Diabetes one possible Janklow defense
Posted: Saturday, November 22, 2003
SIOUX FALLS (AP) -- U.S. Rep. Bill Janklow's lawyer has not said publicly what type of defense he may offer at the congressman's trial, but his client's diabetes is one possibility, though it's risky, according to legal and medical experts.
Janklow, 64, is charged with speeding, running a stop sign, reckless driving and second-degree manslaughter for an Aug. 16 accident near Trent that killed Randy Scott of Hardwick, Minn. The trial is scheduled to start Dec. 1 in Flandreau.
The accident report and an affidavit filed this week do not mention Janklow blacking out or having poor vision -- only that he was trying to avoid a third vehicle. An aide with him also said nothing of Janklow being unable to see or passing out, two symptoms of diabetes.
But during a Nov. 10 hearing, Moody County State's Attorney Bill Ellingson suggested a physical cause as one potential explanation.
"We anticipate that in one form or another, the defense would attempt to show that this was an accident or mistake or inadvertence or inattentiveness on behalf of the driver or a physically induced cause of inattentiveness," he said.
Some court documents related to evidence have been sealed, due to a request by Janklow, so there's no public record of everything his lawyer, Ed Evans, has filed.
In some cases, lawyers don't have to alert prosecutors of the defense they intend to offer. But the law does require lawyers planning a medical defense to disclose that so prosecutors can see the person's medical record and prepare a response to the claim.
Based on several interviews with legal and health experts, several aspects of the case support a possible medical defense.
Health history
As recently as July -- one month before the accident -- the former state attorney general and four-term Republican governor's health was an issue.
Doctors considered double bypass surgery after tests found narrowing in Janklow's left main coronary artery but concluded it was part of his natural physical makeup. Instead of surgery, Janklow said he would take additional medications and try to lose weight.
Two days before the accident, Janklow told reporters he "can't be better" and was in "darn good health for a guy my age." He said was swimming, moving boxes and doing yard work.
"I'm more active than I've been in a long, long period of time," Janklow said Aug. 14.
But in 1998 and 1999, Janklow suffered life-threatening health problems and was treated at the Mayo Clinic in Rochester, Minn., for diverticulitis and an inflamed pancreas.
"I have no spleen, no pancreas and I'm missing most of my colon," Janklow said in December 2001.
Because of that pancreas void, his body no longer produces insulin to regulate body sugar so Janklow said he takes insulin daily to control the diabetes.
And that is one condition that can cause people to faint, even when they're operating a motor vehicle, according to experts on the disease.
"That's probably the main concern. Obviously you don't want to black out when you're driving a car," said Dr. Michael Bell, president of the National Association of Medical Examiners.
"I've heard of people who have died. They black out and they crash their car and then they'll die."
A test after the accident would have shown Janklow's blood sugar content but there's no indication one was done. The accident report only states he had not been drinking alcohol. Janklow refused medical treatment right after the accident but later went to Sioux Falls.
Deputy prosecutor
Though Ellingson has not spoken directly of a possible medical defense, he picked someone familiar with such a case as his deputy prosecutor, former Codington County State's Attorney Roger Ellyson.
He was brought on to help prosecute the Janklow case and handle the extra workload in the office.
In 1996, Ellyson charged Watertown physician Dr. G. Robert Bartron with hit-and-run after he reportedly struck and killed a pedestrian along a highway south of town.
A jury acquitted Bartron, whose defense was that he lost consciousness and didn't know what had happened.
Janklow's lawyer
Evans handles mostly personal injury cases and medical malpractice claims. As such, he represents a lot of doctors and insurance companies. It's rare for him to be involved in a criminal case such as Janklow's.
But if this were a civil case, Evans could easily be the lawyer representing Janklow's insurer against a claim filed by the other driver's family. Evans' insight on accident reconstruction and his connections in the medical field may be helpful to the Janklow case.
And the fact that Evans has not asked for a delay in the trial and acknowledges that Janklow was speeding and ran the stop sign could lend credence to some other type of a defense, such as medical.
The risk
But if Janklow uses a medical defense, he opens up the possibility that jurors will then hear about his extensive driving record.
Judge Rodney Steele said he would not allow prosecutors to introduce the 12 speeding tickets and three accidents into the record unless Janklow makes an excuse for speeding or claims there was not a conscious decision to speed on Aug. 16.
Another downside to offering a medical defense is the jury might not buy it and Janklow could lose any sympathy toward him, since his speeding habit is well documented.
