Category: Law and Order

Donald and Michael London Indicted by Brule County Grand Jury

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Donald and Michael London Indicted by Brule County Grand Jury

PIERRE, S.D – Attorney General Marty Jackley and Brule County States Attorney David Natvig announced today that Donald G. London, 42, Kimball and Michael J. London, 66, Chamberlain, were indicted last week by a Brule County Grand Jury. Donald G. London was indicted on two counts of attempted first degree murder, class 2 felony, punishable by up to 25 years in the state penitentiary and/or

$50,000 fine and 3 counts of aggravated assault on law enforcement officer, class 2 felony, punishable by up to 25 years in the state penitentiary and/or $50,000 fine. With the Habitual Offender filing, Donald G. London faces up to faces up to fifty years imprisonment. Michael J. London was indicted on 2 counts of aiding and abetting aggravated assault on law enforcement officer, class 2 felony, punishable by up to 25 years in the state penitentiary and/or $50,000 fine and 1 count of accessory to crime, class 5 felony, punishable by up to 5 years in the state penitentiary and or $10,000 fine.

Charges stem from the armed standoff in Kimball, South Dakota on January 7, 2015. Arraignment is scheduled for January 27, 2015 at 1:30 p.m. at the Brule County Courthouse.

The case continues to be investigated by the Division of Criminal Investigation and is being prosecuted by the Brule County States Attorney’s Office and the Attorney General’s Office.

 

 

Latest Annette Bosworth pre-trial plea is a bit bizarre. Dear Wedding List Legislator:

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Like her infamous “dirty words” press conference back during the primary, indicted US Senate Candidate Annette Bosworth has a knack for coming up with publicity stunts that are bizarre, or such a horrific train wreck, you can’t look away.  And this week brought us another.

As the days count down to her upcoming February trial for attesting to petition signatures she didn’t witness, State Legislators meeting in Pierre for the 2015 legislative session received a letter this week from former Candidate Bosworth, complete with personal annotations. And this one is a doozy.

“Dear Wedding List, Legislator.

You’re Invited to the wedding. Or at least you would be invited to the wedding if Chad and I were planning our wedding today. That is why you’ re getting this letter, You are on my “wedding list” of people.

You are receiving this letter because you are a legislator and you will be in Pierre during the trial!

Not surprisingly, as you page through it, this is uncomfortable to read. Not because anyone thinks she’s being railroaded, since by her own admission, she says she wasn’t present for the signatures she attested to witnessing. It’s cringeworthy because the group of people she’s sending it to – state legislators – are among the least likely to buy a letter repeating things that, amidst all the biblical quotes, most believe are a complete load of bullsh*t.

Dear Legislator Weddinglist

I humbly ask for you to use your God-gifted-talents. I am praying that the cold courtroom in Pierre will be filled with the warmth from God’s people. I am asking for support in the form of your presence at this trial. If you have witnessed a jury trial, you understand the powerful message supporters send. The power of the presence of supporters in the courtroom strengthens the person on trial, their family, their lawyers as well as the citizens serving on the jury. If you have never witnessed a jury trial, come and gain the experience with your own eyes. Help me put purpose to this pain. We will witness to South Dakota and the country that when you trust in the Lord, His people will stand together during times of adversity.

Are we thinking this is going to cause any legislators to abandon their desk in the State Capitol, and walk the block and a half to the courthouse?

Jackley: United States Supreme Court to Hear Same-Sex Marriage Cases

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United States Supreme Court to Hear Same-Sex Marriage Cases

PIERRE, S.D. – Attorney General Marty Jackley announced today that the United States Supreme Court has agreed to hear the same-sex marriage cases. “I am pleased that the Supreme Court has decided to take up the issue. There needs to be a national resolution. The question before the Court goes to the heart of the States and their citizens’ traditional role in defining marriage.”

In September of 2014, South Dakota joined with 19 other bi-partisan States requesting that the United States Supreme Court determine whether the U.S. Constitution requires States to adopt and recognize same-sex marriages.

It is anticipated that the Court will hear arguments in April with a final ruling being entered next summer, probably late June.

