Guericke Motion to Continue in Gear Up Case Granted

PIERRE, S.D. – Attorney General Marty Jackley confirms that 1st Circuit Court Judge Bruce Anderson has granted Daniel Mark Guericke’s Motion to Continue Jury Trial in the Gear Up case. As noted in the State’s Response to Defendant Guericke’s Motion to Continue Jury Trial,  the State  has opposed the motion on the grounds that  “this matter has been significantly delayed and justice requires a resolution in this matter.” Over the State’s objection, the jury trial that was scheduled to begin on July 9, 2018 has been tentatively been scheduled for October 1-12th, 2018 in Sioux Falls.

The jury trial for Stephanie Hubers will commence on June 25, 2018, in Sioux Falls.

The three defendants were indicted on April 14, 2016, on the following charges:

Daniel Mark Guericke, 58, White Lake, 2 counts of falsification of evidence, class 6 felony, punishable by up to 2 years imprisonment in the state penitentiary and/or $4,000 fine, 4 counts of conspiracy to offer forged or fraudulent evidence, class 5 felony, punishable as a Class 6 felony, with a maximum sentence of 2 years imprisonment and/or $4,000 fine.

Stephanie A. Hubers, 43, Geddes, 1 count of grand theft, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine, 2 counts of grand theft by deception, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine, 3 alternative counts of receiving stolen property, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine.

Stacy Lee Phelps, 42, Rapid City, 2 counts of falsification of evidence, class 6 felony, punishable by up to 2 years imprisonment and/or $4,000 fine, 2 counts of conspiracy to offer forged or fraudulent evidence, class 5 felony, punishable as a Class 6 felony, with a maximum sentence of 2 years imprisonment and/or $4,000 fine.

Below is a link to the State’s Response: https://atg.sd.gov/docs/Gear%20Up%20Response%20to%20Defendant%204.27.2018%20.pdf

 

 

 

 

 

 

 

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Rounds, King Introduce Bill to Allow Local Meat and Poultry Products to be Sold Across State Lines

Bill would open up new markets for small producers and processers

WASHINGTON—U.S. Sens. Mike Rounds (R-S.D.) and Angus King (I-Maine), today introduced the New Markets for State-Inspected Meat and Poultry Act. The bipartisan bill would allow meat and poultry products inspected by state Meat and Poultry Inspection (MPI) programs to be sold across state lines.

Currently, there are 27 states with inspection programs, certified by the Food Safety Inspection Service (FSIS), which meet or exceed federal inspection standards. However, products processed at these FSIS approved state MPI inspected facilities are not currently allowed to be sold across state lines.

“At a time of economic downturn within the ag sector, opening up new markets for South Dakota producers is critically important,” said Rounds. “Currently in South Dakota, cattle, sheep, swine and goat products are limited to markets within the state even though they are required to go through inspection at an FSIS-approved state facility. Because the state inspection programs are required to be ‘at least equal to’ or better than the federal inspection standards, products that pass state inspection should be able to be sold across state lines. Our bipartisan, commonsense bill will create new markets for producers and give consumers more choices at the grocery store, while continuing to maintain the high quality and safety standards necessary to keep consumers healthy.”

“Maine farmers and producers who meet or exceed high-quality state inspection standards for their meat and poultry should have the freedom to access new markets in other states,” said King. “It makes no sense that a local farmer should have to jump through extra federal hoops to compete outside of Maine if they have proven the quality of their product at a federally-approved state facility. This common sense legislation gives our state’s agricultural sector more flexibility to expand its customer base and bring Maine-made meat and poultry products to people throughout the country.”

“We’d like to thank Senator Rounds for his commitment to the independent cattleman and processor,” said Kenny Graner, President of the United States Cattlemen’s Association. “The New Markets for State-Inspected Meat and Poultry Act of 2018 will strengthen local economies by allowing meat and poultry products inspected under State meat inspection programs to be sold across state lines. This opens access to new markets that were previously unavailable due to outdated federal regulations. Facilities operating under a State meat inspection program have to jump through the same hoops as those regulated under the federal meat inspection program. For South Dakota, this means that the 80 state-inspected establishments will be able to sell South Dakota beef across state lines to nearby Minnesota, Nebraska, Wyoming, and others. The idea that beef from approved South American countries may be sold across state lines in the United States, while state inspected products can’t go from South Dakota to North Dakota illustrates the inequities of our current law.”

This legislation is supported by the United States Cattlemen’s Association, the South Dakota Farm Bureau, the Maine Farm Bureau, the South Dakota Pork Producers, the South Dakota Meat Inspection Program Director, South Dakota Governor Dennis Daugaard, the South Dakota Stockgrowers and the South Dakota Cattlemen’s Association.

