Press Release: Eighth Circuit Court Enters Order Holding Same Sex Appeals in Abeyance

Eighth Circuit Court Enters Order Holding Same Sex Appeals in Abeyance

Marty JackleyPIERRE, S.D. – Attorney General Marty Jackley announced today that, on its own motion, the Eighth Circuit Court of Appeals entered an Order deferring oral argument and consideration of South Dakota’s same sex case Rosenbrahn v. Daugaard. The Eighth Circuit entered similar orders in the Nebraska, Missouri and Arkansas cases. The Eighth Circuit deferred the cases pending the United States Supreme Court’s decision in same sex cases Obergefell, et al. v. Richard Hodges, etc. The Eighth Circuit’s Order was entered one day following the Supreme Court hearing oral argument in the Obergefell same sex cases. It is anticipated that the Supreme Court will decide the cases prior to the Court’s adjournment at the end of June.

“Based upon the oral argument at the U.S. Supreme Court, it appears the Supreme Court may well decide the issues that South Dakota and the other states have appealed. In the event there are any issues left to be decided, the Eighth Circuit will still have the ability to consider the pending cases,” said Jackley. “It remains my position that the decision whether South Dakota should permit or recognize same sex marriages is a question for our citizens and state legislature, not the federal courts.”

In November 2006, South Dakota voters approved a constitutional amendment making marriage valid only between a man and a woman. South Dakota voters approved this amendment by a vote of 172,242 to 160,173. South Dakota Constitution Article XXI, Section 9 defines only marriage between a man and a woman shall be valid or recognized in South Dakota. In addition, SDCL 25-1-1 defines marriage as a personal relation between man and a woman.

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US Supreme Court Upholds Ban on Personal Solicitation of Campaign Funds by Judicial Candidates

US Supreme Court Upholds Ban on Personal Solicitation of Campaign Funds by Judicial Candidates

Marty JackleyPIERRE, S.D. – Attorney General Marty Jackley announced today that the United States Supreme Court upheld a state ban on personal solicitations of campaign funds by judicial candidates. Petitioner Lanell Williams -Yulee mailed and posted online a letter soliciting financial contributions to her campaign for judicial office. The Florida Bar disciplined her for violating a rule prohibiting such personal solicitations.

Recognizing that public perception of judicial integrity is a “state interest of highest order,” the Court rejected Yulee’s claim that her First Amendment rights were violated by the ban. The Court found that a personal appeal for money by a judicial candidate, rather than a campaign committee, inherently creates an appearance of impropriety that may cause the public to lose confidence in the integrity of the judiciary.

“Today’s decision affirms South Dakota’s law permitting judicial candidates to establish a campaign committee to solicit and accept campaign contributions, but prohibiting direct solicitation of campaign funds,” said Jackley.

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Are you on the “Do Not Call List” and got the Robocall Last Night? You may have a recourse.

Have you registered for the “Do Not Call List?”  And did you receive the “Peter Waldron/Annette Bosworth” robocall?  If so, there may be a recourse for you:

Before you file a complaint regarding a telemarketing call, please read about the types of calls exempt from the Do Not Call law.

  • Calls from or on behalf of political organizations or candidates, charities and telephone surveyors are allowed.
  • Calls from companies with which you have an existing business relationship (collection agencies, credit card companies, Internet service providers, etc.) are allowed.
  • Additionally, a company may call you for 18 months after you make a purchase or three months after you submit an inquiry or application.
  • Calls from companies you have given permission to call are allowed.

You may file a complaint with the PUC online or by phoning 1-800-332-1782. You must know either the name or the phone number of the telemarketer that called you. You must also provide the date the telemarketer called and your registered phone number.

After receiving a complaint from a South Dakota consumer, the PUC will research the complaint. After completing its research, the PUC will contact you with the results and will discuss any further action that may be taken. If the telemarketer appears to be in violation of South Dakota law, the matter may be brought before the PUC for enforcement action. A telemarketer can be fined up to $5,000 for each occurrence.

Read that here.

Since to my knowledge “No Compromise Group” is a private and not political entity, and not registered as a political organization, and I don’t have a business relationship with them, nor bought anything from, or given permission to call me……  I’m kind of thinking they’ve broken the rules.

