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Hobarticus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 12:25 PM
Original message
Janklow files motion for acquittal

FLANDREAU, South Dakota (AP) -- Rep. Bill Janklow filed a motion asking that he either be acquitted of second-degree manslaughter or granted a new trial, saying prosecutors didn't present enough evidence to establish his guilt.

Janklow, convicted December 8 for a traffic crash that killed a motorcyclist, filed the motion for acquittal Friday.

http://www.cnn.com/2003/LAW/12/21/janklow.motion.ap/index.html

Apparently, "justice" is only when you get off, and a jury trial just ain't enough justice.
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Atman Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 12:26 PM
Response to Original message
1. On the grounds that he is republican
And therefore, laws do not apply to him.
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veganwitch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 12:32 PM
Response to Original message
2. for the love of pete!!!
what happened to the party of personal responsiblity!!

this dude is the biggest tool on the planet.
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MoonAndSun Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 12:33 PM
Response to Original message
3. Janklow is already so low in the public's opinion in SD that
this will just piss them off even more. They must be kicking themselves knowing they voted this piece of sh** to Congress. Hopefully the more he proves that he is a slime ball the better it will be for the Dem who is trying to run for his seat (I forget her name).
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hatrack Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 12:34 PM
Response to Reply #3
5. Stephanie Herseth
She did OK for a Democrat in South Dakota last time (44%? 45%?) and, with John Thune not running, she's got a pretty decent shot this time around.
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liberalnurse Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 12:34 PM
Response to Original message
4. Isn't this common practice?
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kanrok Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 12:54 PM
Response to Reply #4
7. It is standard practice
If his attorney did not file these motions he'd commit malpractice.
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BiggJawn Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 01:04 PM
Response to Reply #7
8. Just ONCE, I'd like to see a lawyer say...
"Hey, we tried, he got a fair trial, we wish things had turned out diferently, but we accept the verdict. God bless our legal system..."

Instead of this "Never admit guilt until the last Appeal and Dollar are spent." bullshit.
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kanrok Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 01:47 PM
Response to Reply #8
12. I think you would have a different spin on things
Edited on Mon Dec-22-03 01:49 PM by kanrok
if it were you who were tried and convicted. It's nice to say that people should just give up their right to appeal, but it is a tad unrealistic, don't you think? BTW, it's not the lawyer's choice as to whether the motions get filed, it's the client's right. You don't have to like the decision to file the post-trial motions, that's understandable, but you should have some respect for the rule of law.
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BiggJawn Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 03:20 PM
Response to Reply #12
14. No, Kanrok, it's about "Personal Responsibility"
If it had been me instead of Janklow, I'd pled guilty and begged the court's mercy. I sure as hell wouldn't have launched that LUDICROUS "Diabetes Defense" (and I'm a Diabetic, too).
I'm sick to the ears with the Murkan attitude of "I got a good lawyer, of COURSE I'm innocent until the SCOTUS says otherwise...".

Sure, you have the right to appeal, but WHEN do you stand up and say "OK, I accept the court's finding. You got me."?

I hear Janklow telling his lawyer "You gotta get me outta this! What do you think I'm paying you for? I thought you were a GOOD lawyer?"

To say this is how the legal system is supposed to work is to say that justice does not matter as much as who can get his lies believed does.

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kanrok Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 03:56 PM
Response to Reply #14
17. Well, I guess we'll just agree to disagree
Edited on Mon Dec-22-03 03:57 PM by kanrok
Was Janklow's defense stupid? Yep. Just like the Twinkie defense. That's not really the issue. It's not a "Murkan attitude" that drives the desire to let the criminal justice system to run it's course, it's the Constitution. Janklow will likely lose in the end, as well he should. He's a dislikable jerk. I'm an ex-prosecutor. I've never in my life defended a criminal. I hated it when defndants filed appeals in cases where they were 100% guilty. As much as I hated it personally, I understood that they have the right to do so, and I respected that right, and still continue to do so, religiously. Most decent people, faced with killing another like Janklow did (without the intent to do so) would feel exactly the same as you do, i.e., would want to lay down and beg for the court's mercy. That's a natural response. But, really, I cannot criticize someone facing a prison term from asserting their Constitutional rights.
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BiggJawn Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 04:26 PM
Response to Reply #17
21. And we still remain friends.
Or at least co-board denizens.

I understand. Just because you may have the right to do something, doesn't mean it's right. Right? But it's still your right and you should be permitted to exercise that right.
No dis-agreement with that.
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kanrok Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 04:37 PM
Response to Reply #21
23. Precisely
Well said.
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liberalnurse Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 01:04 PM
Response to Reply #7
9. Thats what I thought.
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Hand Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 12:36 PM
Response to Original message
6. More like...
On the gounds that he's Bill Janklow and can do whatever the fuck he wants no matter who's hurt or killed. Scumbag. Let him rot in jail for ALL his evil deeds, especially his crimes against Native peoples (not to denigrate Randy Scott, an honorable vet and a better man by far than Janklow on his best day).

Fuck Janklow. He's trash; he always has been; he always will be. If his guts were on fire, I wouldn't piss down his throat. And that goes double for any freeper troll who reads this.

:mad: :nuke:
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malachi Donating Member (653 posts) Send PM | Profile | Ignore Mon Dec-22-03 01:30 PM
Response to Reply #6
10. A big hand for Hand
I couldn't of said it better.
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MoonAndSun Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 01:32 PM
Response to Reply #6
11. I love the way you rant!!
:evilgrin:
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Judi Lynn Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 03:28 PM
Response to Reply #6
16. Oh, Hand, don't be so hard on our Bill!
There was the phantom white car to contend with, and after all, he's got diabetes! Maybe he should get an award for only killing one guy.



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skypilot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 04:05 PM
Response to Reply #16
18. God, is that a picture of him??
He looks like the most reprehensible toad. Take it down!! Take it down!!
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Judi Lynn Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 04:08 PM
Response to Reply #18
19. Well, maybe this one is more suitable, after all:


Sorry, skypilot!
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skypilot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 04:18 PM
Response to Reply #19
20. That's a little better...
...and fortunately for that woman sitting next to him, he's got his hands where we can see them. The only thing missing are the handcuffs.
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kanrok Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 04:35 PM
Response to Reply #19
22. I think the best one is here:
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lebkuchen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-22-03 02:09 PM
Response to Original message
13. Denied
He killed someone after several driving citations that were meant to serve as warnings. They weren't enough.

Throw him to the lions.
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GRClarkesq Donating Member (595 posts) Send PM | Profile | Ignore Mon Dec-22-03 03:23 PM
Response to Original message
15. Everyone files the motion
hardly anyone gets a new trial. The lawyers continue to get paid.
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amber dog democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-24-03 09:59 PM
Response to Original message
24. even so, the outcome is pretty obvious
if you kill someone through recklessness, its hard to argue there were mitigating factors. What jury would sympathize with him?

Consequences are just gonna have to take their course.
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truthisfreedom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-24-03 11:37 PM
Response to Original message
25. hey, the guy's got a right to use the system. we know he won't get his
acquittal. but he can dream.

he's already said he's going to depart the legislature. i'm satisfied if he keeps his word about that.
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pinniped Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-25-03 12:20 AM
Response to Original message
26. WTF?
Edited on Thu Dec-25-03 12:24 AM by sfg25
Seems like it was satisfactory to get a conviction on his sorry ass.
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