Daschle Testifies in Janklow’s Trial

As the defense launched into its first full day of testimony Thursday in the second-degree manslaughter trial of Rep. William J. Janklow (R-S.D.), witnesses ranging from a college intern to the minority leader of the U.S. Senate detailed the hours leading up to the accident that left a motorcyclist dead.

Janklow, 64, is accused of running a stop sign on a rural road in August, striking and killing 55-year-old Randolph E. Scott, a farmer from Minnesota.

The defense called on Sen. Tom Daschle (D-S.D.) to bolster its argument that Janklow, a diabetic, had not eaten properly the day of the accident; as a result, Janklow’s lawyers argued, his reactions were slowed by hypoglycemia, or low blood sugar.

If convicted on the felony count and lesser charges, the congressman could face up to 10 years in prison, a $10,000 fine and potentially the end of his political career.

During his five minutes on the witness stand, Daschle said he did not see Janklow eat anything during the time they spent together at a celebration for Korean War veterans on Aug. 16, the day of the crash.

Daschle testified that he had known Janklow for more than 30 years and that the two men shared a close personal and professional relationship.

“I think he’s [Janklow’s] a very truthful person,” Daschle told the jurors.

The two politicians met up that day at the Brown County Fair in Aberdeen, S.D., and spent part of the time talking with constituents.

At one point, recalled Leslie Simdorn -- a college student and summer intern working for the state’s only congressman -- Janklow was offered a barbecue sandwich. But he declined, Simdorn said, because he was concerned about spilling sauce on his white jacket.

Later, the politician asked for a hot dog, she said, but local vendors had already closed up. Someone offered Janklow a glass of lemonade, but he turned it down and said, “I’m diabetic. It’s too sugary.”

In addition to the food options at the fair, witnesses testified, Janklow passed up other chances to eat during that hot summer day.

The congressman went to Minvera’s restaurant in Aberdeen for breakfast, according to Angela Cleberg, a waitress there. Janklow and his chief of staff, Chris Braendlin, ordered eggs and toast -- but they left 15 minutes later. Janklow canceled his order because he said he was running late for a meeting, Cleberg said.

The waitress told deputy prosecutor Roger Ellyson that Janklow could have taken the food, which was ready, to go.

From the restaurant, Janklow and Braendlin went to the home of Harvey Jewett, a friend of the politician, to discuss pharmaceutical legislation and details of a pheasant hunt they were planning for Republican and Democratic lawmakers.

Although Jewett offered caramel rolls and sweet pastries, he told jurors, “I noticed that [Janklow] didn’t eat.... He had two Diet Cokes, but had nothing to eat.”

Of the seven witnesses called Thursday, the defense seemed to key on the testimony of Bob O’Shea, an Illinois-based registered professional engineer who specializes in accident reconstruction.

O’Shea told jurors that an electronic diagnostic device inside Janklow’s 1995 Cadillac, which was connected to the vehicle’s air bag, recorded how quickly the car slowed after the accident. Using that data, O’Shea said, he was able to deduce that Janklow had been driving his car between 63 mph and 64 mph just before the accident.

That conflicted with prosecution testimony earlier this week, which pegged the congressman’s speed at 71 mph in a 55-mph zone.