Janklow pleads not guilty to charges

By Denise Ross, Journal Staff Writer | Monday, September 29, 2003

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FLANDREAU — In a strong, crisp voice, U.S. Rep. Bill Janklow, R-S.D., pleaded not guilty Friday afternoon to felony manslaughter and three misdemeanors in the death of Randy Scott of Hardwick, Minn.

Circuit Judge Rodney Steele read the state law that defines second-degree manslaughter as the reckless killing of another human being, and Janklow entered his first not-guilty plea to that charge.

If convicted, Janklow faces 10 years in prison for manslaughter. He is also charged with reckless driving, speeding and running a stop sign, all misdemeanors.

Steele listed the misdemeanor charges separately, and Janklow replied, "Not guilty, sir," after the reckless driving charge and simply "not guilty" to both speeding and running a stop sign.

Janklow has said he has been ailing from a head injury and a broken bone in his hand, injuries he received in the Aug. 16. accident.

Investigators say Janklow drove a Cadillac moving 71 mph through a stop sign at the intersection of two county roads. The south-bound Cadillac collided with Scott's west-bound motorcycle. Scott died instantly.

Flowers placed as a memorial to Scott fluttered in the wind at the intersection of Moody County Highways 13 and 14 on Friday.

State officials have erected one of South Dakota's well-known "Think! Why Die?" signs at the intersection, which is bordered by fields of crops on three corners and a farm place at the fourth.

Steele scheduled a five-day trial to begin Monday, Dec. 1, but motions in the case could delay the start of a trial.

Janklow's arraignment lasted only a few minutes, but the not-guilty pleas determine the course of events in the criminal proceedings against the four-term governor and first-term congressman. Pleas of not guilty are standard when a criminal defendant is heading to trial. Janklow can change any of his pleas at any time.

Now, what likely will be a series of motions hearings will begin. Steele set Friday, Oct. 17, as the deadline for attorneys in the case to file motions, and Friday, Oct. 31, as the deadline for any responses to motions.

Had Janklow pleaded guilty, the next step would have been for the judge to issue a sentence. The not-guilty plea also preserves Janklow's status in Congress. Under House rules, a congressman convicted of a crime that carries a sentence of two years or longer should refrain from voting. Felony convictions also trigger ethics investigations.

The frieze at the back of the early 20th century courtroom where Friday's proceedings took place reads, "Equal and exact justice to all men of whatever state or persuasion religious or political," and members of Scott's family took note of the message.

Family members did not plan to issue a statement about Janklow's not-guilty pleas, they said. Members of the Scott family met with prosecutor William Ellingson after Janklow entered his pleas. 1

On Monday, after Janklow held a news conference, Scott's mother, Marcella Scott of Hardwick, issued a statement saying she had hoped he would reveal more information. A family attorney has said Janklow has had no contact with the Scott family and, on Friday, there was nointeraction between Janklow and his supporters and Scott's family in the courtroom.

Outside the courthouse, American Indian protesters held signs denouncing Janklow and chanted, "No justice, no peace."

Robin Bair of the Yankton Sioux reservation said Congress should "remove Mr. Janklow immediately ... so we can start healing as a state.

"Our heart goes out to the Scott family. We pray for them every day Janklow walks the streets," Bair said. "The main reason we are here is for our children and all the damage he's done to our juveniles."

Bair's wife, Frances Zephier, shouted to passers-by and reporters. "No longer will we be represented by a bully," she said.

At Janklow's initial appearance Sept. 6, supporters of the congressman held their own signs and cheered and encouraged him. At his Monday news conference, Janklow said he wished his supporters had been less enthusiastic. The criminal-justice system, he said, "doesn't work in a Roman arena."

Janklow did not answer reporters' questions Friday.

Others were at the courthouse Friday to simply observe. Everett and Eudora Zeller of Flandreau said they have been following the case and attended Janklow's initial appearance but aren't taking sides in the case. "It's a difficult case. I'm glad I'm not involved," Everett Zeller said.

The two are retired teachers who lived many years in Minneapolis but have retired to Eudora's hometown.

"I've known the Janklows for years," she said.

Despite all the TV satellite trucks and crowd assembled at the courthouse, talk in Flandreau centered more on Friday night's homecoming football game than on Janklow's court appearance. Minutes before his hearing, the high school marching band could be seen in uniform and heard rehearsing a few blocks from the courthouse.

The Flandreau Fliers were up against the Dell Rapids Quarriers.

Contact Denise Ross at 394-8438 or denise.ross@rapidcityjournal.com