Newly convicted felon Annette Bosworth may want to choose her words very carefully between now and sentencing.
Because, according to Attorney General Marty Jackley, they could have an effect as to whether the Attorney General’s office recommends jail time for the one-time Republican US Senate Candidate:
South Dakota Attorney General Marty Jackley discusses the factors that will go into his sentencing recommendation…
“You know, part of that recommendation always is whether or not the defendant has accepted responsibility. And so, obviously there hasn’t been an acceptance of responsibility yet, but I want to keep an open mind as Attorney General to see whether or not in the next few weeks before sentencing there’s a change in position.”
“I also recognize that under South Dakota law for non-violent felonies such as this there’s a presumption of very limited or no actual jail time. And of course, that presumption is overcome sometimes by a defendant’s conduct.”
State PUC Commissioner Fiegen diagnosed with early-stage breast cancer
PIERRE, S.D. – South Dakota Public Utilities Commissioner Kristie Fiegen has been diagnosed with curable breast cancer.
Fiegen said her annual mammogram displayed small calcium calcifications, similar to what has shown up on previous mammograms. A small mass was detected on a follow-up ultrasound. A biopsy confirmed it was cancer. The mass is a Grade 1. Fiegen’s medical team has indicated that the early detection leads to a very good prognosis.
“I am grateful to my medical providers for this early diagnosis,” Fiegen said. “My family is strong in our faith and appreciates the prayers and support of our many friends as we begin this fight.”
A team of medical providers in Sioux Falls, S.D., is working with Fiegen to develop a comprehensive treatment plan. Fiegen said she expects to fully recover and continue her dedication to South Dakota and its consumers. She plans to be active in the business of the commission throughout her treatment.
Apparently, everyone is in on conspiracy! The Capitol Journal reports that the EB-5 Case is closed with no charges or prosecution:
The FBI has closed its investigation into South Dakota’s investment-for-visa program and the U.S. Attorney’s office has decided not to pursue prosecution.
FBI spokesman Kyle Loven says the agency recently forwarded its findings of the state’s EB-5 program to the office of U.S. Attorney Randy Seiler. Loven says the office decided not to bring charges.
From the Hill:
The Justice Department plans to move forward this year with more than a dozen new gun-related regulations, according to list of rules the agency has proposed to enact before the end of the Obama administration.
“It’s clear President Obama is beginning his final assault on our Second Amendment rights by forcing his anti-gun agenda on honest law-abiding citizens through executive force,” said Luke O’Dell, vice president of political affairs at the National Association for Gun Rights.
The Justice Department plans to issue new rules expanding criteria for people who do not qualify for gun ownership, according to the recently released Unified Agenda, which is a list of rules that federal agencies are developing.
Gun rights advocates argue it would be more effective to ban people on an individual basis, as opposed to banning all people who are mentally ill.
“A person who experienced a temporary reaction to a traumatic event or who has trouble handling household finances may well be treated the same as a violent psychopath,” the NRA wrote. “Not only is this unjust and stigmatizing, it creates disincentives for those who need mental health treatment to seek it, increasing whatever risks are associated with untreated mental illness,” it added.
Aside from these issues, some gun rights advocates have also raised concerns about upcoming ATF rules that would require gun dealers to report gun thefts, provide gun storage and safety devices, and place restrictions on high-powered pistols, among other things.
Soooo……. Any thoughts on this?
From the Argus Leader, it sounds as if Bosworth is on notice that her behavior matters, and that she isn’t guaranteed no jail time:
Her medical license could be jeopardized. She faces a maximum punishment of 24 years in prison and $48,000 in fines.
Attorney General Marty Jackley said prosecutors will review mitigating and aggravating circumstances before making a sentencing recommendation.
“Under South Dakota law, non-violent felonies such as these carry a presumption of no or limited actual jail time,” Jackley told The Associated Press. “The presumption may be overcome by the defendant’s conduct.”
Jackley said one mitigating factor would be if Bosworth accepted responsibility.
With Marty noting that there’s a presumption of no jail time, and the fact that a $48,000 fine might be chump change for someone raising money nationally, is jail time necessary to make an impactful statement that such behavior won’t be tolerated?
As we’re in Lunch mode in the middle of Annette Bosworth’s testimony, I’m a bit confused. Maybe I’m mistaken, but I was under the impression that Bosworth would be the last one to testify for the defense, as she’s the accused.
So, what happened to attorney Jeff Beck?
In his opening statement, Bosworth legal team member Dana Hanna had promised the Jury that Jeff Beck would be testifying. Then, this morning, we’re hearing about a missing witness.
Next thing you know, when it comes time for the defense to present their case, they put up the employee as a witness and move straight to Annette herself. Wasn’t there someone supposed to come in the middle of that, who was promised to back up their side of the tale?
Maybe he’ll pop up this afternoon, but this seems odd to me.
My head hurts from all “the stupid” out there on this case.
And it’s all coming as part of a campaign of disinformation on the part of Bosworth associates who if not are stretching the truth are offering utter fabrications in defense of Annette Bosworth, or in attacking the prosecution. And there’s been a flurry of activity as the trial has gotten underway.
