State v. Janklow

Decision Date23 February 2005
Docket NumberNo. 23163.,23163.
PartiesSTATE of South Dakota, Plaintiff and Appellee, v. William J. JANKLOW, Defendant and Appellant.
CourtSouth Dakota Supreme Court

Lawrence E. Long, Attorney General, Patricia Archer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Edwin E. Evans, Melissa C. Hinton of Davenport, Evans, Hurwitz & Smith, L.L.P., Sioux Falls, South Dakota, Attorneys for defendant and appellant.

SEVERSON, Presiding Circuit Judge.

[¶ 1.] William J. Janklow (Janklow) appeals from a jury verdict finding him guilty of reckless driving and second degree manslaughter for an August 16, 2003, collision which killed Randolph Scott (Scott). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

[¶ 2.] On August 16, 2003, Janklow was driving a white Cadillac south on Moody County Highway 13. He was traveling from Aberdeen, South Dakota to his home in Brandon, South Dakota after giving a speech at a county fair.1 Janklow's chief of staff, Chris Braendlin (Braendlin) was a passenger in the vehicle. Meanwhile, fifty-five year old Scott and his friend, Terry Johnson (Johnson), were riding their motorcycles westbound on Moody County Highway 14.

[¶ 3.] Highways 13 and 14 intersect ten miles south of Flandreau, South Dakota. The intersection is controlled by stop signs for north-and southbound traffic on Highway 13. The east-and westbound traffic on Highway 14 does not have a stop sign at that intersection. The speed limit on both highways is 55 miles per hour. A corn field located northeast of the intersection blocked the view for southbound and westbound motorists approaching the intersection.

[¶ 4.] Approximately three or four miles north of the intersection, Janklow passed another vehicle traveling south on Highway 13. The driver of that vehicle testified that she was traveling approximately 55 to 60 miles per hour when she was passed by Janklow. She testified that, "he passed me as if I was standing still. I felt like I was parked on the side of the road and the car just went past real fast." At approximately 4:40 p.m., Janklow's southbound vehicle and the westbound motorcycles ridden by Scott and Johnson converged at the intersection. Johnson safely passed through the intersection approximately 50 yards ahead of Scott. Scott's motorcycle hit the side of Janklow's vehicle. Scott was thrown from his motorcycle and was pronounced dead at the scene. Janklow's vehicle came to a stop in the soybean field approximately 285 feet south of the intersection. There was extensive damage to the side and rear portion of Janklow's vehicle.

[¶ 5.] Janklow was charged in Moody County with the offenses of failure to stop at a stop sign, speeding, reckless driving and second degree manslaughter. A jury trial commenced on December 1, 2003, in Flandreau. Janklow did not dispute that he failed to stop at the stop sign, nor did he dispute that he was driving in excess of the speed limit. However, there was conflicting testimony at trial as to his actual speed at the point of impact. The State's expert estimated that Janklow was traveling 71 miles per hour and Scott was traveling 59 miles per hour at the point of impact. Janklow's expert calculated Janklow's speed at 63 to 64 miles per hour at the point of impact.

[¶ 6.] In his defense, Janklow asserted that he was suffering from hypoglycemia at the time of the collision and did not consciously run the stop sign. Hypoglycemia results in the brain not getting the glucose it needs to function properly. Janklow is an insulin dependent diabetic. Janklow testified that he took a dose of insulin the morning of the accident, but that he had not eaten for at least eighteen hours prior to the collision. The experts offered by the defense testified that the effect of the insulin taken by Janklow would have peaked at the time of the collision. If he did not eat anything during the day to counteract the effect of the insulin, the experts opined that this would have resulted in low blood sugar or hypoglycemia.

[¶ 7.] Emergency personnel who arrived at the scene shortly after the collision testified that Janklow was asked about his diabetes and whether he had recently checked his blood sugar levels. Janklow told them that he had checked his blood sugar level earlier and that he had eaten earlier in the day. Janklow appeared to the emergency personnel and law enforcement to be distraught about the collision, but seemed alert and oriented with no difficulty speaking. Janklow indicated that he was fine and refused medical attention. The defense offered evidence that Janklow was offered candy and a sugary drink after the collision and that hypoglycemia can be countered relatively quickly if a diabetic receives sugar. Several days after the collision, it was determined that Janklow suffered a fractured wrist and a closed head injury.

