|
02/23/2005 (http://www.keloland.com/News/index.cfm?NewsSet=37982&Button=Next)
Zimmerman Pleads Guilty In Yankton Fatal Accident
The second of two men charged in connection with the killing of a bystander in Yankton has changed his plea and will avoid a trial.
Jeremy Zimmerman of Sioux Falls pleaded guilty Tuesday to second-degree manslaughter and hit and run resulting in a death. In exchange, more serious charges were dropped.
Zimmerman could get up to 12 years in prison when he's sentenced.
He was driving a car May 16th that struck Brian Pokorney of Yankton, who died a day later. Zimmerman's
passenger, Jay Schild of Yankton, was earlier sentenced to six months in jail for not reporting the accident.
02/24/2005 (http://www.keloland.com/News/NewsDetail4514.cfm?ID=22,38007)
State Supreme Court Denies Janklow Appeal
A jury said he was guilty of second degree manslaughter and reckless driving. Now the South Dakota Supreme Court says former Congressman Bill Janklow's conviction should stick.
August 16, 2003, 55-year-old Randy Scott died when his motor cycle collided with the Cadillac Bill Janklow was driving, near trent. Accident reports say Janklow was speeding and ran a stop sign.
A jury found the former governor and congressman guilty of second degree manslaughter and reckless driving. And, a Moody County judge sentenced Janklow to 100 days in jail.
Janklow's attorney's appealed the conviction to the South Dakota Supreme in hopes of clearing Janklow's record. The high court denied that appeal.
In his appeal, Ed Evans argued Janklow didn't get a fair trial because there wasn't enough evidence to support a guilty
verdict. But the State Supreme Court says there was sufficient evidence that Janklow was aware of, yet disregarded the risk of an accident occurring as a result of his conduct.
Evans also argued the jury didn't get proper instructions about Janklow's medical defense relating to his diabetes. The
High court found "as a whole they are an accurate statement of the law and inform the jury".
Janklow's attorney's argued the jury heard testimony about Janklow's driving history they shouldn't have been allowed
to hear. The Supreme Court ruling says Janklow's attorneys "did not show the trial court abused it's discretion in admitting these two prior acts."
Evans also argued statements prosecutors made in closing arguments were improper.
Judge Severson writes, "Janklow fails to show the prosecutors closing arguments were so prejudicial that they resulted
in a denial of due process."
Taking all those things into consideration, Judge Severson writes "we believe that Janklow did receive a fair trial."
Janklow's Attorney Ed Evans declined comment on the ruling, Bill Janklow, and his son Russell did not return our calls today.
You may recall five Circuit Court Judges heard Janklow's appeal because all five Supreme Court Justices disqualified
themselves because they had all been appointed to the bench by Janklow during his 16 years as Governor.
Supreme Court Ruling
What’s wrong with these two pictures?
The driver, Jeremy Zimmerman, could get 12 years and the passenger, Jay Schild, got 180 days for not reporting the accident!
Willaim Janklow got 100 days for second degree manslaughter and reckless driving that resulted in the death of Randy Scott!
|
