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Janklow sentenced to 100 days in jail
January 22, 2004

Bill Janklow, left, leaving the courtroom after his sentencing on manslaughter charges Thursday. (MPR Photo/Cara Hetland)

A South Dakota judge sentenced former governor and congressman Bill Janklow to 100 days in jail. Janklow was convicted last month of second degree manslaughter for an auto accident that killed a Minnesota motorcyclist. Janklow resigned from congress Tuesday

Flandreau, S.D. — South Dakota does not require minimum sentences, so Judge Rodney Steele was free to impose anything from no jail time and no fines to a total of more than 11 years behind bars and more than $11,000 in fines.

Steele told Janklow and a packed courtroom that justice is about doing what's right, fair and impartial. He said sometimes one person't justice is another person's miscarriage. But he said it's his job to weigh all the factors presented to him. Judge Steele referred to the scales of justice, saying one side holds death, grief and needless loss. On the other side are mitigating factors, including Janklow's age, and the judge's belief that Janklow has shown remorse.

Bob Burns, political scientist at South Dakota State University, was one of nine witnesses that testified on Janklow's behalf.

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"With every crime there's a different kind of offender and a different kind of offense," Burns says. "And we have to look at the real fact surrounding the offender and the real fact surrounding what happened. And based upon that, Judge Steele, I think, fairly handed down a sentence."

Bill Janklow received what's called a suspended imposition sentence for his manslaughter conviction. That means he'll stay out of the state penitentiary if he lives by the conditions ordered by the court, and his record will be cleared.

Janklow must report to the Minnehaha County Detention Center on Feb. 7 for the start of his 100 days. After 30 days, Janklow can leave his cell for 10 hours a day to perform community service. Janklow must pay a $5,000 fine and remain lawful. Once he leaves jail, Janklow will be on probation for three years, during which he cannot drive. Judge Steele added Janklow must take all of his medication and follow doctor orders.

Randy Scott's mother and sister were present in the court every day during the trial, but weren't present at the sentencing. They sent a message to reporters through the court administrator that they would not comment. The Scott family filed a wrongful death lawsuit against Janklow last week.

Terry Johnson rode motorcycles with Randy Scott and was with Scott the day of the accident. Johnson testified he believed Janklow was remorseful. Johnson also said it was a tragedy for everyone involved -- he said a great man died and a good man lost his career.

The Minnehaha County Detention Center is located in Sioux Falls. Sheriff Mike Milstad says they will not make special accommodations for Janklow.

Bill Janklow is asking for a new trial, and Judge Steele will hear arguments on that issue Feb. 10. Janklow has 30 days to appeal his conviction and sentencing. Any appeal would go to the South Dakota Supreme Court, before seven justices who were appointed by Janklow.

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