Daschle: 'I didn't see him eat'

Aberdeen American News (AP) ^ | Dec. 5, 2003

[jwalburg]

Senate Democratic leader Tom Daschle became witness Tom Daschle Thursday as he testified for about five minutes in the manslaughter trial of his friend, Republican U.S. Rep. Bill Janklow.

Meanwhile, Janklow's lawyer indicated the congressman might testify.

Janklow, 64, is charged with second-degree manslaughter, running a stop sign, reckless driving and speeding in the crash that killed motorcyclist Randy Scott, 55, of Hardwick, Minn. The crash occurred Aug. 16 at the intersection of Moody County Highways 13 and 14 east of Trent.

Janklow and Daschle were on the same stage at a Korean War veterans event at the Brown County Fair in Aberdeen hours before the late-afternoon crash.

''I didn't see him eat'' or drink anything, Daschle said in his testimony.

The two were together on stage from roughly 1 to 2 p.m., said Daschle, an Aberdeen native who visited the Hub City Wednesday.

The senator also said he and Janklow are close friends. ''I think he's a very truthful person,'' Daschle said of the congressman.

The defense called Daschle to bolster its contention that Janklow, a diabetic, had not eaten that day and a diabetic reaction caused Janklow to miss the stop sign at the Moody County intersection.

Prosecutors say Janklow made a conscious decision to speed and blow through the stop sign.

Aberdonians testify: Three other people also testified Thursday they didn't see Janklow eat anything while he was in Aberdeen.

Angela Cleberg of Aberdeen, a server at the Minerva's restaurant in the Ramkota Inn, said Janklow and his chief of staff, Chris Braendlin, arrived at the restaurant at about 10:20 a.m. They ordered breakfast at about 10:25 a.m., she said.

Braendlin and Janklow canceled their order after about 15 minutes and did not pay for it, Cleberg said.

''He said they were running late and had to leave,'' she said of Braendlin.

Braendlin and Janklow paid for a soft drink and coffee at 10:41 a.m., according to their bill, and then left, Cleberg said.

That's about an hour later than Braendlin's time frame. He testified Wednesday that he met Janklow about 9 a.m. and they had to leave for a 10 a.m. meeting.

Harvey Jewett of Aberdeen, a friend of Janklow's and head of the South Dakota Board of Regents, testified Thursday that the meeting Janklow and Braendlin attended was at his house and they were the first ones there around 10:30 a.m.

Jewett said Janklow had two Diet Cokes but none of the caramel rolls and kuchen, a German dessert.

''I noted who ate them and who didn't,'' Jewett said.

Jewett thought Janklow and Braendlin were at his home for about an hour and a half.

Intern testifies: Leslie Simdorn interned for Janklow in Aberdeen last summer and said he and Braendlin arrived at the Korean War event about 10 minutes early.

Janklow didn't eat any of the barbecue available beforehand out of concern he may spill on his clothes before the speech, she said.

''He did ask Chris for a hot dog,'' said Simdorn, who said she did not see him eat one.

Simdorn, and earlier Braendlin, said a heckler approached Janklow after the event and they exchanged words, with her trying to break them up. ''It got kind of heated,'' she said.

Janklow went to his car, again, without eating, Simdorn said. ''He was pretty agitated.''

The time Janklow left is an issue because prosecutors are trying to show that Janklow was speeding from Aberdeen when he collided with Scott's motorcycle. Aberdeen is about 200 miles from the site of the accident, which happened about 4:40 p.m.

Braendlin testified Wednesday that he was with Janklow all day but he said they didn't have anything to eat all day on Aug. 16.

But an emergency medical technician testified Wednesday that Janklow didn't appear to be suffering from low blood sugar after the August accident.

Also on Thursday, an engineer testified that Janklow was going 63 mph or 64 mph when the collision occurred.

Engineer testifies: Engineer Robert O'Shea said he used evidence from the state and his own analysis to conclude the car was not going 71 mph as the South Dakota Highway Patrol estimated.

O'Shea, a defense witness, said some of the information he used was taken from an electronic sensing device in the car - data that state troopers were not able to download.