The hunt for the Bosworth Legal Fund records. Does there need to be a law?

If you recall yesterday’s pro-Bosworth Robocall (Which you read first at SDWC, of course) made by Peter Waldron representing the made up organization “No Compromise,” which I’m assuming also means “no accountability,” someone raised the question asking “who is all behind this latest scheme? are they registered somewhere?”

And unfortunately, the response is likely “No.”

Because unlike a political campaign, there’s little or no accountability regarding who has donated, or how the money is spent. In fact, if you look at one of the fundraising letters from the Annette Bosworth Legal Support Fund (See page 9, specifically):

Bosworth Appeal December 2014

This Legal Defense fund is not a campaign contribution, and is not reported to or regulated by the Federal Election Committee.” Whatever that is, since it’s actually the Federal Election Commission. And it continues… “Contributions to this legal defense fund are not tax deductible. There are no limits to the minimum or maximum amount contributed to this Legal Defense fund contributions go directly towards the personal support of Dr. Annette Bosworth.

If this was a political campaign, we’d have reasonable assurances of how the money was coming in, and how it was going out. Same thing if this was a non-profit organization organized under certain IRS rules.

But it’s neither. It’s a legal defense fund. And with activities such as Lee Stranahan’s active media campaign against the Attorney General and Republicans, as well as yesterday’s robocall in support of Bosworth side of the upcoming trial, it begs the question of how much money came in, and how is the money is being spent?

Who is there to ensure fair dealing for legal defense funds set up to defend criminal charges arising from political campaigns? Well, in South Dakota, no one. Because it really hasn’t come up. Until now.

Marty JackleyI posed the question to Attorney General Marty Jackley, who in addition to prosecuting Annette Bosworth would likely be called on to enforce any laws surrounding murky Legal Defense funds. I specifically asked Marty “are “legal defense funds” such as the one Bosworth is using to raise and spend money for her defense subject to any state reporting for receipts and expenditures?”

Jackley noted, “The appropriateness of legal defense funds is really fact specific and can fall into a gray area of the law.  Depending upon the circumstances it may give rise to or fall under State Deceptive Acts, Federal Election Law issues, Tax issues, and the Rules of Attorney Professional Conduct.  South Dakota does not have specific laws that regulate Legal Defense Funds such as other states like Michigan and North Carolina which regulate Legal Defense Funds as they pertain to public officials brought into court in connection with their official duties.”

The Federal Election law issues that Jackley brings up potentially opens up a can of worms for sitting members of Congress. But Bosworth is anything but. So, what are the Federal Election rules her legal defense fund IS required to follow?  According to opencongress.org and Public Citizen:

Here are the main features of a legal defense fund for members of Congress:

  • The fund must first be approved by the respective body’s ethics committee.
  • The individual must appoint a trustee to manage the account.
  • All the funds must be used to pay only for investigative, civil, criminal or other legal proceedings relating to an officeholder’s election to office, official duties while in office and administrative or fundraising expenses of the trust.
  • Contributions to the fund are limited to $5,000 per year in the House from any single source, and $10,000 per year in the Senate. House rules prohibit contributions from lobbyists and foreign nationals; Senate rules prohibit contributions from lobbyists, foreign nationals, corporations, unions and any member’s principal campaign committee.
  • Campaign funds may be transferred by any officeholder into a House member’s legal fund. [Federal Election Commission, Advisory Opinion 2000-40, 2003-15] The use of campaign funds by a legal defense fund, however, must be strictly for legal and administrative expenses associated with the fund and not for personal expenses. Contributions to the fund do not count toward a donor’s limits on campaign contributions or gifts to officeholders. An individual and the individual’s immediate family may make unlimited contributions to their own fund.
  • Quarterly financial reports must be filed with the Legislative Resource Center in the House or the Secretary of the Senate. House and Senate reporting requirements are substantively the same but differ in some technicalities. For example, in the House, the filings shall disclose all contributions and expenditures of $250 or more per year, including the full name and street address of donors and recipients of expenditures. In the Senate, the reporting threshold is $25 per year.

While most legal expenses related to election contests for candidates who are not officeholders must be subject to the limits and reporting requirements of federal election law, members of Congress thus far have been permitted to finance their legal expenses with either surplus campaign funds, legal defense funds established under ethics rules, or both.