[¶ 8.] Several witnesses testified that immediately after the collision Janklow said that he went through the intersection because he was trying to avoid hitting a white car. Because the accident involved a fatality, law enforcement asked Janklow for a blood sample to determine his blood alcohol level.2 South Dakota Highway Trooper Jeff Lanning (Trooper Lanning) transported Janklow to the Flandreau hospital for the blood draw. The video camera in Trooper Lanning's patrol car recorded, with Janklow's knowledge, their conversation during the drive. The video was played for the jury at trial. On the tape, Janklow described approaching the intersection and slowing down for the stop sign when a white car came toward him from the east. Janklow told Trooper Lanning that he "gunned it" to avoid being hit by the white car and that he initially thought he had been hit by the white car. Eyewitnesses reported that the white car Janklow described was not in the intersection at the time of the collision. [¶ 9.] In its case in chief, the State offered "other acts" evidence from Jennifer Walters (Walters), Deputy Tony Aas (Deputy Aas) and Lyle Tolsma (Tolsma). Walters testified that on December 29, 2002, she and her family were traveling eastbound on Highway 14 in Moody County when they came to the intersection with Highway 13, the same intersection where the collision with Scott occurred. Walters testified that as they passed through the intersection, she heard tires screeching and gravel kicking up. She turned and observed a white Cadillac with dark tinted windows speeding through the intersection and continuing northbound on Highway 13. She testified that she estimated the vehicle's speed at 70 to 90 miles per hour and that the vehicle did not appear to have stopped at the stop sign. She testified that she believed that the driver applied his brakes at the last minute to avoid hitting her family's vehicle and that the vehicles came close to colliding. Walters used her cell phone to call 911 to report the incident.

[¶ 10.] Moody County Deputy Aas was notified of Walters' call and proceeded south on Highway 13 where he encountered a white Cadillac driven by Janklow traveling northbound. Deputy Aas testified that he locked his radar on the vehicle showing a speed of 86 miles per hour. He stopped the vehicle and recognized the driver as Janklow. He testified that he told Janklow about the call received from Walter and that Janklow responded that he was not paying attention to his speed and did not recall the stop sign. Deputy Aas advised Janklow to slow down and let him go.

[¶ 11.] The State also offered the testimony of former South Dakota Highway Patrolman Tolsma. Tolsma testified that on April 27, 2002, he was driving his patrol car through a construction zone on a highway outside Rapid City, South Dakota. He testified that because of the construction, one lane of the highway was closed. Two-way traffic traveled on an uneven temporary roadway consisting of the remaining concrete lane and a temporary asphalt lane. The two lanes of traffic were separated by pylons. The speed limit in the construction zone was 40 miles per hour. Tolsma testified that he observed a vehicle traveling toward him at a high rate of speed. According to his radar, the vehicle was traveling 84 miles per hour. As the vehicle neared, Tolsma testified that the vehicle's wheels dropped off the edge of the concrete and the driver jerked the vehicle back. Tolsma testified that it appeared the driver was about to lose control of the vehicle. Tolsma testified that he feared that the vehicle would collide with his patrol car so he pulled over as far as he could next to a concrete barrier and almost stopped. As the vehicle passed, he recognized the driver as Janklow. Tolsma did not stop the vehicle.

[¶ 12.] On December 8, 2003, the jury returned guilty verdicts on all four charges. Pursuant to SDCL 23A-27-13, the trial court granted a suspended imposition of sentence on the second degree manslaughter charge.

[¶ 13.] Janklow appeals his convictions and raises the following issues:

1. Whether the trial court erred when it denied Janklow's motion for judgment of acquittal on the second degree manslaughter charge.
2. Whether the trial court erred when it refused to give Janklow's requested jury instructions setting forth the defense of unconsciousness and denied Janklow's motion for a new trial on the basis of the refused jury instruction.
3. Whether the trial court erred when it admitted evidence of uncharged, alleged other acts and denied Janklow's motion for new trial on the basis of the improperly admitted, unfairly prejudicial evidence.
4. Whether the trial court erred when it denied Janklow's motion for mistrial and motion for new trial on the basis of prosecutorial misconduct during the State's closing arguments.
5. Whether the cumulative effect of the alleged errors of the trial court deprived Janklow of his right to a fair trial.
ANALYSIS AND DECISION

[¶ 14.] 1. Whether the trial court erred in denying Janklow's...

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