gmginsfo
... it's cases like this that add credit to the argument that justice in America IS only for the wealthy and powerful.

Crash victims' parents outraged at sentencing

By NORMAN AREY
The Atlanta Journal-Constitution

BENTON, Tenn. -- Saying he could find \"no perfect justice\" in the case, a judge on Monday sentenced a woman who drove a schoolbus into the path of a freight train, killing three children and injuring four others, to 90 days in jail.

Parents who lost children in the violent crash nearly four years ago expressed outrage at what they considered a stunningly light sentence for Rhonda Cloer, whose child also was injured in the wreck.

Sonja Miller, who lost her 6-year-old daughter, Kayla Silvers, trembled and struggled to talk in court before the sentence was made final. \"She took her away from me and what do I get -- 90 days?\" Miller said. \"What kind of justice is that?\"
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Bill Janklow was on duty as South Dakota's congressman when his speeding car collided with a motorcycle last summer, meaning federal taxpayers would pay any civil damages arising from the fatal crash, a prosecutor has concluded.
U.S. Attorney Tom Heffelfinger's decision came in connection with a wrongful death lawsuit filed against the former congressman and governor by the motorcyclist's family.

In concluding that Janklow was on duty at the time of the accident, Heffelfinger filed a notice Monday asking that the case be moved from state to federal court, and that the federal government be substituted as the defendant for Janklow.

Janklow was \"acting within the scope of his employment as a member of the United States Congress at the time,\" Heffelfinger wrote. He would not comment further about his decision.

Associated Press
May 20, 2004
JANKLOW0520

PIERRE, S.D. -- Former U.S. Rep. Bill Janklow, fresh from jail release, has asked the South Dakota Supreme Court to overturn his second-degree manslaughter and other driving convictions.

In written arguments received Wednesday by the high court, Janklow's lawyers said the former congressman and governor did not get a fair trial.
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His lawyers argue that several mistaken trial rulings by Circuit Judge Rodney Steele ruined Janklow's chances of acquittal, including the introduction of highly prejudicial evidence.

\"His entire driving history became fair game,\" wrote lawyer Melissa Hinton.

By CARSON WALKER, Associated Press Writer

SIOUX FALLS, S.D. - A judge ruled Tuesday that former Rep. Bill Janklow was on duty when he caused a deadly traffic accident, meaning taxpayers would have to pay for any civil damages in a wrongful-death lawsuit.
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[U.S. Magistrate Arthur] Boylan, ruling in St. Paul, Minn., concluded the federal government should be listed as the defendant in the lawsuit filed by Scott's family members, who are from Minnesota.
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Lawyer Ronald Meshbesher wanted the case moved to state court in Minnesota so the family could get punitive damages, which is not allowed in federal court. He said he will appeal.
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