Audio Janklow manslaughter trial starts Monday (story audio) Photos Janklow at a press conference after the accident The site of the trial Law professor Chris Hutton View full slideshow (4 images) More from MPR Janklow charged with manslaughter in fatal accident (08/29/2003) Bill Janklow: Love him or hate him (09/05/2003) Janklow says he 'couldn't be sorrier' for accident that killed motorcyclist (09/22/2003) Your Voice Join the conversation with other MPR listeners in the News Forum.

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Janklow manslaughter trial starts Monday
by Cara Hetland, Minnesota Public Radio
November 28, 2003

Janklow at a press conference after the accident. He is charged with second degree manslaughter, reckless driving, speeding and running a stop sign in the August accident that killed Randy Scott of Hardwick, Minnesota. (MPR Photo/Cara Hetland)

Jury selection begins Monday in the felony manslaughter case against South Dakota Congressman Bill Janklow. Janklow is accused in the August traffic accident that killed Randy Scott of Hardwick, Minnesota. Accident reports indicate Janklow was driving 71 mph in a 55-mph zone. The Cadillac he was driving collided with Scott's motorcycle, and Scott died at the scene.

Sioux Falls, S.D. — The state's case against Bill Janklow boils down to one thing -- convincing a jury that the congressman had a conscious disregard for the rules of the road. The judge in the case blocked the admission into evidence of Janklow's 12 previous speeding tickets, and his three previous traffic accidents.

Chris Hutton teaches criminal law and evidence at the University of South Dakota law school. She says Janklow's driving record is of no consequence in this case.

	The site of the trial

"All he would have to do is explain what happened on this particular day. And we're not asking him to talk about his whole life of speeding or not speeding. That's not what this case is about," Hutton says. "This case is about whether or not, at a particular place and time, he did certain things."

On Aug. 16, 2003, Janklow was returning to his home in Brandon, South Dakota, from a public appearance in Aberdeen. He was driving south on Moody County Highway 13. Accident reports indicate he was traveling 16 mph above the speed limit. Randy Scott was riding his Harley Davidson motorcycle, traveling west on County Highway 14.

Janklow ran the stop sign and the cycle ridden by Scott slammed into the side of Janklow's car. Scott was thrown from the cycle and died a short time later. Janklow suffered head and hand injuries.

	Law professor Chris Hutton

The defense in the case will use evidence released earlier this week that shows Janklow's awareness may have been impaired by low blood sugar related to diabetes. Another medication he was taking may have masked the symptoms.

Law professor Chris Hutton says typically, cases of these types rarely make it to trial. But this is not a typical case, or a typical defendant.

"The reason you have the jury in the case is to evaluate the conduct of the individual, and determine whether -- once we establish what was done -- that it does add up to recklessness," says Hutton. "The judge will give them instructions as to what reckless driving is, including the definition I just read. And then the jurors have to evaluate what was going on in the car that day to determine whether it was reckless."

Hutton says jury selection is key to this case. It may be difficult to get an impartial jury, because Janklow was raised in Moody County and has not asked for a change in venue. Potential jurors were sent a survey several weeks ago to determine if opinions have already been formed.

	Bill Richardson

In rural South Dakota, there is little population movement, and people have come to either love or hate the four-term former governor. Political scientist Bill Richardson at the University of South Dakota says it's difficult to see Bill Janklow as anything but a politician. But in this case, Janklow has to be allowed to be a citizen with a right to a fair trial as a defendant. Even so, Richardson says the public wants Janklow to take responsibility for his part in the accident.

"While that may be the way in which the citizens listening or reading to some of the media accounts may feel at the moment, that won't be fair to the defendant. He has to be absolutely rational about the legal consequences to what he's facing," says Richardson. "And how he feels, or how we would want him as a political leader to act and what we want him to say, again, may be in conflict with what he's being advised to do by his attorney as he faces this courtroom drama."

Richardson says the politics surrounding the case are far-reaching. He says Republicans and Democrats are quietly positioning behind the scenes in advance of the 2004 elections. Regardless of the outcome of the trial, Bill Janklow, a Republican, has several options regarding his political future. He can resign his seat in the U.S. House. He can finish his term and not seek re-election, or he can run again for elected office.

Richardson says Janklow is vulnerable in a way he's never been before. Whatever happens in the Moody County courthouse, the court of public opinion may pass the final judgement on Bill Janklow.

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