Doctor Supports Rep. Janklow's Defense

AP in Monroe, LA, News-Star ^ | 12-06-03 | Walker, Carson

[Theodore R.]

Doctor Supports Rep. Janklow's Defense

By CARSON WALKER Associated Press Writer

FLANDREAU, S.D. (AP) -- A doctor testifying in the manslaughter trial of Rep. Bill Janklow said he initially was skeptical about a medical defense, but changed his mind after examining Janklow, reviewing his medical records and discussing his activities in the hours before the crash.

It's possible Janklow was suffering from low blood sugar, or hypoglycemia, when he blew through a stop sign and collided with a motorcyclist, Dr. Fred Lovrien said.

Janklow, 64, is charged with second-degree manslaughter, running a stop sign, reckless driving and speeding in the crash that killed Randy Scott, 55, of Hardwick, Minn. Testimony in the case was set to continue Saturday, with closing arguments expected Monday.

Janklow may not have felt the early symptoms because it was hot when he spoke at an event that morning and because he had had an angry exchange with a heckler, said Lovrien, a defense witness who examined Janklow two months after the crash.

Janklow also said he was taking the medication Atenolol, which could hide symptoms of a diabetic reaction, Lovrien said. Atenolol is in a class of drugs called beta-blockers, which affect the heart and circulatory system.

But on cross-examination, deputy prosecutor Roger Ellyson noted that Atenolol was not on the list of medications Janklow said he was taking the day after the Aug. 16 accident and again on Sept. 4.

Lovrien said it would be unwise for any doctor to prescribe such a medication for Janklow because it would worsen his cold-induced asthma.

Ellyson also asked Lovrien if it would be unusual for someone to go 20 hours without eating, as several witnesses have said Janklow did on the day of the crash.

"Yes, it would be unusual," Lovrien said. When a diabetic takes insulin but doesn't eat, the person can get fatigued and pass out, according to testimony.

After the cross-examination, Lovrien told Ed Evans, Janklow's lawyer, that his opinion is still that Janklow likely suffered from low blood sugar about the time of the accident - but only if he had not eaten.

"The one thing that would change it dramatically is if he ate something during the day," Lovrien said.

The defense hopes to prove that Janklow's diabetes was at fault when the congressman sped through a stop sign, putting his Cadillac into the path of motorcyclist Randy Scott, who died after hitting the car.

Prosecutors argue that Janklow made a conscious decision to speed and ignore the stop sign.

Two neurosurgeons who testified Friday for the defense said it would be wise not to believe what Janklow said after the accident, when he said he swerved because of another car.

Dr. Michael Puumala said Janklow "hit his head hard" when the motorcycle struck his car and would have trouble thinking.

Janklow's brother, Art Janklow, testified the congressman called him just minutes before the accident, and spoke unusually slowly and didn't appear to have a reason for calling. He later had no recollection of calling his brother, Art Janklow said.

The former four-term governor and only congressman from South Dakota could face up to 10 years in prison and a House ethics committee investigation if convicted.

Copyright 2003 Associated Press. All rights reserved.

[KarlInOhio]

I see two possibilities:

1. He is lying through his teeth. He has a lead foot and killed someone this time instead of his usual speeding and running stop signs without hitting someone.

2. As a diabetic, he was grossly irresponsible in not eating properly and then using a piece of deadly equipment. I would rank it in the range of having a "Kennedy lunch" and then driving.

Either way, in my opinion, he's guilty.

[martin_fierro]

Related thread

[DB]

He bragged about driving very fast everywhere he went. He has a long history of very excessive speed.

Finally someone died as a result.

He has no excuse.

For presenting a BS excuse instead of coming clean his time should be increased.

[Drango]

Well *IF* it was a diabetic issue, and I doubt it, it seems to happen a lot if his speeding record is an indicator. He and his diabeties need to spend some time in jail for the protection of others.

[steve50]

Janklow's brother, Art Janklow, testified the congressman called him just minutes before the accident, and spoke unusually slowly and didn't appear to have a reason for calling.

Cell phone records should determine if this call was even made. I doubt they will be checked.

[gunnedah]

This is what money and power can do for you. A damn good lawyer will convince the average juror that is seated in these trials that a Martian did it.
Court is always about the best actor never about the truth.
Our system of Justice is the best in the world but it sorely lacks for getting at the truth.
What is really sad is if this character was the average person and hit someone prominent his a$$ would be grass.
The title "Criminal Just-Us" system is just what it says and there is very little justice left for victims, especially in the case of those who die.
When they succumb politicians can dictate then who they vote for.

[WorkingClassFilth]

This one needs to be played right straight down the line. In fact, if found guilty, Janklow needs to get the maximum. If he walks without clear proof of physiological problems, he'll provide local RATs with plenty of ammo and fuel. If he goes up the river because the jury buys the prosecution's case, he'll richly deserve it. This is a guy that has ALWAYS laughed at speed laws and, like the boy who cried wolf, his bad habits have finally caught up with him. Unfortunately, Randy Scott died in the process too.

Whatever his relative value to the 'R' caucus, Janklow is notorious for excessive speeding and disregard of traffic laws. This evidence is by his own admissions, direct eyewitness testimony, the recollection of friends and colleagues and by local (hometown) reputation. If he is found guilty - give him the full dose.

Republican soldier notwithstanding, he is still subject to the law. We need some serious consistency in order to justify the same treatment for RATs (and when that starts to happen - please notify me). In minor offenses, like Limbaugh's jones, I don't care. In major offenses, like manslaughter, treason or the laundry list of Krinton krimes, there truly needs to be retribution.

In fact, justly dispatching Janklow to the nearest work farm or state pen would be a plus for converting rural Minnesotan and South Dakotan voters already predisposed to RAT candidates. They often vote RAT because of steady farm support pork via the RAT caucuses and the union subsidies. As a result, many are fairly distrusting of Republicans as symbols of establishment favor and 'big-boy' networking mainly because of RAT brainwashing going all the way back to the populist communist movements up here back in the early 1900's.

This is a very closely followed case up here. The outcome will have definite impact in out-state politics - much of which have led to conservative gains in the last few election cycles.

[OldFriend]

Is the doctor prepeared to revoke the license of every diabetic since there is no way to monitor them to be sure they have a proper diet?

This is pure bullship....the man killed someone when he ran a red light.

[OldFriend]

Oops, make that running a stop light.

[Diverdogz]

Steeeeee-rike two. Stop sign.

[Biblebelter]

Politicians of either party can get away with murder or manslaughter. If this boy was from Massachusetts, he would have not had to go to the expense of going to trial. If he had been from Arkansas, his name would not even have got in the paper.

[OldFriend]

Can I use the snowstorm as an excuse!!! tee hee

[JohnBovenmyer]

The GOP has been blowing this one. They should have started the process to expel him from the House. Ideally he should already be expelled; at a minimum the process should have started with final action pending the court verdict. They should be making very visible moves to line up someone to run for his seat. By sitting on their hands they will create a public backlash that could cost them his seat in both the replacement election and the regular election next fall. The backlash also could save Daschle's Senate seat, a much more important prize.

[The Great RJ]

I'm a former paramedic and have seen many diabetic emergencies. Yes, people with even moderately low blood sugar can be impaired in tasks like driving. However, listening to the tape made while Janklow was riding with a Highway Parol Officer to a local hospital for a routine blood alcohol test immediately after the accident reveals no impairment, slurred speech, difficulty in forming sentances or memory impairment that I saw were typical of diabetics with low blood sugar.

The blood sugar defense also fails to explain why he drove like a bat out of hell--by his own admission-- for years prior to having been diagnosed with diabetes.