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Release: Maricela Diaz Convicted by Jury for First Degree Murder

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Maricela Diaz Convicted by Jury for First Degree Murder

PIERRE, S.D – Attorney General Marty Jackley and Hanson County States Attorney Jim Davies announced today that a Minnehaha County jury returned a verdict finding Maricela N. Diaz, Ft. Wayne, Indiana, guilty of first degree murder, class A felony, maximum sentence up to life in prison; felony murder arson, class A felony, maximum sentence up to life in prison, first degree arson, class 2 felony, with maximum penalty of up to 25 years in prison; felony murder kidnapping, class A felony, maximum sentence up to life in prison and second-degree aggravated kidnapping class 1 felony, with a maximum penalty of up to 50 years in prison.

“This jury verdict is the result of a very dedicated and hardworking investigation and prosecution team. Diaz and Salgado have been found guilty of the cold blooded murder of a 16 year-old innocent little girl. I struggle to believe that the family of Jasmine Guevara will ever find closure, but I hope that this conviction will allow them to begin to heal,” said Jackley. “As Attorney General, I will be reviewing Mr. Salgado’s testimony and case to determine whether he is in violation of his plea agreement and if so the appropriate remedy.”

Charges stem that on November 10, 2009, Maricela N. Diaz and Alexander Salgado murdered Jasmine Guevara. Diaz and then-boyfriend Salgado were both arrested in November of 2009 for luring Guevara to a remote location in rural Hanson County, where they stabbed her, cut her throat and then set her car on fired while she was in the trunk. Salgado plead guilty to second-degree murder in August of 2010 for his involvement in Guevara’s death. He is currently serving a life sentence at the State Penitentiary.

This case was investigated by the Hanson County’s Sheriff’s Office, Mitchell Police Department and the Division of Criminal Investigation and prosecuted by the Hanson County States Attorney’s Office and the Attorney General’s Office.

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Jackley: Over 100 rounds expended from Brule County Residence

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Investigation into Brule County Standoff

PIERRE, S.D – Attorney General Marty Jackley confirms today that the Division of Criminal Investigation has concluded their crime scene reconstruction in last week’s standoff in rural Brule County and the residence has been turned over to the family of Donald and Michael London.

Preliminary forensic testing indicates that over 100 rounds were expended and initiated from within the residence. Law enforcement fired less than a dozen rounds in response. More specific details of the forensic exams are all part of the ongoing investigation and part of the criminal justice information that may be used in the prosecution in this case.

“Approximately 132 law enforcement personnel assisted in the standoff. We are very fortunate that with the number of rounds fired from within the residence that more officers were not injured. The additional information that continues to come forward is a testament to the cooperation and bravery of our officers during one of the most dangerous events in South Dakota history. We cannot thank the public enough for their support and providing food, shelter and other resources to our officers,” said Attorney General Jackley.

Donald and Michael London are presumed innocent until such time as proven guilty.

AG: Federal Court Rules SD Constitution and Statutory Provisions on Same-Sex Marriage to be in Violation of the US Constitution but Stays Order

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Federal Court Rules SD Constitution and Statutory Provisions on Same-Sex Marriage to be in Violation of the US Constitution but Stays Order

Marty JackleyPIERRE, S.D – Attorney General Marty Jackley announced today that South Dakota District Court has granted the plaintiffs and denied the State’s motion for summary judgment in the South Dakota case of Rosenbrahn v. Daugaard.

“It remains the State’s position that the institution of marriage should be defined by the voters of South Dakota and not the federal courts. Because this case presents substantial legal questions and substantial public interest the Federal Court has stayed its judgment allowing South Dakota law to remain in effect pending the appeal,” said Attorney General Jackley.

The Federal Court ruled that a same sex couple has a fundamental right to marry. Therefore, South Dakota law deprives the plaintiffs of that right without sufficient justification in violation of the Due Process and Equal Protection Clauses of the U.S. Constitution. The Federal Court ruled that because the case presents substantial legal questions, and because of the substantial public interest in uniformity and stability of the law, the Court stays its judgment pending appeal. In addition, the effects of this judgment are stayed until the judgment is final.

The Dakota Territory law that marriage was authorized only between a male and a female was reaffirmed in November 2006 when a Constitutional Amendment was approved by South Dakota voters.

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South Dakota Same-Sex marriage ban ruled unconstitutional by Federal judge, but stayed pending appeal.

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Twitter has been lighting up with a decision by Federal Judge Karen Schreier being released, and notes in part:

In Loving, the Supreme Court addressed a traditionally accepted definition of marriage that prohibited Mildred Jeter and Richard Loving from marrying. Because Virginia’s laws deprived that couple of their fundamental right to marriage, the Court struck down those laws. Little distinguishes this case from Loving. Plaintiffs have a fundamental right to marry. South Dakota law deprives them of that right solely because they are same-sex couples and without sufficient justification. Accordingly, it is

ORDERED that plaintiffs’ motion for summary judgment (Docket 20) is granted, and defendants’ motion for summary judgment (Docket 43) is denied.

IT IS FURTHER ORDERED that SDCL 25-1-1, SDCL 25-1-38, Article 21, Section 9 of the South Dakota Constitution, and any other provision of state law that precludes people from marrying, or refuses to recognize an existing marriage, solely because the individuals are of the same gender are unconstitutional because they violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.

IT IS FURTHER ORDERED that defendants are enjoined from enforcing those laws or otherwise declining to issue a marriage license solely because the applicants are of the same gender.

IT IS FURTHER ORDERED that a separate judgment will be entered and the effects of that judgment will be stayed until the judgment is final.

Dated January 12, 2015.

Read the decision here.

It appears that the decision is stayed, pending an appeal which is most certain to happen.  (What was I saying about that issue coming up in session?)

What do you think? And how is this going to shape legislation coming out of session?

Town Hall Columnist writing about poor Annette Bosworth. And citing flawed sources.

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I’m finally back at my home base after a fun day in Pierre yesterday. (Yes, you can have fun in Pierre).   I was taking some time to go through my Google Alerts, and noted the column written by the former US Term Limits guy defending poor Annette Bosworth from the harsh government action being taken by the state of South Dakota:

Now, for her trouble, she faces jail, fines, and the destruction of her career.

“This is not Jacklanistan,” Mr. Stranahan fumes about AG Jackley’s persecution of Bosworth. “This is South Dakota. This is America. And what’s going on up here is simply wrong.”

“The reasonable thing to do in the Bosworth case would seem to be a misdemeanor charge with a penalty and no felony charges,” Howie reasonably suggests. “That would be a win-win situation. Bosworth accepts a reasonable consequence and the integrity of the election process is preserved.”

Howie also notes that Marty Jackley wants to run for governor, and that his bizarre prosecution of Dr. Bosworth might not make much sense to future voters.

Read it here.

I’m not sure whether this article citing former S&M porn guy Lee Stranahan and indy Senate candidate Gordon Howie was to be taken in a humorous vein, or if it was serious. Unfortunately for the Town Hall column, the Howie piece illustrated Howie’s own ignorance by claiming that the Attorney General collects petition signatures. Which he doesn’t – it’s chosen by convention.

But even worse, the column ignores the corruption that Howie’s column is not only suggesting, but flat out requesting  – The article heavily relied on Gordon Howie’s hit piece against Jackley where Howie bizarrely suggests Jackley selectively not prosecute to curry favor with voters.

So, according to the the original Howie article and the Town Hall article it cites, prosecuting based on a indictment handed down by a grand jury is bad. Selectively refusing to prosecute to curry favor with voters is good.

If that’s the type of America that Paul Jacobs is seeking, we’re all in a lot of trouble.

Gordon Howie says he’s not doing a hit piece on Marty Jackley. (So yes, it’s a hit piece.)

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In an odd passive-agressive manner directed towards Attorney General Marty Jackley, independent Senate Candidate Gordon Howie continues to press his line against law and order and says that Jackley can’t win Governor if he prosecutes Annette Bosworth.

It’s no secret that Attorney General Marty Jackley would like to be Governor.

