S.D. court: Pardons can't all be secret (Republican Bill Janklow)

Thursday, May 6, 2004 · Last updated 9:22 a.m. PT

S.D. court: Pardons can't all be secret

By CHET BROKAW
ASSOCIATED PRESS WRITER

PIERRE, S.D. -- The state Supreme Court said Thursday the South Dakota Constitution does not give governors the unlimited right to seal pardons granted to people convicted of crimes.

The high court's unanimous decision means some secret pardons issued by former Gov. Bill Janklow will be made public within a few weeks.

Lawyers for nine people pardoned by Janklow - currently in jail after himself being convicted of a crime, second-degree manslaughter, for a fatal accident last year - had argued that he had the unlimited right to seal pardons.

Their lawyer, Tom Wilka, said he won't ask for a rehearing before the state Supreme Court because the decision was unanimous. It can't be appealed to the U.S. Supreme Court.
(snip/...)

http://www.newsday.com/news/nationworld/nation/wire/sns-ap-south-dakota-pardons,0,2851867.story?coll=sns-ap-nation-headlines



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05/06/2004
SD Supreme Court Decision Will Unseal Pardons


The lawyer representing nine people trying to keep their names secret says a dispute over pardons is all over. Tom Wilka of Sioux Falls says he won't ask for a rehearing before the state Supreme Court. He says the decision can't be appealed to the US Supreme Court.

The decision will allow the names of some people pardoned by former Governor Bill Janklow to be released. The South Dakota Supreme Court says the state Constitution does not give governors the unlimited right to seal pardons granted to people convicted of crimes. The records will be opened after 20 days.

Since the issue arose, the Legislature has changed the law to require that all pardons issued by a governor be open for at least five years.
(snip/)

http://www.keloland.com/NewsDetail2817.cfm?Id=22,31785

He received a very light sentence for mowing under a vietnam vet. He should be out by now? But the paper says he's still in the clink??

NO pardons should be kept secret. But, at least this is a step in the right direction.

:bounce:

...but I know he is in solitary confinement "for his own saftey". I guess they didn't want to put up with is whining over having to sit for lunch with "those people".