From Attorney General Marty Jackley, a further explanation of the sentencing guidelines in the Bosworth case, the future of her medical license, and how much of this could have been avoided by Dr. Bosworth’s own actions:
While the state does not usually discuss plea negotiations, based upon the continued misrepresentations of both law and fact by Mrs Bosworth and the Bosworth campaign representatives I will generally confirm:
1). Mrs Bosworth’s public statement (ap) that she would have been required to plead to every felony count is absolutely false and inaccurate and her lawyers have been advised of that in writing;
2) While the Attorney General has many responsibilities, licensing physicians is not one of those responsibilities. The state medical licensing board made up of South Dakota physicians determines medical licensing issues. Because at the Secretary of State’s request the Attorney General handled the criminal prosecution the Attorney General is not involved in providing legal advice to the medical board in relation to Mrs Bosworth’s potential medical license issue;
3) Before bringing any charges I consulted with my colleague state attorneys general and there are several cases of similar type petition violations such as the Butch Morgan’s case out of Indiana;
4) All plea negotiation attempts by the Attorney General would have put Mrs Bosworth in a better place then she currently is in relation to any potential sentence or permanent record.
Whether or not Mrs. Bosworth’s continuing actions and statements constitute acceptance of responsibility will be for the court to determine at sentencing.