He said it appeared Janklow hit his brakes at impact and that he was not wearing his seat belt.

O'Shea also said Scott could have been going 65 mph - faster than the 59 mph estimated by the Highway Patrol.

The speed limit is 55 mph on the rural road.

Janklow, a former state attorney general and four-term governor, was elected to South Dakota's only seat in the U.S. House last year.

If convicted of the manslaughter charge, a felony, the maximum punishment is 10 years in prison. It would also prompt the House ethics committee to investigate.

[jwalburg]

The senator also said he and Janklow are close friends. ''I think he's a very truthful person,'' Daschle said of the congressman.

There are a lot of things you could say about Janklow, but "truthful"??? Daschle chooses to call him truthful? Says something about Daschle. When Daschle says they are close friends, it says something about them both.

[jwalburg]

[Redbob]

Hmm, what symptom of diabetes is it that causes your right foot to extend uncontrollably?

[aristotleman]

''I didn't see him eat'' or drink anything, Daschle said in his testimony, then added "This deeply saddens me".

[jwalburg]

But not as much as the DOW approaching 10,000 or the fall in the jobless rate.

[DBrow]

So everyone is testifying that he did not eat, so it must have been a diabetic problem.

Were I on the jury, I would hear this testimony and think that this guy knowingly and deliberately had nothing to eat- witnesses said that he wanted to keep his clothes clean. He knows he is a diabetic. He knows he must control blood sugar.

Here we have a man who through a series of concious, deliberate decisions puts himself at risk for low blood sugar, and the end result of these deliberate acts is a terrible accident.

Involuntary or even voluntary manslaughter.

[PBRSTREETGANG]

Much in the same way that Dan Rather thinks Bill Clinton is an "honest man".

[moyden2000]

Are we going to imprison everyone who is at fault in a traffic accident? If so, we better start building a lot more prisons.

[primatreat]

Absolute crap. My wife, a diabetic, had a low blood sugar incident driving. She, according to a witness, was slumped over the wheel and it took the cops 10 minutes to revive her. She swiped 4 cars on the street.

This guy without eating all day if he took insulin, would have been a basket case about 2:pm.

[faithincowboys]

what the Hell, put Daschle in the clink as an accessory. Daschle has caused pain and irritation across the fruited plain-- send him up the river already!

[AD from SpringBay]

...what symptom of diabetes is it that causes your right foot to extend uncontrollably?

Well, I've heard that when diabetics are drunk they have a hard time driving. Some even recommend not getting behind the wheel if you are diabetic and drunk. I've heard that it's a little like the impact that alcohol has on young senators from the North East. At least that's what I've heard.

[nkycincinnatikid]

Agreed, even if blood sugar was THE primary cause of this tragedy it is a questionable defense in my mind. Sort of like someone who is legally blind without glasses neglecting to wear them and going speeding on country roads. I had two friends with juvenile diabetes, and I know what a cruel malady it is. One friend manages surprisingly well but the other was just never able to fine tune his sugar and had two accidents in which thank God only he was hurt. The first accident left him seriously injured and bankrupt, the second led him to take his own life in despair. But the reports of Janklow's speeding and testimony of his condition at the accident scene aren't very indicative of a debilitating sugar attack to me.

[Sloth]

Janklow reportedly has a history of ignoring traffic laws... I think he has even joked about it in the past. If he willfully ran the stop sign & someone was killed, he needs to go to prison.

[stainlessbanner]

Nobody saw me eat breakfast this morning either. This doesn't mean thing.

[Lazamataz]

Daschle: 'I didn't see him eat'

They just CAN'T stop complaining about Bush's Thanksgiving visit.

[Solson]

It wasn't diabetes that caused this accident. IT was Janklow...speeding, running a stop sign and being drunk that caused this accident.

[jwalburg]

It is the reverse twinkie defense.

[jwalburg]

True. But past history of traffic trouble isn't being allowed in this trial.

[jwalburg]

Where did you get the drunk part? I understood alcohol was NOT a factor. Am I missing something?

[jwalburg]

lol!

[Bob]

They just CAN'T stop complaining about Bush's Thanksgiving visit.

That's exactly what I expected this thread was going to be about. :=)