Category: Statehouse

This evening, Gordon Howie is teaming up, yet again, with the forces of silliness swirling around Annette Bosworth as the time to pay the piper is arriving on the evening before the trial.

Tonight, he’s acting on their behalf and publishing a missive from the man with the dyed hair, Peter Waldron, who is calling his PO Box at the UPS Store a Suite, and lashing out at Mike Rounds & Marty Jackley by filing complaints with the FEC and DOJ.

The problem? The complaints significantly lack merit. And a factual basis.:

The complaints are very straightforward, and represent serious allegations that include Senator Mike Rounds and Attorney General Marty Jackly.

One complaint is under the consideration of the Federal Election Commission, the other with the Civil Rights Division of the Department of Justice.

and…

Read it all here.

If you read through it, just like other charges coming from the Bosworth allies, it’s a lot of innuendo, and a lot of stuff being rehashed, over and over.

But at the risk of giving it undue attention, just a few points. Three easy ones to get right, but…. they fall short in playing their games.

The part where Waldron alleges that Rounds benefited from the investigation by Jackley, who was appointed by Rounds long, long ago, he makes the allegation that Marty sent out “DCI agents to intimidate Candidate Dr. Annette Bosworth’s family, employees, and landlord from exercising their right to vote……. some of these visited by SDDCI did not vote as a result,” and he proceeds to name Peggy Craig, Angela Callahan, and Rodney Fitts specifically as those visited by DCI and intimidated.

Well, the problem with alleging that they were intimidated not to vote and as Waldron claims “some of these visited by SDDCI did not vote as a result?” I pulled the voter history records I have at my little fingertips. And in looking, all three of them voted in the primary. Without fail.

So, when he’s naming the three, and claiming that some did not vote…  He is completely inaccurate. He is bearing false witness against his neighbor. He is not telling the truth.  There’s his first strike.

Now, we visit the part about selective prosecution, where he claims that Marty made a decision to “initiate a very public investigation, and to impanel a Grand Jury” before the primary and “it contributed significantly to Dr. Annette Bosworth’s final vote totals.”

Let’s look at that further in a press release issued Thursday, June 19th…

Attorney General Marty Jackley confirms that on Tuesday June 17th a Hughes County grand jury issued an indictment charging Annette Bosworth, 42, Sioux Falls.

Bosworth was originally charged by complaint on June 4th, 2014, for election law violations.  Bosworth has now been indicted by the grand jury on six counts of offering false or forged instrument for filing, class 6 felony punishable by a maximum sentence of 2 years imprisonment and/or $4,000 fine and six counts of perjury, class 6 felony, punishable by a maximum sentence of 2 years imprisonment and/or $4,000 fine.

Read that press release here.

So, someone explain to me – how does a grand jury’s indictment on June 17th affect an election taking place two weeks earlier? And trust me, if anyone would have said or known anything about it, it would have been all over the place, starting here.

Again with the whole thou shalt not bear false witness thing.  Strike 2.

Moving on…….

So, four Hutterite colonies were “raided” by DCI who “arrived in a convoy of official state vehicles?”  Does anyone have any evidence that anything of this nature took place? Are there pictures of the alleged “convoy?”  And when one uses the term ‘raid,’ one assumes that a warrant was used to gain involuntary entry.   Again, any evidence of anything like that?

I didn’t think so.

Any interviews with agents of DCI would have likely involved a phone call ahead of time, asking if the would be willing to talk to them, and where it might work for them to sit down.  If they came directly to the colonies, it would have not just been voluntary, it would have been by invitation, as they would have had the right to decline the interview.

So, the Hutterite colonies were raided by DCI? Again, complete and utter bullsh*t.

Strike three.

Now for god’s sake would someone take this guy out of the game? He’s embarrassing himself.

A measure was refiled today to put South Dakota on the path to become the next Colorado as far as illegal drug users are concerned.

South Dakota pot measure

Apparently pot proponent (briefly Libertarian PUC Candidate) Ryan Gaddy filed, withdrew, and today once again filed a proposed ballot initiative to decriminalize the possession and use of one ounce or less of pot, and mandates that the use of pot can’t be considered a violation of parole or probation. So DUI offenders, instead of drinking, can instead get high, and there’s nothing a judge can do about it.