Read it here.

So, how does that apply to Dr. Bosworth? If you’ll note, it indicates “most legal expenses related to election contests for candidates who are not officeholders must be subject to the limits and reporting requirements of federal election law.”  Which in an initial reading would make you think that there could be reporting required to be done. That’s IF the Senate Select Committee on Ethics asserts authority over former candidates.

A search of opensecrets.org failed to indicate a Bosworthian Legal Defense fund being operated as a 527 or other entity. (I’m currently awaiting a return call from the US Senate Select Committee on Ethics regarding the question if whether Bosworth is actually required to report or register a Legal Defense fund).

So, currently, there’s no information available to determine who has donated, and how it has been spent. And other than peripheral issues such as federal tax liability, and Federal Campaign Law which may or may not apply, there’s not much information out there.  And in South Dakota, the law simply does not address it.

Which begs the question – “Should it?”

I asked Attorney General Jackley if he would support legislation to increase the transparency of such funds to prevent fraud and abuse in both the raising and expenditure of proceeds?  He noted that “as Attorney General I would support reasonable legislation that would increase transparency of funds in order to prevent fraud and abuse in raising and expenditure of these funds so long as it does not affect the Constitutional rights of defendants.”

So does there need to be a law regarding the use of murky legal defense funds in court proceedings?

Pro-Bosworth Robocall hitting phones tonight asking for prayers. (But not justice) UPDATE – Now, with recording of call

Annette BosworthI just received a Pro-Annette Bosworth robocall from someone claiming to be Peter Waldron  (a shamelessly self-promoting political organizer) who went on for about 2-3 minutes claiming that we all need to pray for Annette, so her patients won’t be without a doctor. It spoke about how she’s in the situation she is because she allegedly relied on “bad information from her attorney.”

It also blathered on about the unjust prosecution from the Attorney General, praying for her husband and kids, her attorneys, etc.

I don’t know that I’ve ever had a robocall before with regards to a trial taking place 200 miles away asking for my prayers and seeking to sway public opinion. Just another weird and eminently stupid episode in the pre-trial media campaign surrounding Annette Bosworth’s prosecution.

Upon reflection after the call, I have to say that I didn’t notice them asking for things like justice or the rule of law. (Because Dr. Boz might be in big trouble if that happens!)

Update – A reader reports after his Boz robocall…..

I just received a poor me, robo call, saying donate money and pray and pray and pray for ol Bos.

It says she is the only person in the United States to be charged with phony signatures on a petition and how could they be phony, if they were actually person who really supported her. It took me 20 minutes to quit crying for poor ol Bos.

After going through several attorneys, Accused former US Senate Candidate Clayton Walker still awaits a trial date.

Democrat Clayton Walker, whose 2014 petition for US Senate was ‘signed’ by such luminaries as “Jeff Bridges,” “Ryan Reynolds,” and “Bambi Lake,”  is still awaiting trial as the prosecution of his case proceeds forward.  If you recall, Clayton was arrested for allegedly falsifying signatures on his petitions. And was arrested again for calling several state offices threatening and harassing employees.

The Attorney General’s office is reporting to SDWC that a motions hearing is in the process of being scheduled in the case, and will likely be held on April 29th.

While the events in this case took place early last year, Walker himself has likely been the cause of many of the delays in the matter. As his third attorney was attempting to jettison the case, a February Capitol Journal Article noted that Walker was ordered to undergo a psychological evaluation and a competency hearing was possibly going to be scheduled:

“I think rather than spelling everything out … I’ll just say I can’t work with him,” Rensch said. “I can tell you based upon what happened that we have become adversarial.”

In a written response to Rensch’s motion, Walker said the attorney/client relationship couldn’t have been broken because they had only met once. Walker also accused Rensch’s staff of lying to the lawyer and accused Rensch of wanting to withdraw from the case because it had become “politicized.”

“My attorney only wants to wiggle out of my case because he found out how highly politicized this case is with election fraud by the state and a cover up by a state university,” Walker said in a written statement asking for a hearing on Rensch’s motion to withdraw.

and..

Brown denied the motion saying Walker’s trouble working with his lawyers was causing the delays.

Walker’s trial date was not been set, Brown said, because he want to wait for the results of Walker’s evaluation and hold a competency hearing.