Janklow won't indicate what type of defense he plans to offer.
"I'm not talking about my case, period," he said Thursday, in response to a question about whether diabetes played a role.
Janklow, 64, is charged with speeding, running a stop sign, reckless driving and second-degree manslaughter for an Aug. 16 accident near Trent that killed Randy Scott of Hardwick, Minn. The trial is scheduled to start Dec. 1 in Flandreau.
The accident report and an affidavit filed this week do not mention Janklow blacking out or having poor vision -- only that he was trying to avoid a third vehicle. An aide with him also said nothing of Janklow being unable to see or passing out, two symptoms of diabetes.
But during a Nov. 10 hearing, Moody County State's Attorney Bill Ellingson suggested a physical cause as one potential explanation.
"We anticipate that in one form or another, the defense would attempt to show that this was an accident or mistake or inadvertence or inattentiveness on behalf of the driver or a physically induced cause of inattentiveness," he said.
Some court documents related to evidence have been sealed, due to a request by Janklow, so there's no public record of everything his lawyer, Ed Evans, has filed.
In some cases, lawyers don't have to alert prosecutors of the defense they intend to offer. But the law does require lawyers planning a medical defense to disclose that so prosecutors can see the person's medical record and prepare a response to the claim.
Based on several interviews with legal and health experts, several aspects of the case support a possible medical defense.
Health history
As recently as July -- one month before the accident -- the former state attorney general and four-term Republican governor's health was an issue.
Doctors considered double bypass surgery after tests found narrowing in Janklow's left main coronary artery but concluded it was part of his natural physical makeup. Instead of surgery, Janklow said he would take additional medications and try to lose weight.
Two days before the accident, Janklow told reporters he "can't be better" and was in "darn good health for a guy my age." He said was swimming, moving boxes and doing yard work.
"I'm more active than I've been in a long, long period of time," Janklow said Aug. 14.
But in 1998 and 1999, Janklow suffered life-threatening health problems and was treated at the Mayo Clinic in Rochester, Minn., for diverticulitis and an inflamed pancreas.
"I have no spleen, no pancreas and I'm missing most of my colon," Janklow said in December 2001.
Because of that pancreas void, his body no longer produces insulin to regulate body sugar so Janklow said he takes insulin daily to control the diabetes.
And that is one condition that can cause people to faint, even when they're operating a motor vehicle, according to experts on the disease.
"That's probably the main concern. Obviously you don't want to black out when you're driving a car," said Dr. Michael Bell, president of the National Association of Medical Examiners.
"I've heard of people who have died. They black out and they crash their car and then they'll die."
A test after the accident would have shown Janklow's blood sugar content but there's no indication one was done. The accident report only states he had not been drinking alcohol. Janklow refused medical treatment right after the accident but later went to Sioux Falls.
Deputy prosecutor
Though Ellingson has not spoken directly of a possible medical defense, he picked someone familiar with such a case as his deputy prosecutor, former Codington County State's Attorney Roger Ellyson.
He was brought on to help prosecute the Janklow case and handle the extra workload in the office.
In 1996, Ellyson charged Watertown physician Dr. G. Robert Bartron with hit-and-run after he reportedly struck and killed a pedestrian along a highway south of town.
A jury acquitted Bartron, whose defense was that he lost consciousness and didn't know what had happened.
Janklow's lawyer
Evans handles mostly personal injury cases and medical malpractice claims. As such, he represents a lot of doctors and insurance companies. It's rare for him to be involved in a criminal case such as Janklow's.
But if this were a civil case, Evans could easily be the lawyer representing Janklow's insurer against a claim filed by the other driver's family. Evans' insight on accident reconstruction and his connections in the medical field may be helpful to the Janklow case.
And the fact that Evans has not asked for a delay in the trial and acknowledges that Janklow was speeding and ran the stop sign could lend credence to some other type of a defense, such as medical.
The risk
But if Janklow uses a medical defense, he opens up the possibility that jurors will then hear about his extensive driving record.
Judge Rodney Steele said he would not allow prosecutors to introduce the 12 speeding tickets and three accidents into the record unless Janklow makes an excuse for speeding or claims there was not a conscious decision to speed on Aug. 16.
Another downside to offering a medical defense is the jury might not buy it and Janklow could lose any sympathy toward him, since his speeding habit is well documented.
Janklow won't indicate what type of defense he plans to offer.
"I'm not talking about my case, period," he said Thursday, in response to a question about whether diabetes played a role.
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