After glancing at it, I suspect that this measure is going to get pulled and refiled again.

Section 13. SDCL 22-42-6. Possession of marijuana prohibited–Degrees according to amount; needs to be amended to include Class 1 misdemeanor to possess more than one ounce but less than two ounces of marijuana. All other laws stand as is.

Somehow, I don’t think that looks like ballot language as much as a suggested correction. (No comment on what the measure sponsors were doing when they wrote it.)

A cursory survey of motels in Pierre and Fort Pierre found no clear indication of Bosworth supporters reserving rooms.

and..

Evangelical groups across the nation have rallied to Bosworth’s cause, saying she’s being singled out for uber-prosecution because of her openness about her faith. Other evangelicals have countered with criticism of Bosworth for not being honest.

and..

Many have questioned why a deal hasn’t been struck.

“There’s no deal that will take away any of the felonies, so of course it’s going to trial,” Bosworth said.

If you read Todd Epp’s story about the voter intimidation accusations coming from Gordon Howie and Annette Bosworth, and likening it to yelling “SQUIRREL” at your dog, you’re likely wondering what anyone is talking about.

What am I hearing? It’s more about unrealized expectations than any sort of intimidation, whatsoever.

If you recall in her petition foibles, which have ended up with an involuntary trip to the Hughes County Courthouse this week, there were some signatures that she (or someone) collected among the Hutterite colonies.

As I’m told, supposedly Bosworth had been providing medical services to at least one Hutterite colony, and she felt she had a close association with them. Emphasis on “she felt,” because the feeling may not have been mutual.

Why did she target Hutterites? Because they provided a solid block of Republican votes. And apparently, Bosworth may have somehow believed that she had a lock on those votes because she’d worked them as a Doctor.

But, alas, there’s always that troubling reality.

A very traditional and religious group, Hutterite leadership is quite conservative, and quite male.

If Annette thought showing up a few times and doing vaccinations was going to earn her their votes, she might be a bigger fool than anyone thinks.

But, there’s evidence that’s exactly what she thinks. In an April facebook post, her one-time paid PR person, former S&M Pornographer Lee Stranahan claimed he was had a story coming on just that:

Coming this weekend: the untold story of the voter suppression of the Hutterites by team Mike Rounds & Mary Jackley in last year’s election.

I’ll be publishing new details on how (and why) Jackley stopped the Hutterite vote and how the South Dakota media–most notably KELOland–has continued to shill for Jackley to this day.

• Lee “Pornahan” Stranahan – Facebook, April 25, 2015

Somehow this “untold story of voter suppression” that was promised nearly a month ago never materialized. I suspect because it only existed in “imaginary land,” and there are some stories so crazy that even ‘Pornahan’ won’t write them.

….And that’s when we cue up Gordon Howie. Howie is claiming that the baton of crazy has been handed off to the robocalling Peter Waldron, whom Howie claims is conducting his own investigations.  (I’m sure that’s going to be the epitome of objectivity.)

The truth is that Bosworth was not only fatally misreading the patriarchy, but among the residents of the Hutterite coloniess, she was also working against a 2-term Governor who had been very sympathetic to Hutterite’s needs, and over the course of eight years in office, was a good partner for these communities, and implemented initiatives that helped the colonies in terms of distance education, economic development, and more.

The colonies have a tendency to block vote, based on the opinions of community elders. And that fact isn’t lost on many candidates at any level. I’ve heard of it at least a couple of other times, and those that live in colony areas can probably relate several more.

Annette Bosworth wouldn’t be the first person who thought she had it all locked up, only to find out she didn’t, and she won’t be the last.

Most people don’t claim that it’s the result of voter intimidation and suppression. But then again, most people don’t falsely attest they witnessed signatures that took place while they were pictured half-ways across the planet.

Jury selection begins today in Pierre for Annette Bosworth’s criminal trial. Stay tuned for updates on the circus as they progress.

