The lawsuit filed long ago against the persons alleged to be involved in illegal robocalls was dismissed late last week on a technicality by the judge hearing the case, but the principals involved in the case indicated that they may appeal:
Second Circuit Court Judge Mark Salter in his order filed Monday said he decided to dismiss the six-year-old case after the former lawmaker who filed it failed to keep the case going.
“This case is stale and focuses upon conduct alleged to have occurred prior to the 2012 general election,” Second Circuit Court Judge Mark Salter wrote. “The lack of action is unreasonable and unexplained.”
Nelson said he’d never been involved in the robocalls and felt the lawsuit brought against him was an attempt to “slime” him in the press. The decision to dismiss was the right one, Nelson said, though it came years later than it should’ve.
“It is a measure of justice that this has been dismissed with prejudice,” Nelson said.
Lederman said he didn’t agree with the judge’s decision and would consider an appeal.
While Nelson protests his innocence to the press, Nelson had been named as participating in the case as part of the sworn testimony of Gary Dykstra, who was named in the complaint as a key player in the robocalls.
On the stand, Dykstra said he, Willard and state representative Stace Nelson got the idea to send out these robocalls to people throughout South Dakota because they did not like the voting record of South Dakota Republican leaders when it came to cutting education benefits for veterans. Dykstra said three different people, including Willard, came up with this plan.