Sen. John Thune (R-S.D.) is an original cosponsor of this legislation.

More information on the bill is available HERE.

Noem Economic Plan Builds on Trump Push for Military Families

WATERTOWN, SD – Kristi Noem today issued the following statement after President Trump signed an executive order to enhance employment opportunities for military spouses:

“It’s going to take strong state leadership to fully implement President Trump’s vision for our country, and expanding opportunities for military families is a clear example of that. As the White House pointed out, more than 20 percent of military spouses cite state licensing regulations as one of their greatest challenges. I want to change that reality for South Dakota’s military families and help advance President Trump’s agenda.

“Those who serve are asked to move a lot. They might be in Texas one year and at Ellsworth the next. As governor, I will look for opportunities to fast-track veterans and military families through the licensing process, letting their experience count so it’s easier to work in South Dakota.”

Earlier this spring, Noem released a comprehensive agenda to kickstart South Dakota’s economy, which included a review of state licensing requirements, among other things. More specifically, Noem will direct the Department of Labor and Regulation, working with state professional organizations, to conduct a full review of licensing requirements. The review must explore: (1) the potential elimination of unnecessary professional licenses, (2) opportunities to streamline existing processes, including strategies to increase web-based tools, and (3) options to fast-track apprentices, technical school graduates, veterans, and military families, letting experience count so it’s easier to work in South Dakota.

President Trump’s executive order encouraged agencies to hire military spouses. According to a recent survey from Blue Star Families, about three-fourths of respondents said being a military spouse negatively impacted their careers. Another study by the U.S. Chamber of Commerce found the military spouse unemployment rate stood at 16 percent in 2017.

A new private poll released this morning contends that both Marty Jackley and Kristi Noem are in a dead heat in the Republican Gubernatorial Primary race:

To: Interested Parties

From: Blake Harris, Leverage Public Strategies

Date: May 10, 2018

Re: South Dakota Republican Primary for Governor

Leverage Public Strategies is a political consulting and public opinion research company with candidate and non-profit clients across the country. From time to time, LPS surveys Republican races of interest around the U.S. to keep tabs on conservative voter opinions and moods.

LPS recently conducted a public opinion survey of likely South Dakota Republican Primary voters to evaluate candidate support in the 2018 race for governor. The survey took place May 4-7, sampled 350 likely GOP Primary voters, and had a margin of error of 5.2%. Our findings were as follows:

• The race is statistically tied, with Marty Jackley leading Kristi Noem by one point: 39% to 38%.

• Both candidates enjoy a high positive favorability number. Marty Jackley’s net favorability is +61 (77-16) while Kristi Noem’s is +49 (71-22).

• Kristi Noem does slightly better among “very conservative” voters (46-37%).

• Marty Jackley does slightly better among those “certain” to vote (41-36%).

• Female voters favor Marty Jackley (41-35) while male voters favor Kristi Noem (41-37).

• The race is equally close as the top-line in all regions of the state.

LPS President Blake offered the following comments on the race:

“This primary campaign is at close as it gets, and all signs point to a photo finish. This race is going to be a very interesting one to watch over the final weeks of the primary. Both candidates have single-digit “never heard of” numbers, which means they are both fairly well-defined in the minds of voters.

Bottom line: Most Republicans in South Dakota feel like they have two good options. Therefore, as is usually the case in close races, the campaign that best utilizes resources to turnout their supporters will likely win.”

I’m on the road, so I’ll post more on it later. As one commenter has noticed (I was just waking up when I posted this) It might’ve been a better poll if they had left off the Democrats and independents, since they can’t vote in the primary.

TenHaken Announces Transition Team

SIOUX FALLS, SD, May 9, 2018 — Mayor-elect Paul TenHaken announced today the transition team that will advise and aid his entrance into the mayor’s office.

“It’s time to get to work for the people of Sioux Falls,” said TenHaken. “The impact that these individuals have had on Sioux Falls is tremendous and I look forward to their counsel and engagement as I prepare to lead the city.”

The transition team will meet on a regular basis to advise and consult with TenHaken on key appointments, initiatives and the successful execution of his 100-day plan for Sioux Falls.

