Janklow sentenced and it ain't pretty

[Glengoyne]

http://www.foxnews.com/story/0,2933,109179,00.html

As the link says he got 100 days. 100 days? unbelievable.

This has almost got to be a case of cronyism(sp?). The guy killed someone with his car. I mean he quite possibly intentionally blew through the intersection, and killed someone.

[Draft Dodger]

well, I'm not sure I think this is that outrageous.

it was an accident.
it has ruined his career.
he appears to be legitimately remorseful.
he's certainly not getting off free - 100 days in jail, and 3 years probation (and no license)

I would like to be able to think that if I ever made a serious mistake like this, I would get a second chance and not be thrown behind bars for the rest of my life.

[Easy Mac]

At least he got a harsher sentence than when Leonard Little killed someone.



In June of 1999, Little was sentenced to 90 days in jail, one-thousand hours of community service, and four-years probation after pleading guilty to involuntary manslaughter in the drunk-driving death of Susan Gutweiler.

[Glengoyne]

Originally Posted by Draft Dodger

well, I'm not sure I think this is that outrageous.

it was an accident.
it has ruined his career.
he appears to be legitimately remorseful.
he's certainly not getting off free - 100 days in jail, and 3 years probation (and no license)

I would like to be able to think that if I ever made a serious mistake like this, I would get a second chance and not be thrown behind bars for the rest of my life.

I dunno evidence was presented during the trial to the effect that in the past he said he always ran stop signs when he was in a hurry. So accident is at least called into question. This time someone was killed to boot. His career is the least of the things he ruined. The article also alludes to a wrongful death lawsuit. I would say that now they have a pretty big bone to put before a jury. I can see it now: "He didn't pay for his actions in the criminal justice system, lets make sure he does pay here"

[Glengoyne]

Dola,

Originally Posted by Easy Mac

At least he got a harsher sentence than when Leonard Little killed someone.
In June of 1999, Little was sentenced to 90 days in jail, one-thousand hours of community service, and four-years probation after pleading guilty to involuntary manslaughter in the drunk-driving death of Susan Gutweiler.

Boy. A guy I went to high school with was sentenced to seven years for that. He did close to four. He was a changed person after that.

[SackAttack]

Originally Posted by Draft Dodger

well, I'm not sure I think this is that outrageous.

it was an accident.
it has ruined his career.
he appears to be legitimately remorseful.
he's certainly not getting off free - 100 days in jail, and 3 years probation (and no license)

I would like to be able to think that if I ever made a serious mistake like this, I would get a second chance and not be thrown behind bars for the rest of my life.

Fuck that. What you have to understand is that this isn't the first time he's behaved in this manner. Is it the first time somebody has died as a result? Yes. From what I understand, however, this man has been ticketed for speeding on multiple occasions.

It gets better, though. We're not talking about doing 75 in a 65, or doing 35 in a school zone here.

We're talking speeds in excess of 100 mph. Not once. Multiple times.

He's on record as saying that he routinely ran stop signs, red lights, etc in the past when he was "in a hurry." He has a history of driving insanely fast, and heretofore, has been utterly unapologetic about it.

Second chance? The man's lucky this is only the FIRST person whose death he's responsible for. If we were talking about a one-time occurrence, he'd never had a black mark on his driving record before, I'd probably be sympathetic. I'd probably say "Yeah, give the man a second chance."

It's kinda like Pete Rose, though. I don't get the sense that he's sorry for his behavior. I get the sense that he's sorry for the result. That he got caught, in other words. If that woman hadn't been hit, I guarantee you he'd still be driving like that.

Hopefully the civil jury (the family is also suing him for damages, I understand) has the balls to throw the book at the guy. 100 days is a pitifully low slap on the wrist. As for the revocation of his license? That it took this long to happen is a travesty of justice.

[Godzilla Blitz]

I'm not sure about the legitimately remorseful part, either. The "diabetes made me do it" defense was a pathetic lie.

http://news.mpr.org/features/2003/12...anklowdefense/

[stevew]

Well, isnt there a rule that basically states Senators/Reps can drive however they want when on "official business."

[Shepp]

I don't think he was remorseful at all. However, justice here isn't going to be from the criminal court it will be from the civil court. The article said that the victim's family has already filed a wrongful death suit. This guy may not be spending much time behind bars but he isn't going to have any money to enjoy his freedom with.

[SackAttack]

Originally Posted by stevew

Well, isnt there a rule that basically states Senators/Reps can drive however they want when on "official business."

