Janklow makes first court appearance

By Carson Walker, Associated Press Writer | Wednesday, September 03, 2003

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FLANDREAU — On a day other members of Congress returned to Washington from their summer recess, freshman Rep. Bill Janklow stood before a judge Tuesday on charges that he caused an accident that killed a motorcyclist.

Janklow faces four counts, including second-degree manslaughter. He asked for a preliminary hearing, which was set for Sept. 25-26 in Flandreau, Janklow's boyhood hometown.

The first-term Republican was on his way home to Brandon on Aug. 16 after a stop in Flandreau and was going 71 mph in a 55 mph zone when the 1995 Cadillac he was driving went through a stop sign at an intersection and collided with a Harley-Davidson driven by Randy Scott of Hardwick, Minn., according to authorities.

Scott, 55, a Vietnam veteran, farmer, trucking-business owner and volunteer firefighter, died at the scene. Janklow hurt his head and right hand and is still recovering.

He needed some help Tuesday walking up the courthouse steps.

"He's not himself," Jank-low's son, Russ Janklow, told reporters. "Can't you tell that by looking?"

Late last month, Janklow's doctor said the congressman needed a couple more weeks of rest from bleeding into his skull. He reportedly has suffered severe headaches since the crash.

Moody County State's Attorney Bill Ellingson filed a complaint Friday against the former governor and attorney general that includes one felony charge and three misdemeanors. If convicted, Janklow could get a maximum sentence of 10 years in prison and a $10,000 fine for second-degree manslaughter, a year in jail and a $1,000 fine for reckless driving, and 30 days in jail and a $200 fine for speeding and failure to stop.

Circuit Court Judge Rodney Steele allowed Jank-low to remain free on a personal recognizance bond.

The hearing lasted less than five minutes.

One of Janklow's lawyers, Ed Evans, did the talking for Janklow, who did not speak. Evans requested a preliminary hearing on reckless driving and second-degree manslaughter charges. The judge deferred a plea on the traffic violation for a later date.

The preliminary hearing will take two days. "We should probably allow a second day," Ellingson, the only lawyer to represent the state, said.

Janklow, who turns 64 on Sept. 13, served four years as South Dakota's attorney general in the 1970s and four terms as governor from 1979 to 1987 and again from 1995 to 2003.

During his final term, he was the nation's longest-serving governor. Janklow was elected to fill South Dakota's only U.S. House seat last fall.

Janklow supporters yelled at reporters Tuesday, saying they had no business being at the courthouse.

Jeanie Stahl, who owns Family Pharmacy and Gift Store, put a big "We Still Love Bill" sign on the back of her Main Street business so reporters could see it from the courthouse a block away. The news media have not treated Janklow fairly, she said.

One supporter with a "We Love Bill" sign on her SUV drove around the courthouse before the court session.

An adult and several children milled around the courthouse lawn over the lunch hour, wearing what appeared to be baseball caps from a Janklow campaign.

Bill Gilbert of Flandreau, a member of the Flandreau Santee Sioux Tribe, said he believes the charges against Janklow are fair.

"Let the judicial system work. What's fair for one is fair for everybody," Gilbert said.

The House Ethics Committee will automatically investigate if Janklow is convicted of a felony. Charges alone do not trigger a probe, although the committee can launch one in some cases.

The committee's rules say representatives who plead guilty or are convicted of a crime that carries more than two years in prison can't vote in the chamber until his or her record is cleared or until re-elected.

In other words, Janklow could stay in Congress but wouldn't be able to vote.

If Janklow were to resign, fellow Republican Gov. Mike Rounds would call a special election within three months.