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Rep. Janklow of SD May Lose House Seat - He Killed Motorcyclist In Failure To Yield And Speeding

He Killed Motorcyclist In Failure To Yield And Speeding

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SIOUX FALLS, S.D., Aug. 21 -- Bill Janklow has always been in a hurry.

South Dakota's at-large congressman and former governor has been the dominant Republican politician here for a quarter-century, in large part because of his reputation for traveling to any political gathering anywhere in this vast state. Racing across the prairies in the cockpit of his private plane or at the wheel of his Cadillac, Janklow has run in six statewide elections and won them all -- picking up more than a dozen speeding tickets along the way.

But now Janklow's penchant for speed could mean the end of his storied political career. Law enforcement officials here say Janklow was driving more than 20 mph over the speed limit last Saturday when he ran a stop sign on a country road and collided with a motorcycle -- killing the 55-year-old Army veteran on the cycle.

Careless or reckless driving resulting in a fatal accident can trigger misdemeanor or felony charges here. The local prosecutor has said he will study police reports before deciding whether to bring criminal charges against the 63-year-old Janklow. But the political world here seems to have arrived at a verdict already.

"The accident is a tragedy for everybody, and I think it's going to be end of Bill Janklow in South Dakota politics," said James Meader, a pollster and political scientist at Augustana College. "The Democrats could never beat him, but this could. It's not even clear that he can finish out his current term [in Congress]."

Neal Tapio, a Republican activist in Sioux Falls, said, "To be frank, both parties are already thinking about a special election. And it's a problem for the Republicans, because that House seat could easily turn over to the Democrats if we don't have Bill Janklow as our candidate."

As his fourth term as governor was ending, Janklow ran for the open at-large House seat here last year when national Republicans appealed to him to keep the seat in GOP hands. Democratic candidate Stephanie Herseth ran a surprisingly close race, holding Janklow to 54 percent of the vote.

Herseth has since become executive director of the South Dakota Farmers Union Foundation.

Janklow and his family have expressed deep remorse about the death of Randolph E. Scott, the victim of Saturday's accident. "I don't think my dad is spending five seconds on how this will affect his political career," the congressman's son, Russ Janklow, told the Associated Press. "He's dealing with emotions of guilt and feeling terrible."

Russ Janklow said his father expects to face criminal charges for the accident.

Today, Janklow's lawyers were besieged by reporters after The Washington Post reported that a Viborg, S.D., man, Jim Wainscoat, said the congressman had hired him to investigate the accident and the victim. Janklow's lawyer, Brent Wilbur, said Janklow had no connection with Wainscoat. "Nobody has asked him to look into the background of Mr. Scott," Wilbur said.

Wainscoat told the AP today that he made up his story and that he thought news accounts about the incident had been slanted against Janklow.

Janklow's driving record -- including a string of speeding tickets and at least seven reported accidents -- has been a known factor in South Dakota politics for years. In his State of the State speech to the legislature in 1999, then-Gov. Janklow addressed the issue.

"Bill Janklow speeds when he drives," Janklow said. "Shouldn't, but he does. When he gets the ticket, he pays it. But if someone told me I was going to jail for two days for speeding, my driving habits would change. I can pay the ticket, but I don't want to go to jail."

Court records show that drivers convicted of careless or reckless driving have gone to jail here, and the risk of a prison term is greater in cases involving a fatality. A driver convicted of second-degree manslaughter, a charge sometimes used when reckless driving causes death, can get a maximum term of 10 years in prison. The police report on Saturday's accident says that no drugs or alcohol were involved, a fact that could lead to a less severe sentence.

The fatal crash took place about 4:30 p.m. at an isolated intersection of two country roads near Trent, S.D., amid an ocean of corn and soybean fields just west of the Minnesota border.

Janklow, driving a friend's 1995 Cadillac, was heading to his home in Brandon after an appearance at the Brown County Fair in Aberdeen.

An interstate highway runs to Brandon, but Janklow chose instead to use a narrow asphalt road, Moody County Route 13.

That road connects Janklow's home with his mother's, and he has driven the route thousands of times, his family said. The speed limit is 55 mph.

The accident occurred where Route 13 crosses a slightly larger two-lane road. About 300 yards before the intersection, a sign on Route 13 warns "Stop Ahead." At the intersection, the stop sign on Route 13 is clearly visible. But a cornfield on the left side of the road -- with stalks 8 feet high this time of year -- makes it impossible for a driver on Route 13 to see traffic approaching from the left on the crossing road.

Janklow presumably would not have seen two motorcyclists -- Scott and his friend Terry Johnson -- approaching the intersection from his left. The state Highway Patrol said Scott's cycle was traveling 55 mph to 60 mph as he approached the intersection.

There was no stop sign on the motorcyclists' road.

Police investigators said Janklow was driving 70 mph to 75 mph as he approached the intersection, and did not stop at the stop sign. The motorcycle ridden by Johnson passed the intersection a few seconds before Janklow's car reached the crossroad.

As the Cadillac went through the intersection, Scott's Harley-Davidson smashed into the rear door of the car on the driver's side, driving it into the rear seat. If the collision had occurred a split-second earlier, the motorcycle would have hit the car's front door, where Janklow was sitting.

Scott was thrown from the motorcycle and apparently died instantly.

He was not wearing a helmet, but a police investigator said a helmet would not have prevented his death. The police report says the motorcycle was totaled, and repairs to the badly damaged Cadillac will cost about $8,000.

Janklow's car then smashed into a road sign and came to rest in a soybean field about 300 yards down the road. The congressman was briefly unconscious. He suffered hand and head injuries, but not serious enough to require hospitalization. An aide, Chris Braendlin, sitting next to Janklow in the front seat, had minor injuries, police said.

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