The TenHaken transition team is comprised of:

• Erica Beck, former Economic Development Manager for City of Sioux Falls

• John Beranek, leadership consultant and organizational trainer

• Anne Hajek, State Representative (2013-2014), Minnehaha County Commissioner (2003-2011), City Council Member (1995-1998)

• Gary Hanson, SD Public Utilities Commissioner (2002-present), Sioux Falls Mayor (1994-2002), City of Sioux Falls Commissioner of Utilities (1988-1994), State Senator (1982-1988)

• Donn Hill, former Fire Chief for City of Sioux Falls (1997-2011)

• Loren Koepsell, Augustana University professor

• Dave Munson, Sioux Falls Mayor (2002-2010), State Senator (1997-2002), State Representative (1979-1996)

• Jim Schmidt, Lincoln County Commissioner (1998-present), Sioux Empire Housing Partnership Executive Director

• Jodi Schwan, former Chief of Staff to Mayor Dave Munson (2006-2010)

• Goi Yol, community leader/independent consultant (present), Investment Advisor to Governor of Jonglei State, South Sudan (2013-2014), Commissioner of Akobo County/Executive Head of Local Government (2009-2013), Director of Special Programs, Office of President of South Sudan (2007-2009), Head of Office/Program Analyst, United Nations Development Programme (2006-2007)

The 100-day plan presented to voters in April 2018 is the roadmap for the beginning of the TenHaken administration. The plan is available for download at www.tenhakenformayor.com.

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Attorney General Jackley Releases Facebook Response to  States’ Inquiry on Data Privacy

PIERRE, S.D. – Attorney General Marty Jackley confirms that Facebook has responded to a letter that 37 state and territorial Attorneys General sent on March 26, 2018. The Attorneys General letter specifically asked Facebook to provide answers to several questions on the company’s business practices and privacy protections.

“As Attorney General, I am working to protect consumers from the loss of personal information through this data breach that may likely have affected 153,382 South Dakotans. Facebook is being cooperative with our office in determining the best course of action to deal with the data and privacy loss,” said Jackley.

Yesterday, Facebook provided a response to issues raised in the letter sent by the Attorneys General. Facebook disclosed that 153,382 South Dakotans may have had their information improperly shared with Cambridge Analytica and other third parties.

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Facebook Response Naag Letter PDF by Pat Powers on Scribd

I was noticing articles both yesterday and today that a lawsuit trial is underway in Sioux Falls. And it’s one that’s just a little close to home for me, over the use of restraint with a child on the autism spectrum:

Holding a child with developmental disabilities to the ground should be a last-resort method of calming them down, say attorneys for a family suing a children’s hospital and school for its treatment of their autistic son.

But the school’s healthcare providers say the restrictions were necessary to protect the boy, other students and staff.

and..

In the lawsuit, Neil and Deb Graff say that staff harmfully used the prone restraint method of restraining their son, failed to properly inform them of when the restraint was used and violated restraint policies.

They say Ben was restrained more than 130 times while he was a resident from March to September 2010, sometimes multiple times per day or for hours at a time. Prone restraint involves bringing a person to the floor face-down and holding that person’s arms and legs until they calm down.

The restraints caused additional “fear, confusion, and physical and mental injury,” the lawsuit states.

Read that here.

Kids with autism run the spectrum from mild instances of autism related disorders, to having severe symptoms. My family is in a similar situation with the one involved in the lawsuit, where my daughter can be on the tougher end of things. She has had to be restrained.

Since the time of this lawsuit originated, the state has put rules in place on restraints. And from sitting in meetings, I know there are now certifications and trainings in place that people have to go through just to participate in the restraining.

Reading about a face-down restraint method is difficult to read, and I don’t think that technique is used today. But restraint most definitely is.  I’ve heard about the seated type as well as prone, face-up with at least two, if not three people, retraining the subject until they are calmed. The techniques are constantly evolving as caregivers learn more.

It’s all actually designed around safety. Sometimes it’s the only way to keep an out-of control child or person safe until they are calm, and to keep others safe as well. They can be so blinded by the emotional storm that they will run into traffic, lash out, or worse.

Ultimately, families affected by a child with autism do the best they can with the tools and community supports they have available.

The biggest takeaway from the story should be that there’s not a lot of easy answers.

Noem Statement on End of Iran Nuclear Deal 

Washington, D.C. – Rep. Kristi Noem today issued the following statement after President Trump terminated U.S. participation in the Joint Comprehensive Plan of Action with Iran:

“The Obama-era Iran deal was poorly negotiated, failed to permanently stop Iran from acquiring nuclear capabilities, and undermined American security and that of our ally Israel,” said Noem. “We should have walked away from this agreement at the very beginning, and I’m proud that President Trump has been bold enough to do so.”

Noem joined the House in voting down President Obama’s nuclear deal in September 2015, but the legislation was never signed into law.

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Hot out of my mailbox, the Jackley for Governor campaign is hitting voters with a mail piece today with both he and the president on it: