It’s New Years Day 2004 and I’m glad. I’m looking forward to this year more-so than many. It’s a new/harsher era. Yet we’ve notched up our plight in many respects. I’m rambling, but this will certainly be a year that people respect more thoroughly. It’s that way when you witness people being bombed all over the world and threats to your own homeland. Suddenly, if you’re fortunate enough not to see major violence on the streets of your hometown, you give thanks, take better care of the people around you and your possessions. Maybe we’ll work harder, with more integrity and add constant vigilance to our lives.
I live on the edge of a major harbor, a terrorist target. I now watch out for cats I don’t believe should mill around our harbor. I’m actually looking for the appropriate number to call if I run across suspicious behavior. I don’t think 911 is the answer.
Anyway, in my positive vibe gut, I believe that this year will see terrorism throughout the world squashed and significantly more peace will abound. We’ll see corporate America straighten up its act. Finally we’ll see a new outlook on life, less overtly confident, more caring and knowing, that if we don’t watch out, anything can happen. Let’s hit the news:
LUCKY DEVIL UPDATE–Another one down. We just got done cleaning up this one and a dozen small jobs. Now it’s hard after Rick’s Trump chopper. Hope all is well and try not to have too much fun tonight.
HAPPY NEW YEAR ~!!!
–Lucky & the Devil
SENTENCING OPTIONS–Giving up a seat in Congress is just one of many changes that could await Bill Janklow after his sentencing next month on a second-degree manslaughter conviction.
The sentence handed down by Judge Rodney Steele could include prison time, and according to state law, that incarceration would trigger other penalties.
Under South Dakota law, a state penitentiary sentence of any duration suspends a prisoner’s right to vote, to run for or hold public office, and to serve on a jury.
Once released from prison, however, the person is able to vote again, said attorney general spokeswoman Sara Raybern.
Janklow also would be prohibited from owning a gun for at least 15 years after his release from prison or from probation, according to Minnehaha County State’s Attorney Dave Nelson.
His felony conviction means he also could lose his law license.
Before Steele hands down a sentence on Jan. 20, a court services officer will complete a presentence investigation. Such reports usually take a month to six weeks.
“The general purpose of the presentence investigation is to gather all the information that is pertinent to the judge’s decision,” Nelson said.
According to state law, the presentence report contains any prior criminal record of the defendant and information about him that may be helpful to the judge, such as his financial condition and circumstances affecting his behavior.
Judges look at a variety of factors in deciding a sentence, University of South Dakota law professor Chris Hutton said.
“The judge seeks a complete picture of the person which includes both favorable and unfavorable information,” Hutton said. “Since it (the statute) mentions prior criminal history, I’m sure his (Janklow’s) driving record will be part of it.”
A good presentence report also will include statements from the victim’s family about the effects of the crime personally, emotionally and financially, Nelson said.
Letters written on behalf of the defendant also can be used, he said.
Janklow faces a maximum sentence of 11 years in prison for second degree manslaughter and reckless driving convictions.
But the former governor might not spend any time in jail. If he receives a suspended imposition of sentence – an option available only for a first felony conviction – and abides by the judge’s stipulations for a two-year period, his record could be wiped clean.
Steele also could impose a prison term and then suspend all or part.
The difference between a suspended imposition of sentence and a suspended sentence is the effect on a defendant’s record. A suspended sentence does not remove the felony conviction from the person’s record, Hutton said.
Punishment also may include restitution and a fine. Janklow’s manslaughter conviction carries a maximum $10,000 fine; reckless driving, a maximum $1,000 fine; and speeding and failure to stop, a $200 maximum fine each.
Frequently, a presentence investigation will include a recommendation from the court services officer on possible sentences.
But the final decision on a sentence is the judge’s, Nelson said. There is no typical sentence for second-degree manslaughter in South Dakota, he said.
“There is no mandatory minimum sentence,” Nelson said.
Nelson said he did not know whether Janklow would serve any time in jail or prison.
“I can tell you that I have not been involved in or been aware of a manslaughter case in our county where either jail time or penitentiary time has not been part of the sentence,” he said.
–by John-John Williams IV
–from Rogue
MAKE VOICES HEARD ABOUT JANKLOW– Contact Governor Mike Rounds and Attorney General Larry Long and let them know how you feel about Janklow being convicted of Killing Randy Scott.
Please ask them to intercede to see that Janklow gets the Maximum Penalty prescribed by law and that he also not be sent to some Country Club Prison.
The Eyes of The World are now on South Dakota and watching to see what kind of message they are going to send. This message will Not Be In Words but In ACTION of how Janklow Is Sentenced.
You can contact them at the address below.Please forward to your contacts and ask them to write also.
THANK YOU VERY MUCH
–ROGUE
Gov. Mike Rounds Attorney General Larry Long 500 East Capitol Ave CHURCH GIVES AWAY A CAR AND MOTORCYCLE ENCOURAGING ATTENDANCE–GALVESTON — A Galveston County church is dangling a couple of motorized carrots to increase its congregation.Abundant Life Christian Center in La Marque will give away a new Chrysler PT Cruiser to a woman and a Harley Davidson Sportster to a man at its New Year’s Eve service. Parishioners and visitors have been eligible to enter for the free drawings each time they attended a service in recent weeks, and members who brought visitors could enter twice. The church purchased the vehicles. The winners must be at Wednesday’s service to drive them away. “This is an opportunity to give something to someone that will encourage people to come to the house of the Lord,” Pastor Walter Hallam told the Galveston County Daily News in Sunday’s editions. “We want to do something to have a positive effect on people’s lives.” –from Rev CarlR THE KEYS TO STORING MOTORCYCLES–Living up here in Northern California we have VERY wet, cold winters. These winters are probably worse than snowy, frozen ones, when it comes to machinery, because they hover at temps and humidities that love to eat metal. A few winterizing suggestions are: In addition to Stabil (then fill the tank as full as possible to prevent condensation) is to wash your bike thoroughly with S100 to get all the dirt off(road dirt has a lot of chemicals that will eat the hell out of your chrome and paint if you let it sit long enough). Dry carefully. Spray the entire bike down with furniture polish, and wipe off the excess. Put the thing up on a block so the weight is off the wheels. Unless the bike is sitting outside. DO NOT put a waterproof cover on it…put a cover that has vents to allow the cover to breath…this will minimize condensation caused by temp changes in your storage area. Of course, disconnect the battery, remove it, and set it on a board or something…a battery sitting on a concrete floor will discharge very quickly… When you get back, wash the bike thoroughly again with S100 to get the furniture polish off (it’ll turn your pipes a nice shade of brown when they heat up if you don’t). Change the oil (don’t forget fork oil and brake fluid), and if possible, change the gasoline, too. Gas and oil DO have shelf-lifes, and will break down just sitting in your bike. Stabil will slow, but not stop the breakdown process. Don’t forget to lube your cables and lever pivots. On second thought, have you asked your local H-D dealer if they’d store the bike for you, for free, since you’re doing your duty to your country? I’m betting they just might do that, AND give you a discount on a tuneup when you get your porky butt back stateside… Be Safe! –Highwayman Continued On Page 2
State Capitol
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