April 2018

Judge Salter cuts through the BS

I have joked you could move this trial to Iceland and a jury would still find evidence of guilt;

But Salter said it was too early in the litigation to consider moving the trials. The cases are in their infancy and there wasn’t a record to validate Legacy’s argument.

“At this stage, I’m not considering the motion any further,” Salter said, leaving open the opportunity for Legacy to file a new motion to change the venue later in the case.

Dan Fritz, a lawyer representing Emily Fodness, who was trapped in the collapse, and Vince Roche, who represents the family of Ethan McMahon, the worker who died in the collapse, objected to the change of venue motion.

Fritz said that his case would include witnesses, such as fire personnel and Fodness’ treating doctors, who would have to drive three hours each way if the case were tried in Aberdeen.

“That prejudices my client, unrightfully,” he said. “There is no good reason for that.”

Roche argued that it would be impossible to determine the impact of social media posts on a county of 200,000 people. And he argued that media coverage of the Copper Lounge collapse was equally available to residents of Aberdeen, given the internet and the nature of media coverage in South Dakota.

“It’s going to be the same regardless of where we are,” he said.

The facts are the facts, no matter who sits on the jury. Salter did the right thing. It’s just to bad our city council can’t figure it out. Maybe we should have Aberdeen’s city council voting on our public/private partnerships in Sioux Falls instead.

ZERO accountability by GOP Leadership in Pierre

We saw yesterday how the GOP protects their own from scandals when the AG’s office sent out a ‘Nothing Burger’ press release about Loetscher’s hacking investigation.

This letter reminded me of the same ‘circling of wagons’ around one of their own;

Recently, Jenna Netherton stepped down from District 10 Senate because she relocated to Texas.

Residents of District 10 have been misled by this. Netherton has not lived in district or even the state for the past year. How can a state senator represent a district if they don’t even live in it or the state they represent?

Well, it really hasn’t been proven that she was living in Texas. However, it is highly suspect. When brought to the attention of Republican leadership by one of it’s legislative members during session there was NO investigation and NO conclusion. Nothing. Which tells me it was just a cover-up further proven when Jenna bolts her position to go work for the Koch brothers before her term is up.

Pierre is nothing but a basket of self-serving snakes.

UPDATE: this is a questionable practice for absentees

When I voted on Tuesday, I noticed City Clerk Denise Tucker stuffing envelopes with ballots, I thought it was kind of strange because I figured they would have already been sent out. Apparently not;

Absentee ballots weren’t mailed until Tuesday, a full two weeks after Paul TenHaken and Jolene Loetscher claimed the top two spots in the mayoral contest and Zach DeBoer and Curt Soehl beat out a crowded field in the City Council Central District to face off in the May 1 election.

“Technically, they can go earlier, but we didn’t have our ballots back and ready to go,” said City Clerk Tom Greco. The ballots are printed by a vendor in Minnesota.

By Wednesday afternoon, 736 ballots had been mailed, Greco said.

These are the kind of things happen when you have a (Uncertified) City Clerk running our elections. So if you live in California for the winter, good luck.

Minnehaha County Auditor Bob Litz said the city’s election laws are different than the state law he operates under. In state elections, he is required to offer absentee ballots 45 days prior to an election. Typically, the regular city election has a 15-day window.

“With the runoff it got scrunched by the time we got our programming and ballots back from the vendor,” Litz said.

They could have easily printed off 700 paper ballots on April 11 and hand counted them when they returned. If it is a close race, which I think the Central District council race will be, 736 missing ballots is not good.

While probably a majority of the ballots are mailed to people in Sioux Falls (I hope so) it surely puts the snowbirds at a disadvantage. But I have always been of the opinion you should have to live in South Dakota at least 10 months out of the year to qualify as a resident. If you are just using your SF address as a way to get out of paying a state income tax while living in California, you don’t deserve to vote for our mayor and city council anyway.

UPDATE: I’m also not buying the tw0-week turnaround at the printer. As a person who has worked in printing for over 25 years, there is such a thing as a RUSH. The printer could have easily knocked out the needed 736 ballots and overnighted them to SF within 3-4 days after April 10th.

I am also concerned that if the council race or mayor’s race is within 100-200 votes and half the absentee ballots never came back by Tuesday there could be some lawyers involved. And while that whole mess plays out guess who gets to remain as mayor? NOOOOOOOOOOOOOOOOOOO!

My immediate suggestion would be for the council to delay the election by one week and hold it on May 8th.

AG has a double standard on interfering with an election

Besides the fact that they have received no evidence;

The Attorney General’s statement does say investigators on this case are waiting on records from other social media entities.

The timing of this press release is questionable.

Remember when Marty’s buddy Rounds was running for Senate and they couldn’t comment on an ‘ongoing’ investigation into EB-5 during a campaign? But it seems for some reason it is OK for the AG to say they have essentially ‘found nothing’ because, well they have ‘nothing’ a couple days before an election who just happens to have a Republican VS a Democrat.

Gee, that’s not questionable at all. Marty Jackley wouldn’t do anything underhanded like that? Would he? That would be like saying a guy killed himself using a 5-Foot branch, but we won’t let you see the autopsy, just trust us.

Reminds me of when TenHaken was helping his buddy Pity Pat out move servers around the country to hide his campaign store and when we questioned the obvious conflict of interest Jackley says, “They didn’t steal anything. Investigation closed.”

Jackley has made a mockery of the AG office.

During the debate tonight, TenHaken said a major endorsement is coming. Wonder if that is from Jackley? I would think he would be smarter than that while running for Governor, but who knows, the Silver Fox wiggles his way out of all kinds of things.

Little to no compromise on school start date

A compromise would have been starting school the last week of August instead of going back to the original start date;

The Sioux Falls School District has been trying out different schedules for the past few years. Now, the district has decided that the 2019-2020 school year will start on August 22nd, 2019.

Most importantly, the committee sent out surveys for people to fill out their input.

A whopping 11,000 parents, students, and staff members filled out the survey.

Administrators say about 60 percent recommended school start before Labor day for the 2019-2020 school year. All three groups: students, parents, and staff, sided with the August start date.

According to survey results, 56 percent of parents, 64 percent of students, and 67 percent of staff wanted school to start prior to Labor Day.

Notice who is missing from that survey? The people who actually fund a majority of our schools, property and sales tax payers who DO NOT have children. Where was their voice? Like the sales tax increase, the concerns fell on deaf ears.

They also brought up the tired old concern about AP tests;

There were a number of factors to consider.

“AP tests -so that we had enough time with the AP tests and those semester classes,” said Nold.

Ironically, AP scores went up the year school started after labor day. It has never made sense to me to start school when it is still nice out and two weeks before a major national holiday. When I went to school we always started after labor day due to the state fair, 4-H involvement and harvest season and other summer activities. It comes down to a select group of people (the school board) telling the rest of us working stiffs that they are smartest kids in the room and be damn the public’s opinion.