From Todd Epp at KSOO:

Whether sports or politics, if you get beat and it was fair and square, you graciously concede and congratulate the winning team, player or candidate.

And..

Apparently, however, defeated Republican U.S. Senate candidate Annette Bosworth and independent Gordon Howie skipped that lesson in campaign school.

Instead, Howie says on his blog that Sen. Mike Rounds, who received over 55 percent of the vote in the Republican primary against four other opponents and then over 50 percent of the vote in the general election against three other candidates, somehow, allegedly, intimidated voters and suppressed the vote in the primary.

Never mind the election was nearly a year ago and this is the first anyone has heard of it.

And…

In the meantime, while the Bosworth trial gets started this week in Pierre, this stunt is the equivalent of yelling “Squirrel!” at your dog. It gets their attention and drives them a little bit crazy.

Read it here.

(In a release just issued by the Attorney Generals office, the AG was ruled correct in what was released in the matter of Richard Benda’s death, and reporter Bob Mercer, who sought the records, had the court rule unanimously against him. – Editor PP)

South Dakota Supreme Court Unanimously Rules the Attorney General Has Followed South Dakota’s Disclosure Law on the Benda Death Investigation

PIERRE, S.D. – Attorney General Marty Jackley announces that the South Dakota Supreme Court unanimously ruled that the Attorney General has followed South Dakota’s disclosure law relating to the Richard Benda death investigation conducted by local, state, and federal authorities.

“The South Dakota Supreme Court, the Trial Judge, and the Chief Hearing Examiner, have all ruled the Attorney General has followed South Dakota’s disclosure law relating to the death investigation of Richard Benda. I am pleased that the Court has applied the rule of law, and recognized the balancing of open transparency with the privacy interests of the family members faced with a tragic situation. Although the Attorney General is allowed to receive court costs as the prevailing party, I have determined to not seek costs from the plaintiff in the interest of avoiding any potential effect it may have on open government transparency under these unique circumstances,” said Jackley.

The Supreme Court concluded that “When the Legislature enacted the South Dakota Public Records Act in 2009, it broadened the presumption of openness in regard to public records”. However, the Court went on to opine that confidential criminal justice information is specifically made confidential by state law, and recognized that “the evidence establishes that the Attorney General took into account the public’s interest in Benda’s death and weighed that against the personal privacy interests of the Benda family.”

“After today’s decision, the final remaining action is for me to publicly address my disappointment in how the federal government has handled this matter. I have expressed my concerns to the Department of Justice regarding its conduct and the appearance of political motivation associated with the handling, timing and publicity regarding the investigation from Washington. The actions of the Department of Justice’s Public Integrity Section were unfair to local federal investigators who worked in cooperation with state and local authorities to properly investigate this matter. I will certainly work with the new administration at the Department of Justice to assist them in properly addressing these concerns,” said Jackley.

On October 3, 2014, Attorney General Jackley advised US Attorney General Holder regarding his concerns associated with the Department of Justice’s handling of the investigation into the EB-5 Visa Program in South Dakota. The Attorney General specifically requested a review into the investigation that was conducted by the Public Integrity Section of the Department of Justice and a determination of whether politics had inappropriately driven decisions associated with this matter.   The Attorney General clearly stated that his “concerns neither pertained to nor are they directed toward any actions of the local federal authorities.” Attorney General Jackley provided General Holder with specific information pertaining to his concerns, including:   the Department of Justice’s aggressive tactics including but not

limited to openly serving subpoenas on cooperative witnesses at their place of employment; failing to attend previously arranged joint meetings with the South Dakota US Attorney’s Office, DCI Agents and the Governor’s Office of Economic Development private attorneys; and potential direct violations of the Rules of Professional Conduct governing attorneys practicing in South Dakota.

On February 3, 2015, having received no response, Attorney General Jackley renewed his request that these significant matters be reviewed and addressed in a timely fashion. To date, no response has been forthcoming. Attorney General Jackley’s correspondence to US Attorney General Holder is included as attachments to this release.

Benda Letters

Funny what you stumble across when doing background research.