Read it all here.

The Walker case is the second case of alleged petition signature inconsistencies that the Attorney General’s office is prosecuting from the 2014 US Senate Race, with the first being the Annette Bosworth matter, which is scheduled to go to trial in May.

Oral Arguments Set for Greenhouse Gas Regulations Case

Oral Arguments Set for Greenhouse Gas Regulations Case

PIERRE – Attorney General Marty Jackley announced today that the D.C. Court of Appeals will hear oral arguments in West Virginia v. Environmental Protection Agency (EPA) lawsuit today. South Dakota joined ten other states in a lawsuit challenging the legality of the 2010 settlement agreement the EPA entered into that required the EPA to propose new greenhouse gas regulations upon existing coal fired plants.

“Protecting the environment through reasonable regulation and enforcement is important to South Dakota. The process and unprecedented action taken by the EPA to expand its authority is unnecessarily affecting economic development and our agricultural industry in South Dakota. In the end these attempts at regulation will only work to stifle economic development, and increase energy prices upon the consumer,” said Jackley.

In 2014, South Dakota joined the West Virginia lawsuit asking the Court to hold the settlement agreement unlawful, and to enjoin the EPA from implementing any final coal fired power plants rule under 111(d) of the Clear Air Act.

Bosworth Trial coming up in about 30 days. Watch for the pretrial silliness to accelerate.

If you noticed in the right hand RSS feed column, Gordon Howie used his crayons this morning and is slobbering over Annette Bosworth by grabbing pictures off of her facebook page and elsewhere to try to convince people that we should have sympathy for her.

Why? Well, because she’s a mom and doctor, or course.  Albeit, a mom and doctor facing around twenty or so felony charges.

So, why is Gordon investing so much effort to defend an accused felon?

As has been orchestrated since her arrest last year (wearing pearls, with publicist in tow), the continued laments of Gordon in Defense of Bosworth would appear to be just another piece in some weird pre-trial publicity plan of team boz where her allies attack the prosecutor, discredit the witnesses against her, and try to portray her sympathetically to the Hughes County jury pool.

The common thread seems to be that both Team Bosworth and Howie share(d) the services of former sado/masochism pornography photographer Lee Stranahan. Bosworth has used Stranahan for publicity since slightly before her arrest, with Stranahan also acting as spokesman for her husband, Chad Haber in his laughable race for Atty General as a Libertarian. At the same time, Stranahan also did video and other work with Howie in his latest failed campaign .

The Annette Bosworth fraud trial is currently scheduled to begin on May 18th with jury selection, and testimony commencing about May 20th if everything takes place on schedule.

With that day drawing ever closer, it’s interesting to note that Stranahan has returned to SD, as noted by those observing his presence at the conservatives lunch last week.

Are we guessing when I argue that he’s traveled back to the state to be on-site for more on the weird Bosworth three pronged pre-trial publicity strategy? (Step up the rhetoric attacking Marty Jackley, Attack witnesses, and Portray Annette in a favorable light). I’m not so sure.

Could I be wrong about that? Sure. It’s entirely possible.

But let’s see how many manufactured stories we see pushed in the next thirty days.

Regardless of whether any publicity plan exists in the minds of the players or not, with the damning mountain of evidence against her, much of it written with her own hand, in about 30 days it could be just a matter of going through the motions for a conviction to take place.

And the circus might finally leave town.

Press Release: State Will Not Seek the Death Penalty for Alexander Salgado

State Will Not Seek the Death Penalty for Alexander Salgado

PIERRE – Attorney General Marty Jackley and Hanson County State’s Attorney Jim Davies announce today that in the interest of justice and based upon the totality of circumstances in the case, that it will not be their intent to file a Notice to Seek the Death Penalty and breach of agreement in the Alexander Salgado case. Alexander Salgado and Maricela Diaz, a juvenile at the time, were both arrested in November of 2009 for luring Jasmine Guevana to a remote location in rural Hanson County where they stabbed her, cut her throat and then set her car on fire while she was in the trunk.

