Judge dismisses charges against Doug Andrews

Rapid City real-estate agent had been facing bribery and theft charges.

By Journal staff | Thursday, August 14, 2008

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A Rapid City real estate broker accused of bribing a state transportation official might not stand trial for the charges. A judge has ruled the state waited too long to bring its court case against Douglas Andrews.

Sixth Circuit Judge John Brown dismissed the charges Aug. 6 in Hughes County Court in Pierre.

However, Attorney General Larry Long said Tuesday his office is preparing an appeal. "We won't be giving up on that one until the Supreme Court tells us we have to."

A state grand jury indicted Andrews on May 4, 2007, on seven counts of bribing a public officer and one count of grand theft. In a related case, the grand jury also indicted Clayton Sonnenschein with seven counts of solicitation of a bribe by a public officer and one count of grand theft.

The men pleaded not guilty at their initial court appearances.

In August 2007, the state dismissed its charges against Andrews, saying it wanted to try Sonnenschein first and have him testify later against Andrews.

Sonnenschein was in charge of the state Department of Transportation right-of-way purchases along Interstate 90. He pleaded guilty in February to two counts of bribery and agreed to testify against Andrews.

Sonnenschein had received $47,419 from Andrews in return for buying land from Andrews' clients in the Rapid City area, according to court documents. Sonnenschein is required to give the money to the court.

A state grand jury re-indicted Andrews on April 22. He was arraigned on the new charges May 1.

Andrews objected to the state Attorney General's procedural tactic during preparations for the original trial, and defense attorney Robert Van Norman on June 5 asked the court to dismiss the case for violating the 180-day speedy trial rule.

Brown, in citing South Dakota and Pennsylvania cases, said the Attorney General's office failed to prosecute in time, noting the 180-day clock started running May 7, 2007. By Andrews' appearance May 1 on the new indictment, "more than 180 days clearly has elapsed under the law," Brown said.

"We like Judge Brown, but we disagree with him," Long said.

In preparing for the appeal, Long said he anticipates it will be several months before the state Supreme Court justices rule on whether the case resumes.

The Associated Press contributed to this report.