In anticipation of Annette Bosworth’s upcoming court case involving allegations of falsely attesting that she witnessed signatures that she actually didn’t (because she might have been in the Philippines at the time), I was reviewing some of the documents involved in her going round & round with the state medical board.

And I stumbled across something interesting in this Argus Leader article by Jonathan Ellis, that I’m surprised have remained quiet until now:

This isn’t the first time that Bosworth has tangled with the board over its disclosure questions.

Now an independent physician, Bosworth worked for Sanford Health in 2010 when she disclosed that she was leaving the Sioux Falls hospital for Brookings. She said she got a notice that her license would not be renewed. After a 14-week investigation, her license was renewed. She was told she had to sign a form saying she had fraudulently filled out the disclosure and pay a $5,000 fine.

She refused. Her license was renewed last year.

Read it here.

(At the time in 2010, I believe she might have been represented by Bill Janklow or another attorney.)

The allegation from the Medical Board that she had fraudulently filled out a disclosure is eerily prescient with what she’s alleged to have done in 2014, when she signed the oath that she witnessed all the signatures on the petitions she claimed she circulated.

The charges Bosworth now face, via an indictment by the grand jury, are six counts of offering false or forged instrument for filing, and six counts of perjury. A little stronger than a license violation, but you’d think after that experience where she fought tooth and nail over the language of the form versus what she believed was accurate information, she would have been equally cautious about filling out the portion of her Senate petitions which clearly stated that as circulator, she witnessed the signatures?

Somehow in 2010, she managed to pull a rabbit out of her hat, keep her license, and not pay a fine. I’d be very interested in the resolution that did take place, and I’m continuing to dig.

But for now, as the trial date approaches, we’ll have to see if she find a lucky foot off of the same old rabbit.

Crime in South Dakota 2014 Publication Released

PIERRE, S.D. -Attorney General Marty Jackley released today the Crime in South Dakota 2014 report. This report is compiled by the Attorney General’s Criminal Statistical Analysis Center (SAC) and is the most accurate and comprehensive compilation of South Dakota criminal statistics as it reflects the actual arrest and reporting information by South Dakota law enforcement. Criminal statistics help identify trend s in criminal activity that assists in crime prevention and enforcement efforts across South Dakota.

“Our criminal statistics reflect a 1% increase demonstrating that over all, South Dakota remains a safe place to live as a result of strong community involvement, law enforcement efforts, and supportive lawmakers. The criminal trends identify reductions in the areas of drug and alcohol offenses, as well as offenses involving juvenile offenders. The trends further identify the need to further strengthen crime prevention efforts for financial crimes, and sexual offenses against children,” said Jackley.

South Dakota law enforcement agencies reported a total of 37,857 arrests involving 65,093 offenses in 2014, a I % increase from 2013 (63,332). The more serious offenses included a total of 16,799 arrests and involve the following: homicide/negligent manslaughter- I 3, sex offenses-! 1 1, assault-4,328,
larceny/theft-3,420, fraud-441, drug/narcotic-5,577, prostitution-41 , kidnapping-29, robbery-63 , arson-27 , burglary-329 , motor vehicle theft- I 46, counterfeiting-79, embezzlement-36, stolen property-91 , destruction of property-579 , pornography/obscene material- I 9, solicitation of a minor- 31 and weapon law violations-163. Less serious offenses totaled 21 ,058 arrestees, involving the following, but not limited to DUl-6,182 (6,535 for 2013), liquor law violations-3 ,524 and disorderly conduct-2 ,362.

Some examples of the South Dakota numbers included a decrease in juvenile arrests 4,888 down from 5,583 in 2013 accounting for 12.9% of the total arrests and an increase in thefts totaling more than $23 million worth of property loss reported. Addressing our juvenile offender concerns needs to involve substantial cooperative efforts from parents, educators, and law enforcement.

The sex offenses and child pornography arrest categories do not include enticement/solicitation of a minor. An additional chart for this category can be found at the end of this release.

For comparison purposes note that some statistics reflect arrest statistics and other identify incident reports.

You can obtain a copy of this year’s Crime in South Dakota report from our website.

(Or you can read it below – PP)

2014 Crime in South Dakota