“I and the State’s Attorney were present when Alexander Salgado entered the plea agreement and provided the horrific details of how he and Maricela Diaz murdered a 16-year-old little girl. Upon reviewing Salgado’s recent trial testimony, it is my opinion that he has failed to satisfy even the most basic conditions of his plea agreement. However, based upon all of the circumstances, including discussions with Jasmine’s family members and the State’s Attorney, I do not believe it is in the interest of justice or South Dakota to move forward with the death penalty particularly in light of the fact that Salgado is presently serving a mandatory life sentence without the chance of parole. I struggle to believe that Jasmine’s family will ever find closure, but I hope that the completion of these trial matters will allow them to begin to heal,” said Jackley.

On November 24, 2009, Alexander Salgado (20), from Fort Wayne Indiana/Dereo Mexico, was indicted for the murder of 16-year-old Jasmine Guevana. On July 12, 2010, the State provided notice of its intent to seek the death penalty. Salgado plead guilty to second degree murder on August 30, 2010, and is currently serving a life sentence without parole at the South Dakota Penitentiary. As a condition of his plea agreement, the state withdrew its Notice of Death Penalty and Salgado set forth detailed factual bases regarding his and Diaz involvement in the murder of Jasmine. Defendant further acknowledged “that any misrepresentation or omission made during the course of Defendants debriefings and cooperation with law enforcement may result in revocation of this agreement at the State’s discretion.”

During the recent trial of his co-defendant Diaz, it is the State’s position that Salgado failed to adhere to the simple conditions and requirements of the plea agreement, said testimony being of public record. At her trial, Diaz was convicted of first degree murder. On March 27, 2015, Diaz was sentenced to serve 80 years for first degree murder and 50 years for kidnapping to run concurrently.

Lee Stranahan, and the manufactured attack narrative against Marty Jackley.

stranahan_advI’m on Facebook recently, and I had the following sponsored ad pop up, promoting yet another ridiculous article by former sado/masochism pornography photographer Lee Stranahan, as he continues promoting a campaign against South Dakota Attorney General Marty Jackley.

This of course came on the heels of a press conference Stranahan held in Washington accusing Jackley of “criminal wrongdoing,” which was ignored with the exact same level of blasé by the Washington DC Area press that South Dakota Reporters previously have had for Stranahan’s silliness.

As you’ll notice in the ad on the left, it talks about how “Marty Jackley’s prosecutors” did this or that. But, that’s not exactly truthful.

In this case, they weren’t “Marty Jackley’s” prosecutors. In any way, shape, or form. They were State Attorneys, elected by the people of their county, and completely independent of the Attorney General.

But that’s pretty typical, and stands as one of the biggest problems with the “news stories” that Lee Stranahan has produced as he throws out stories accusing Jackley. They ignore glaring errors, and play up speculation of things that aren’t known at all.

It’s unclear why exactly Stranahan continues his pursuit, making outlandish accusations against South Dakota state & county prosecutors, and the Judiciary in what he characterizes as a scandal. After serving as a paid Annette Bosworth campaign consultant, and contributing to what most would consider a glorious mucking up of her criminal case, his antics caused at least one of her several attorneys to demand he cease association with Bosworth.

Yet, the silliness continued. And still does.

Stranahan’s storied past, including allegations of scams, cons, and other undesirable acts, don’t exactly paint him as a reliable source of news. Not only that, but as we saw with Bosworth, he has a tendency to harm those he claims to champion.  In fact, given that there have been a series of sponsored facebook ads, it leaves one with a sense of wondering who exactly is paying money to promote the messages?    And why?

Unfortunately, a lot of Stranahan’s antics do a grave disservice to a lot of things, including the truth.

First and foremost, many of these stories (and I use that term in a couple of definitions) are expressly and specifically directed at the Attorney General Marty Jackley. Despite the fact that Marty is peripheral, at best, to the matter that Stranahan goes on about, and didn’t prosecute the case.

What we do know conclusively is that Marty was one of the people stuck dealing with the aftermath.

As Attorney General, Marty Jackley is in charge of DCI, or the Division of Criminal Investigation. The Division of Criminal Investigation in South Dakota is often called in to provide specific expertise that many local law enforcement agencies aren’t able to supply themselves, and Special Agents conduct investigations on major felony cases, as they did in the case of the matter of the Mette investigation.

