Jackley on proposed sentence: “No jail” could “be overcome by the defendant’s conduct.”

@SoDakCampaigns

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.

Marty JackleyAttorney 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.

Read it here.

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?

19 thoughts on “Jackley on proposed sentence: “No jail” could “be overcome by the defendant’s conduct.””

  1. Threatening those convicted is a common trait among “the authority” (sorry Vince). Here’s an example of proper punishment for a crime similar.
    >A former Denver child protection worker accused of falsifying records in the case of a 2-month-old girl who was fatally beaten pleaded guilty in the case and has been sentenced.
    Rotchana Madera, 27, was sentenced to two years of supervised deferred judgment and a concurrent sentence of two years of supervised probation.
    Madera pleaded guilty to a felony charge of forgery and official misconduct.
    If Dr. Bosworth goes to jail for election fraud that alone will be the crime.

    1. “Madera pleaded guilty to a felony charge of forgery”

      If Doc Boz had plead guilty instead of costing the state and county thousands of dollars that would be comparable to your example.. Boz is still not accepting responsibility.

        1. I have heard that story before, that she tried to reach a plea agreement. It doesn’t make sense to me that she offered a guilty plea and it wasn’t accepted. It just doesn’t make sense. Consequently I don’t believe it

          1. Why don’t you believe it Anne? o you really think she would want to risk her medical license? No se wanted to settle.

    2. Comparing the case you cited with the Bosworth case shows that you are not very bright, Porter. Just because a Colorado court was too lenient doesn’t impact imposition of a punishment in a South Dakota court.

      This is typical of how liberals like yourself twist things to fit your opinion on a given matter.

      Also, I think your mischaracterization of Jackley’s statements as threatening Bosworth is also silly.

      Also, I can see where you would think that the leniency granted to a social worker for falsifying records-which falsification probably resulted in the child not being granted protection and subsequently dying-was appropriate; you libs have no sense of proportion.

    3. Her conduct has already met that threshold. Her prior bad acts, which the jury didn’t even need to hear in order to convict her of 12 felonies last week, should be admissible at her sentencing:

      1) she and her husband Chad took a $200k loan from a woman in Utah and have left that woman high and dry;
      2) she has previously admitted to defrauding Medicaid and was ordered to pay money back for that offense;
      3) she and her husband took money for a land raffle that never took place, and have never refunded the money to the people who bought raffle tickets;
      4) she admitted at trial that her national direct mail solicitations contained fabrications, so, she deceived people in order to get them to donate to her for her legal problems;
      5) she may have paid a media figure to smear witnesses in her criminal petition case by holding them out for ridicule which could have had a chilling effect on the truth;
      6) she is not at all adverse to bullying others. She has publicly name-called: the poor (food stamp recipients), law enforcement, and her own staff, among others;

      That’s a short list.

      When challenged about her own bullying and bad acts, Annette Bosworth calls herself a “missionary.” Funny how it was Joel Arends who organized the Philippians trip that she trots out as cover anytime she is confronted about her lies, debts and obligations. Yet, I can’t recall too many outlets referring to him as “Bronze-star recipient and missionary attorney Joel Arends.” What does that say about fair and balanced reporting?

      If she doesn’t accept responsibility, and gets probation with an expunged record for TWELVE felonies and everything she put the witnesses in this case through, it will be because the system is biased toward “pretty” people who can get away with sending out misleading mail solicitations in order to hire PR flaks to create smoke screens. What kind of message does that send?

  2. Attorney General Jackley has shown extreme restraint when dealing with the smear merchants and liars known as Haber, Bosworth and Stranahan (and Gordon Howie).

    I still haven’t heard Ravnsborg publicly condemn the Stranahan lies about Marty and since he brought Stranahan to SD to SD he needs to do that before I can take him the least bit seriously.

    The fact that she took 12 out of 12 hits tells the world she’s a pathological liar and doesn’t respect the law.

    Only if she admits she broke the law and admits she had been smearing Jackley should shé get a slap on the wrist. She should lose her licence either way.

    She abused the sacred election process and should take a hit for such abuses.

    Her character is extremely low.

    1. The fact that she was found guilty on 12 of 12 tells me she’s an idiot. What other pathologies she might suffer from, I don’t know, but that one is clear.

      I think 1 year, suspended for a year, a $48K fine (to pay for the trouble & effort of her requiring a court to point out how stupid she’s been), and a couple years’ probation would be an appropriate sentence. She behaves herself for 12 months and she avoids jail all together. She screws up again and it’s behind bars for a year plus whatever sentence she gets out of that screw-up.

  3. Jail would be too tough for this penalty. But, given the continual nonsense and behavior maybe that is the wakeup call she needs? Course, a couple of the scoundrels around her will monetize the penalty no matter what it is.

  4. 1-5 years in Prison would be very reasonable with parole for good behavior. She could of accepted full responsibility like she always claimed during her campaign but was reluctant to do so in this case. Some time in prison would be a good opportunity for her to learn and get a fresh start afterwards.

    Chad could be running the “Free Annette Bosworth” fundraising scheme off the Internet and mailing list from Base Connect so they should be doing good financially. Orange is the new Bosworth

    1. Did you read the letter to the SD medical board and Governor Daugaard from Dr Talley, former Dean of the SD Medical School?

  5. Tara, I would possibly consider not referring to Dr. Talley. He may have stood up for Annette the first time she got costs-wise with the medical board but he might not again.

    1. I doubt that Troy. Why are you guys on the bandwagon with Cory Heidelberger, or should I say, is he on the bandwagon with SDWC?

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