dragon Doctor	12/2/2003 4:45:56 PM
On Tue, 2 Dec 2003 02:24:04 -0500, "Seawolf" <Seawolf82@comcast.net> wrote: "=> Vox Populi " <vox@popu.li> wrote in message news:btWyb.1640$eD2.89528@news.uswest.net... said So if I'm in a convinience store when it is held up by someone else, I must be guilty? He ran a stop sign, someone died because of it, he's a guilty piece of #@($ and should spend the rest of his miserable life in prison.



"Poop Dogg"	12/2/2003 12:49:45 PM
"=> Vox Populi " <vox@popu.li> wrote in message... FLANDREAU, S.D., Dec. 1 -- Rep. William J. Janklow (R-S.D.) was speeding and ran a stop sign when his Cadillac struck and killed a motorcyclist in August, Janklow's attorney conceded in court Monday, but the defense argued that the congressman should not be convicted of felony manslaughter because he was suffering a diabetic reaction at the time of the crash. On the opening day of a trial that could send the 64-year-old Janklow to prison for 10 years -- and end his storied political career -- defense lawyer Edwin Evans told a jury in this quiet prairie town that Janklow "was mixed up. He was confused. . . . This was very likely an episode of low blood sugar due to his diabetes." But prosecutor Roger Ellyson told the jury that "that important person in that important-looking car" raced through the stop sign, at a rural intersection he knew well, with "reckless disregard" for the life of anyone else on the road. Ellyson said Janklow assured medical personnel minutes after the crash that his blood sugar was "fine." Interesting defense. But most jurisdictions forcibly take blood samples in accidents with fatalities, so that sample should confirm his blood sugar level. I would be willing to consider such a defense if it was proven his blood sugar was too low or even too high. But from what I know, the congressman has an extensive record of poor driving. My father is diabetic and knows when his blood sugar is too low (below about 60) by the way he feels. He starts getting dizzy and sweating and he goes and consumes something sugary which alleviates the problem within 30 minutes. It hasn't happened yet while he was driving, but I assume he would have the good sense to pull over and wait until his blood sugar level rose to a safe level. They might charge the congressman with negligence for failing to do this.



nini_pad@yahoo.com (michael price)	12/3/2003 1:54:59 AM
"Seawolf" <Seawolf82@comcast.net> wrote in message news:<JrOdnbDfJ7yKo1GiRVn-ig@comcast.com>... "=> Vox Populi " <vox@popu.li> wrote in message news:btWyb.1640$eD2.89528@news.uswest.net... and ran the If he was a poor man, the Left would be screaming that it was the Republicans fault for not providing him with the proper medication........ prison Edwin He was his that Thank God it wasn't and SUV! raced through the stop sign, at a rural intersection he road. that his If he was suffering from a "low blood sugar" condition, then an aptly trained medical person would know that they shouldn't lsiten to any of his excuses........ admitted in motorcyclist conviction he If he was suffering from low blood sugar concentration, then it can be argued that he did not have a "concious disregard" for the danger he might cause................. rules say overwhelming vote. Only IF he looses his vote, nice try at trying to spin it to say that South Dakotans think he should resign no matter what............. a will run Suprise, suprise................ She would be the early favorite to take the at-large seat, which has been Until someone else anounces that they are running. the of sugar, It's not just an argument. If true (NOTE THAT I AM NOT SAYING IT IS TRUE, JUST SAYING THAT IF IT IS!) then it is a valid argument. Ellyson stop avoiding an That should be very interesting. Wanna bet the "witness" (if there is one) is someone who voted against him? accidents ruled revealed to to for the is a not potential shot they prosecution. said So if I'm in a convinience store when it is held up by someone else, I must be guilty? Brent If low blood sugar leads to bad judgement and taking his insulin and then not eating leads to low blood sugar he should not have been driving. He is an adult and has to take responsibility for his actions. He decided to drive, knowing what he had done might affect his blood sugar and therefore his driving. If he didn't then he should have known.

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