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Thursday, May 15, 2008

Settlement in Janklow Wrongful Death Case

From AP yesterday, relatives of Randy Scott have settled for $1 million in the wrongful death of Scott by former South Dakota U.S. Representative Bill Janklow.

Randy Scott of Hardwick, Minn., was killed Aug. 16, 2003, when his Harley-Davidson struck the back of a Cadillac that Janklow drove through a stop sign at an intersection in eastern South Dakota.

Scott, 55, was killed instantly. Janklow, 68, was injured.

Scott's family sued the federal government for $25 million after the U.S. attorney in Minnesota concluded Janklow was on official business at the time. A trial had been scheduled to start June 16 in Minneapolis, but the family opted to settle Tuesday, said Scott's mother, Marcella Scott of Luverne, Minn.

I understand that government employees must have certain legal protection in the performance of their duties; I was in the military and a cop, so I understand the need for that.

But when it goes beyond a simple mistake or a case where things went awry, and involves something clearly wrong or negligent, then I don't think the government should be on the hook for responsibility.

I supported Janklow as governor and in his election to the House; I didn't always agree with him, but he wasn't afraid to tell it like it is, he could get the job done, and he did a lot of good things for the state of South Dakota.

But the way he acted in this incident made me ashamed I had supported him. Instead of taking responsibility, he blamed his diabetes, and hid behind "I was on official business" when he blew through that stop sign:
Janklow has diabetes and testified he had not eaten the day of the accident and likely blacked out when he approached the intersection.

Even though it was demonstrated that Janklow has a record and a pattern of reckless disregard for public safety by speeding and blowing stop signs.

Here's the "justice" he was administered:
A jury in his boyhood home of Flandreau convicted him of second-degree manslaughter in December 2003. He resigned from Congress a month later, served 100 days in jail, paid a $5,000 fine, temporarily lost his law license and was forbidden from driving during his probation.

That's pretty cheap for a human life when negligence and disregard for public safety caused the loss of life.

That he got back his law license is another travesty of justice.

At least it's over now for the family of Randy Scott; as over as it can get when you'll never ever see your loved-one again.


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