Today’s dose of stupid is coming from Peter Waldron who has set up the “No Compromise group” in a Sioux Falls Post Office Box. We’re not sure if it’s a political group (which would require filing with the Secretary of State as a political organization) or a private business (which would require a fictitious name filing). Regardless, here’s the latest stretching of the truth from he and his allies:
I’m hearing ominous music, lots of innuendo, and the inability to spell “continuing.” The is noted as coming from the “No Compromise Group.” But, I’m also noticing that it’s posted on YouTube by a Jake Baker from Texas, who is also posting the releases from Peter Waldron on his web site.
The “Texas attack” on the Bosworth prosecution also coincides with someone we all know (and are repulsed by) returning to that state – former S&M Pornographer Lee “Pornahan” Stranahan returning home.
Stranahan may have claimed to some that he’s cut ties with Bosworth, but his disinformation machine cranked up again as soon as the trial started with a post on his Dakota Reporter web site, and on his other web site, where he talks about the “Bryan Gortmaker Testomony,” as well as other posts.
All of this begs the question – why? What do these outsiders have to gain by their extensive and unusual interest in perpetrating a campaign of over the top fabrications in the matter? Peter Waldron’s complaint to the FEC and Department of Justice was easily demonstrated to be extreme puffery at best, and a fabrication at worst.
Any guesses? My thought is that afterwards there will be some significant fundraising attempts from the donor list Bosworth has left over from the campaign. And that there’s a group of people lining up at the trough.
The Pierre Capital Journal has a good synopsis of yesterday’s Bosworth trial coverage, and hits the high points (without you having to sit through the hours-long cross examination:
It wasn’t his job as a notary public to review the contents of each petition or each voter signature, but merely to attest that Bosworth’s own signature actually was hers and that he witnessed it, Arends said.
But at one point Bosworth showed him a petition, he said. “Dr. Bosworth asked me, ‘Can I sign this?’ I said ‘No, you can’t, because you didn’t circulate it.’”
Bosworth told a radio talk show host last year she thought because the signature collection was done under her direction, she was the circulator even though she didn’t witness every signature. It’s one of the mistakes she made as a rookie candidate, Hanna told the jury. The bigger mistake was relying on Arends’ touted expertise on petitions, Hanna said.
But Arends said he saw Bosworth demonstrate impressive knowledge of petition-gathering rules at a Lincoln Day dinner for Republicans in Pierre in February 2014. As early as January 2014, Bosworth was able to explain the rule that the person collecting signatures has to witness each signature, under South Dakota law, Arends said.
Supporters for Bosworth in court Thursday include some from Iowa and a Chicago cabdriver.
“She’s a ‘super tremendo’, fantastic leader,” said Fred London, who said he took time off from driving a taxi in Chicago to attend the trial Thursday and Friday. He learned about Bosworth from radio talk shows, London said.
“She’s everything a person could want in a U.S. Senator.”
When asked if anyone from Bosworth’s camp was paying his expenses, London, who said he’s staying at the Super 8 motel, referred questions to Bosworth’s parents.
So, we learned that the prosecution and the defense disagree. And that Bosworth’s parents might be footing the bill at the Super 8 for those easily swayed by what they hear on the radio or internet broadcasts.
In between running to Lowe’s and listening while painting my deck, I caught the lions share of the Bosworth Trial coverage on KELOland’s live feed.
My reaction? Much of the first hour or so was predictable – opening statements, etc. Moving into testimony, it was a review of procedure from Former Secretary of State Chris Nelson, who reiterated what people had heard from Secretary Gant all along during the process – that the Secretary of State was a filing agency, had set procedures in place, and had no authority to contest the validity of signatures.
Nelson laid it out very concisely, and even critics of Gant had to begrudgingly admit in on-line chatter that it was handled as it was supposed to be. This was followed up by more SOS related testimony, as well as those who had signed petitions being called as witnesses, noting how the petitions in question had been circulated to them.
The testimony later moved to Bryan Gortmaker with DCI. And here the trial moved from very mechanical yes and no information to what was difficult to listen to.Especially for the defense.
After presenting evidence that she was in the Philippines during the time the petitions were being circulated, they introduced the April 17, 2014 Greg Belfrage show from KELO-AM. To say this was devastating to Bosworth’s case for all watching or listening is an understatement. It was bone-crushing. In her own rambling wandering manner, through the radio program Bosworth’s radio confessional to Belfrage, she seemingly painted her as anything but sympathetic, and did nothing to bolster the credibility and sympathy her attorney attempted to imply in his opening statement. If anything, it eroded it, while Bosworth listened, and at times visibly appeared on the verge of tears.
It was like she was testifying live without the benefit of her attorney imploring her not to say anything stupid.
It was commented on-line that this would be a good time for the prosecution to drop the microphone in triumph. Because as things wrapped up, the general impression is that this was a bad, bad day in court for Annette Bosworth.
Otherwise, today’s Winners & Losers?
Winner: Ben Dunsmoor and KELOland’s coverage. Second to none, especially with cameras being allowed in the court room. This was incredibly well done in the cramped space, and they deserve tremendous credit for letting the story tell itself.
Loser: Argus Leader. Where the hell were you and your “Real Reporters?” Probably watching KELOland with the rest of us. Sorry guys, but you whiffed this one.
Winner: Twitter. Second only to KELOland, Twitter was reasonably active today on the court case. Ken Santema did a good job covering things, while we had to pick through Cory Heidelberger’s self-aggrandizement to find what was worthwhile.
Winner: The State of South Dakota (As prosecutor). See Above.
Loser: Team Boz. Again, see above. It was a bad, bad day.