The investigation in the matter of the Mette family and the abuse of foster children at some point seems to have taken a sour turn, and while never indicated publicly, it seems that several things happened in the conduct of the investigation. Things that we can guess prosecutors thought could cost them the ability to pursue it.

The investigation involved issues of horrific child abuse, a type of case that is well noted among experts in law enforcement to be among the most difficult kinds of cases to work with.  As the FBI notes:

“Traditional law enforcement interviewing methods used in typical adult cases are counterproductive when it comes to child victims or witnesses to crimes,” said Stephanie Knapp, one of the Bureau’s four child forensic interviewers. “Sometimes you see unsuccessful outcomes in cases because of poor interview techniques. In many cases of child abuse, for example, where the victim is the only witness, the interview may be a critical element of the investigation.”

And..

Although they follow time-tested protocols, interviewers acknowledge that working with children is an art as well as a science, requiring experience and intuition. “You have to understand and follow the protocols,” Blackwell said, “but it’s also essential that you connect with the kids so that they trust you.”

Read that here.

Investigators and child advocates came into the case, and after a short time were accused of possibly coaching the children on what to say. Into this scenario came DCI investigator Mark Black, who claimed to both interview the children involved, as well as to investigate accusations of witness tampering. And the ambiguity coming out of what happened here seems to be the focus of much of the rhetoric that Stranahan is trying to twist and gin up in his mindless pursuit of Jackley, because much of “what happened” is not public.

Why? Because it involves underage crime victims. It involves personnel matters. And in either case, there’s not much that’s ever going to come to light.

But once in a while you get a hint dropped along the way like a breadcrumb. As noted by the Argus Leader in 2014 with regards to the 2012 case:

Jackley said he had asked North Dakota investigators to look into Black’s behavior in late February, but that the agent’s questionable behavior extended beyond the high-profile case of former advocate Shirley Schwab and former prosecutor Brandon Taliaferro.

By February, Black was accused of domestic abuse by his ex-wife, who took out a temporary protection order against him early this year. The order was not made permanent, but a hearing outlining accusations from Black’s ex-wife was held March 13. The temporary order was extended for 10 days and dismissed March 24.

By then, Black had been terminated.

“I think it’s fair to say that (the witness tampering investigation) was a factor,” Jackley said Friday. “If you were to ask about the protection order issues, I would say that was a factor, too. It was the totality of the circumstances.”

Read it all here.

In addition to what happened with Mark Black, Michael Moore the Beadle County state’s attorney prosecuting the matter had brought witness tampering charges against others involved in the case, which were later dismissed for lack of evidence.

We have an investigator accused of questionable behavior, partially in connection with the case. We have others whose conduct in the matter which had been brought into question. And on top of it all, the crime involves children who may or may not have been willing to take the stand, as well as possibly being the only witnesses in the case.

That seems to leave prosecutors in the unenviable position of trying to figure out what’s left to build a criminal case from to accomplish the ultimate goal – to put a bad, bad person in jail for as long as they could.

Richard Mette, the perpetrator in the sexual abuse case ended up getting a plea agreement of 15 years in prison, which might seem light to some. But in an investigation that apparently was experiencing evidentiary problems as this one did, sometimes a prosecutor – in this case, Michael Moore – is forced to move forward and procure the best deal they could. And we ended up with the 15-year plea agreement.

What really happened to cause problems with the case is arguably something we’ll never know. But as noted, what we do know is that – far from the wild accusations that Lee Stranahan makes of ridiculous grand conspiracies of abuse of power and corruption – the State’s attorney put the bad guy in jail, as best he could with what he had to work with. And, as the person responsible for DCI, Jackley was left to clean up an ugly mess contributed to by one if it’s agents, which was cited by the AG as part of the reason for the agents termination.

Lacking conclusive proof as to exactly what happened, anything else is just what those with overly fertile imaginations want to plant as their narrative, with sponsored facebook links and all.

It’s especially telling that in all of the weaving of this fairy tale by Lee Stranahan, all along the path, Stranahan’s smearing and false narrative of Marty Jackley doing bad things is constantly tied back to his prosecution of Annette Bosworth for fraudulently attesting to witnessing petition signatures.

It was in the beginning. And it continues to be to this day.

We can only hope that when the Bosworth trial happens in May that the silliness, and the sponsored facebook ads, finally go away.

As Lee Stranahan should.