Category: Statehouse

Jackley critical of Dept of Justice for lingering on EB-5

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This just popped up – The Argus is reporting that South Dakota Attorney General Marty Jackley is unhappy with the US Department of Justice lingering on their investigation of the EB-5 matter, which remains open with no apparent activity, and possibly may be open simply for political reasons:

Jackley’s investigation was completed in about six months. The federal probe, however, is now at least two years old.

“That was a long time ago,” Jackley said. “So I guess it begs the question of what are they looking at.”

Although the department indicated that it remains open, there doesn’t appear to be activity.

and…

“I’ll tell you, I’m less than happy with them,” Jackley said.

Jackley says he hopes to talk more about the Department of Justice’s role in the investigation, but he’s waiting first on a ruling from the state Supreme Court. The attorney general’s office is defending itself from a lawsuit brought by journalist Bob Mercer, who is trying to force the office to release more information about the Benda investigation. The hearing is later this month.

Jackley said that local federal officials did a good job, but he has different feelings for federal officials in Washington.

“I had expressed during the process concerns of how the Department of Justice was handling matters,” he said.

Read it all here.

Pot advocates planning on two ballot measures to make access to drugs easier.

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According to the Argus Leader this morning, pot advocates are planning 2 measures for the 2016 ballot. One, for ‘medical marijuana.’  The other? To reduce the penalty for when they’re caught with ‘medical marijuana,’ a.k.a., decriminalization. 

 Organizations have submitted two proposals to the Legislative Research Council that could potentially wind up on the 2016 presidential election ballot. 
One would establish protections for medical marijuana. The other would ease some of the punishments for recreational users. 
 “Decriminalization would ease that burden for the legal system to prosecute real problems, like methamphetamine and rape,” said Ryan Gaddy, administrator for South Dakotans Against Prohibition. “Non-violent offenders aren’t hurting anybody.”

Read it all here.

So, “Decriminalization would ease that burden for the legal system to prosecute real problems, like methamphetamine and rape?”

But as a gateway drug, isn’t pot use the constant when they arrest users/dealers of meth? 

And it seems that there are plenty of real problems just with pot itself. Just ask the uptstanding Sioux Falls citizen-pot users involved in this case going to jail for a couple of years.

I suspect South Dakotans will once again reject these measures, despite it being trendy among liberals.

Press Release: United States Supreme Court Denies Rodney Berget’s Petition for Relief

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United States Supreme Court Denies Rodney Berget’s Petition for Relief

PIERRE, S.D. – Attorney General Marty Jackley announces that the United States Supreme Court has denied Defendant Rodney Berget’s petition Writ of Certiorari.

“The United States Supreme Court has denied Rodney Berget’s request to overturn his conviction and capital sentence for the murder of Correctional Officer Ronald ‘RJ’ Johnson. I believe due process has been satisfied and that the interest of justice has been served,” said Jackley.

On February 6, 2012, Berget was sentenced to death for the 2011 killing of Senior Corrections Officer Ronald ‘RJ’ Johnson during a failed attempt to escape from the Sioux Falls Penitentiary. Berget was serving a life sentence for attempted murder and an additional life sentence for raping a convenience store clerk.

In January of 2013, The South Dakota Supreme Court affirmed 11 issues, including the appropriateness of the death sentence for Berget’s crime. However, the Court reversed the original sentence because the admission of statements Berget made to a psychiatrist violated Berget’s right against self-incrimination and remanded the case to the trial court for a limited re-sentencing and the opportunity for Berget to call the psychiatrist as a witness. At the re-sentencing, Berget did not call the psychiatrist as a witness but sought to introduce alleged new evidence regarding his family as mitigation against a new death sentence. The trial court again sentenced Berget to death by lethal injection.

Berget appealed from the trial court’s re-imposition of a death sentence claiming that the Court should have opened up the record to take his additional family evidence. The South Dakota Supreme Court rejected Berget’s appeal, citing the fact that Berget had a full opportunity to present all his desired mitigating evidence at his original sentencing. Berget petitioned the South Dakota Supreme Court to rehear his appeal, which the court denied in an order issued October 17, 2014.

Berget is scheduled to be executed between the hours of 12:01 a.m. and 11:59 p.m., during the week of Sunday, May 3, 2015, through Saturday, May 9, 2015, inclusive, at a specific time and date to be selected by the Warden of the State Penitentiary. Berget may seek the right to file additional habeas proceedings in order to stay the sentencing date.

Bosworth trial delayed. Time for more letters?

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The Bosworth Trial will be delayed until May? NOOOOOOOO!

Good gosh, we’re going to be treated to another dozen letters, and three times as many missives from Gordon Howie how she should be let off.

From Tony Mangan at Today’s KCCR News:

Sioux Falls physician Annette Bosworth was scheduled to stand trial starting Monday in Hughes County Circuit Court. That trial has now been rescheduled for May 18-22.

Bosworth was a candidate in June Republican U.S. Senate primary. After the election, she was  indicted by a grand jury in June for six counts of offering false or forged instrument for filing and six counts of perjury.  The charges carry a maximum punishment of 24 years in prison and $48,000 in fines. 

Read it all here.

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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