Diabetic Reaction Marred Judgment in Fatal Crash, Defense Tells Jury
FLANDREAU, S.D., Dec. 1 -- Rep. William J. Janklow (R-S.D.) was speeding and ran a stop sign when his Cadillac struck and killed a motorcyclist in August, Janklow's attorney conceded in court Monday, but the defense argued that the congressman should not be convicted of felony manslaughter because he was suffering a diabetic reaction at the time of the crash.
On the opening day of a trial that could send the 64-year-old Janklow to prison for 10 years -- and end his storied political career -- defense lawyer Edwin Evans told a jury in this quiet prairie town that Janklow "was mixed up. He was confused. . . . This was very likely a an episode of low blood sugar due to his diabetes."
But prosecutor Roger Ellyson told the jury that "that important person in that important-looking car" raced through the stop sign, at a rural intersection he knew well, with "reckless disregard" for the life of anyone else on the road. Ellyson said Janklow assured medical personnel minutes after the crash that his blood sugar was "fine."
By focusing on the medical defense, Janklow's legal team essentially admitted two misdemeanor charges against him -- speeding and running a stop sign -- in the effort to win an acquittal on the felony charge of killing motorcyclist Randolph Scott, a 55-year-old Army veteran. A vehicular manslaughter conviction requires proof that the driver showed "conscious disregard" for the danger he caused.
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But prosecutors said the real cause of the crash was Janklow's driving. Ellyson said he will introduce evidence showing that Janklow sped through the same stop sign in the same Cadillac eight months before the accident, barely avoiding an accident that time.
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http://www.washingtonpost.com/wp-dyn/articles/A26634-2003Dec1.html