And what sort of 'official business' needs to be conducted on the streets of South Dakota at 115 mph...at 1:30 in the morning?

[sabotai]

Hiding dead hookers is part of "official business"...didn't you know that?

[Fidatelo]

Originally Posted by sabotai

Hiding dead hookers is part of "official business"...didn't you know that?

Shit those lucky bastards! I always have to obey the speed limits when hiding my dead hookers. I bet those guys can make up enough time to kill an extra hooker each night.

[Castlerock]

Originally Posted by stevew

Well, isnt there a rule that basically states Senators/Reps can drive however they want when on "official business."

No.

[Castlerock]

One thing to keep in mind is that he was convicted of second degree manslaughter. This is not murder and punishment is not nearly as severe.

That said, this guy got off easy. He will serve his 100 days in a county jail in SD. This is a far cry from prison. Depending on the facility, he could be the only prisoner. In SD, I can easily see this being the case if it's a rural facility. He will also be allowed out during the day to do comunity service. Wow.

[JonInMiddleGA]

Out of curiosity, I went looking to see what the average sentence for similar convictions in South Dakota might be.

Instead of that, I found some interesting quotes from those involved with the case.
http://www.argusleader.com/news/Fridayfeature.shtml

"Yes, very satisfied," Brandee Scott, the victim's 22-year-old daughter, said of the sentence.

Assistant prosecutor Roger Ellyson, who a few minutes earlier had criticized Janklow for "his utter lack of candor," said Steele's ruling was "a fair and reasonable sentence."

I'm not going to try to interpret those comments for anybody (since I'm not sure what to make of them myself), but I thought they were interesting nonetheless.

And before posting, I found pretty much what I was looking for to begin with --
http://www.rapidcityjournal.com/arti...ow/news862.txt

An Associated Press review of South Dakota court records shows most people convicted of second-degree manslaughter get at least some time behind bars.

Forty people have been found guilty of second-degree manslaughter since 1989, according to computerized court-system data. A review shows that 32 of those people were sent to prison or jail.

The average jail term was six months; the average prison term was nearly seven years.

Seven people avoided prison by being put on probation, and one received a suspended state prison sentence because he was in federal prison at the time for another crime.

Several of the court records were sealed, making it impossible to determine the circumstances of those convictions other than the raw data on verdicts and sentences.

But computerized cross-checking of the open files against news stories the AP distributed to its media members since 1995 showed that about half of the convictions involved traffic accidents. Shootings and beatings accounted for the rest.

Sentences for those in traffic accidents ranged from probation to the maximum 10-year prison term, depending on circumstances.

Two cases involved failing to stop at controlled intersections, such as in Janklow's case. One of those convictions yielded a six-month jail term; the other a five-year prison sentence.

[JonInMiddleGA]

Originally Posted by Castlerock

One thing to keep in mind is that he was convicted of second degree manslaughter. This is not murder and punishment is not nearly as severe.

That said, this guy got off easy. He will serve his 100 days in a county jail in SD. This is a far cry from prison. Depending on the facility, he could be the only prisoner. In SD, I can easily see this being the case if it's a rural facility. He will also be allowed out during the day to do comunity service. Wow.

FWIW, his time will apparently be served in the Sioux City jail. Capacity is 400 inmates, current population is around 300 inmates.
http://www.rapidcityjournal.com/arti...ow/news855.txt

[The Afoci]

It is being reported that he will serve 30 days of his 100 day sentence, and the rest will be community service.

[Franklinnoble]

Originally Posted by The Afoci

It is being reported that he will serve 30 days of his 100 day sentence, and the rest will be community service.

And here I was expecting you to make a comment in regards to the dead hookers...

[Glengoyne]

Originally Posted by The Afoci

It is being reported that he will serve 30 days of his 100 day sentence, and the rest will be community service.

Moreso than that. NPR reported last night that the sentence was a suspended sentence. Now that typically(well AFAIK) means he won't have to serve it. Then again they are saying he will serve 30 days of it just about everywhere else. NPR also reported last night that his record will be expunged after he has completed his probation. Un FREAKING believable.

As far as what the D.A. said afterwards, I guess there are just some things I dont' understand. NPR reported that the family had announced prior to sentencing, that they would not be making a statement. The reported did say that when the verdict was announced several of the victim's family members just shook their heads.

I really do hope there is no limit to punitive damages in South Dakota.

[The Afoci]

Originally Posted by Franklinnoble

And here I was expecting you to make a comment in regards to the dead hookers...

Dead hookers really hit home. That was all dad could afford to buy me for prom.