Before you read further, dispel from your thoughts any idea that this is a “hit”” piece.

and…

What I am hearing is that this case strikes people as akin to the Obama and Nixon use of IRS to attack conservatives. It’s like the ever-less popular Boehner now punishing his rivals.

Whether that is true or untrue is not the issue. The PRECEPTION of whether it is true or untrue is significant. It has been said that in politics, perception is reality. It is true that even ONE felony conviction would cost Bosworth her license to practice medicine. That seems like a pretty extreme penalty to most people, and makes the AG look like a vengeful bully in the eyes of many watching this case.

and…

The reasonable thing to do in the Bosworth case would seem to be a misdemeanor charge with a penalty and no felony charges. That would be a win-win situation. Bosworth accepts a reasonable consequence and the integrity of the election process is preserved.

Another “win” might be for the Jackley for Governor committee.

Read this silliness here.

It’s pretty early in the day to declare this the dumbest thing I’ve read today. But, this is by far the dumbest thing I will read today, and a good testament to why Gordon should not be ever elected to anything ever again.

Observing how Marty has conducted his office (Believe me, I know), he makes his prosecutorial decisions based on evidence, and whether he believes there is sufficient evidence to move forward. It’s not a matter of playing favorites. It’s not a matter of using his office to rack up a scorecard to campaign.

Just yesterday, he announced they were not going to proceed with a case of someone they had already convicted of a traffic fatality. Why? Because there was new evidence to the contrary.

It might be Gordon’s “PRECEPTION“, but that doesn’t strike me as prosecutorial zeal. That strikes me as being reasonable.

Instead of spouting a line of silliness telling Marty he won’t be able to run for Governor if he prosecutes Boz, maybe Gordon’s commentary should be directed elsewhere. Such as towards the person being prosecuted.

If Annette had wanted to accept a plea deal for a lesser charge to save her license to practice medicine, I suspect the time would have been several months ago, when she was choosing to play musical lawyers and using a former pornographer to go on the attack.

I, like many South Dakotans look forward this this being resolved, and the Bosworth Family Circus finally going away. But, it needs to be resolved the right way. Not, as Gordon suggests, for political gain.

And with Marty at the wheel, I trust that’s it’s being handled towards the ends of justice.

Press Release: Attorney General Jackley Joins Bi-Partisan Attorney General Effort to Protect Second Amendment Rights

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Attorney General Jackley Joins Bi-Partisan Attorney General Effort to Protect Second Amendment Rights

PIERRE, S.D – Attorney General Marty Jackley has joined an amicus brief, filed by the State of Nebraska in which 25 Bi-Partisan Attorneys General seek to protect Second Amendment rights.

The brief was filed in the case of Jackson v. San Francisco in opposition of a city ordinance that required all citizens who possess handguns in their homes to disable them or to stow them away in a lock box whenever the guns are not being physically carried on the person.

“The Second Amendment permits law-abiding citizens the fundamental right to bear arms in the defense of themselves and their families. As Attorney General, I strongly encourage the safekeeping of firearms in the home particularly when children are present to avoid an accident. However, the government should not come into our home, dictate and enforce how to keep firearms,” said Jackley.

The brief argues that the Second Amendment protects the right to keep a “lawful firearm in the home operable for the purpose of immediate self-defense” and the ordinance makes it impractical, if not impossible, for a law abiding citizen to exercise his or her right.

The Attorneys General argue that review of the Ninth Circuit’s decision by the United States Supreme Court is critical because San Francisco’s ordinance violates the Second Amendment based on the Supreme Court’s striking of a similar trigger-lock requirement for a handgun in the home in District of Columbia v. Heller, 554 U.S. 570 (2008). The U.S Supreme Court has recognized that the Second Amendment “elevates above all other interests the right to law-abiding, responsible citizens to use arms in defense of hearth and home.” Heller. Indeed, “individual self-defense is ‘the central component’ of the Second Amendment right.” McDonald v. City of Chicago, 561 U.S. 742, (2010). And because it is a right “fundamental to our scheme of ordering liberty,” it applies equally to states and municipalities. McDonald.

The Attorneys General from the following states are participating: Alabama, Alaska, Arizona, Arkansas Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin and Wyoming.

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