Jan 21, 2007 5:38 pm US/Central
Fmr. S.D. Congressman Finishes 3-Year Probation
Still Facing A Wrongful Death Suit From Victim's Family, Bill Janklow's Political Career Is Over, And Personal Future Uncertain
Sioux Falls, S.D. (AP) ―
Former Rep. Bill Janklow will emerge from his manslaughter probation Monday with a clean record, more than three years after he sped through a stop sign in a Cadillac and killed a Minnesota motorcyclist.
Janklow already regained his law license and can get behind the wheel again, having obeyed all conditions of his release, his probation officer said.
But the 67-year-old's political career is through.
"I think that it's good for everyone involved that this chapter has come to a conclusion," said Ed Evans, the attorney who represented him at trial.
Janklow told The Associated Press he did not want to comment about the end of his probation.
Janklow was governor for 16 years, serving four terms in two eight-year stints. In 2002, he was elected as South Dakota's only member of the House.
His record will be cleared because Circuit Judge Rodney Steele, now retired, issued Janklow a suspended imposition of sentence in 2004 -- a one-time-only pass for a person found guilty of a felony.
A suspended imposition of sentence is similar to a pardon, and means that a judge has placed the jury's guilty verdict on hold. There is no conviction on record if a person complies with all conditions specified as punishment by the judge.
State law allows a suspended imposition of sentence only once in a person's lifetime. A judge can grant it if the judge believes justice and the best interests of the public and defendant will be served.
Steele said some bikers thought Janklow's punishment wasn't severe enough. But he said he researched similar cases and felt it was fair.
"I got probably 30 or 40 letters, most from the members of the American Motorcycle Association, that thought it was way too lenient," he said.
On Aug. 16, 2003, Janklow's car struck a Harley-Davidson ridden by Randy Scott, 55, of Hardwick, Minn., at an intersection near Trent, S.D., about 30 miles north of Sioux Falls.
Scott was killed instantly. Janklow suffered minor injuries.
Janklow, who has diabetes, testified he had not eaten the day of the accident and likely blacked out when he approached the intersection.
A jury in Janklow's boyhood home of Flandreau, S.D., convicted him of second-degree manslaughter that December. He resigned from Congress a month later.
He served 100 days in jail, paid a $5,000 fine, temporarily lost his law license and was forbidden from driving during his probation.
Scott's mother, Marcella Scott, declined to comment on the end of Janklow's probation.
She and other family members are seeking $25 million in a wrongful death lawsuit filed in federal court, which is set for trial in March 2008. The federal government would be responsible for any damages awarded because Janklow was on official business when the accident happened.
The Minneapolis lawyer representing the family, Ronald Meshbesher, was out of the country and could not be reached immediately for comment.
Carrie Van Dyke, a friend of Scott's, said she hopes Janklow learned from his mistake.
"We have to be forgiving. It's not like he did it on purpose, like he woke up and said, 'I'm going to run a stop sign and kill somebody today,"' she said.
(© 2007 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
