RESS [email protected] SIDS Down In SD In 2012, Infant...
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BY MARGERY A. BECK Associated Press OMAHA, Neb. — A Wymore man falsely accused of rape will appeal the dis- missal of his lawsuit against Gage County and several of its deputies, his lawyer said Friday. Elliot Hawkins, 50, sued the county and law enforce- ment officials over his 2011 arrest, accusing officials of negligence and saying they violated his due process rights by conducting a reck- less investigation and inten- tionally ignoring leads that would have exonerated him. The lawsuit sought an un- specified amount for lost earnings capacity, damage to his reputation and emotional distress, among other things. Last week, U.S. Magistrate Judge Cheryl Zwart granted the county’s motion for sum- mary judgment, saying the defendants have immunity from liability. Hawkins arrest came after Jennifer Valenta, 28, also of Wilber, told authorities she was raped by four men, in- cluding Hawkins. Investiga- tors later determined her injuries from the alleged at- tack were self-inflicted, and she admitted to fabricating the rape. She pleaded no contest to evidence tamper- ing, false reporting and at- tempted prostitution and was sentenced earlier this year to 32 to 60 months in prison. But Hawkins spent 23 days in jail while law enforce- ment investigated the rape allegation. Hawkins said in his law- suit that investigators ig- nored his pleas to interview witnesses at a local bar, where he and Valenta went after having consensual sex, who could have told them that Valenta appeared calm, visited the bathroom and ate while there. The judge rejected this ar- gument, saying investigators knew Hawkins frequented the bar, that the clientele were his friends and that Va- lenta had told them Hawkins threatened to hurt her if she reported the alleged rape. Also, Zwart said, officers be- lieved three other assailants were still at large and, there- fore, avoided contacting bar patrons to protect Valenta’s safety. “(T)he conduct of officers is not judged from the perspec- tive of hindsight, they are not li- able for bad guesses in gray areas, and they are not re- quired to conduct perfect in- vestigations to avoid suit for false arrest,” Zwart wrote in her order. “They can be held liable under (the law) only for trans- gressing bright lines.” Hawkins’ attorney, Joy Shif- fermiller of Lincoln, said Friday she plans to appeal the dis- missal before the deadline next month. She believes there is a genuine dispute that a jury should hear. “The law is clear. You have to do an even-handed investiga- tion,” Shiffermiller said. An attorney for the county and the law enforce- ment officials did not imme- diately return phone and email messages left Friday seeking comment. PIERRE (AP) — The number of deaths in South Dakota attributed to Sudden In- fant Death Syndrome was at its lowest level ever in 2012, but the state’s infant mortality rate still rose, according to a state report released Friday. The state Health Department re- ported that the six infants who died from SIDS in 2012 marked the “lowest ever number” of such deaths in South Dakota, where the 13-year median for SIDS deaths is nine. SIDS is defined as the sud- den and unexplained death of an infant who is less than a year old, according to the Centers for Disease Control and Pre- vention’s website. However, there were 104 infant deaths total, topping the previous high of 100 deaths set in 2008. The median for overall infant deaths is 80 in South Dakota, according to the report. “The numbers do fluctuate from year to year because of our small population, but any increase is cause for concern,” said Health Secretary Doneen Hollingsworth. “We need to do more to get women in for early prenatal care and to continue the declining numbers of pregnant women who smoke.” First lady Linda Daugaard, who led the 2011 Governor’s Task Force on Infant Mortality, said the group’s recommenda- tions were just beginning to be imple- mented in 2012. “We need to recognize that the things we’re working on today will have a long term impact and changes won’t happen overnight,” she said. “Every woman who stops smoking during pregnancy, every pregnant woman who gets early prenatal care and every parent who puts their baby to sleep on their back helps to re- duce the risk of infant death. “Helping more babies reach their first birthday is such an important issue and we need to be committed to it for the long haul,” Daugaard said. “We will see success but we also need to be prepared for setbacks. There is certainly more we can do to promote healthy pregnancies and healthy babies.” Naila Qazi, MD Radiologist Providing expert care in the specialty of radiology Contact Dr. Qazi gy xpert care in the specialt viding e ro P o jo leased t to I am p “ “I o r o al G a Medic ca r ra e r v ve A war or kf o o ok and lo , y y, log dio ol a R Dr. Naila Qazi recently completed a fellowship in Combined MRI at the University of Wisconsin, Madison. She completed her diagnostic radiology residency at Jackson Memorial Hospital in Miami, xpert care in the specialt o join oup d ar rd Dr. Naila Qazi recently completed a fellowship in Combined MRI at the University of Wisconsin, Madison. She completed her diagnostic radiology residency at Jackson Memorial Hospital in Miami, y of radiology xpert care in the specialt gy war or k f o o ok and lo , y y, log dio ol a R cticing with th a ac o pr ra t to ienced medic r e xp pe e ex eam of f e t te s my ’ It essionals. of fe pr o atients e p pa v ve r o se e t o g ge vile eg i pr e ar re on ankt to the Y Ya Fla., and her internship in internal medicine at Mercy Catholic Medical Center in Darby, Pa. Dr. Qazi holds a medical degree from Khyber Medical College at the University of Peshawar in Pakistan. Dr. Qazi joins the physicians of Avera Medical Group Radiology Yankton who specialize in the interpretation of diagnostic imaging tests such as mammography, CT, MRI and X-ray for accurate diagnosis of a range of medical conditions. d ar rd cticing with this al ic ca s my atients in ” ea. Fla., and her internship in internal medicine at Mercy Catholic Medical Center in Darby, Pa. Dr. Qazi holds a medical degree from Khyber Medical College at the University of Peshawar Dr. Qazi joins the physicians of Avera Medical Group Radiology Yankton who specialize in the interpretation of diagnostic imaging tests such as mammography, CT, MRI and X-ray for accurate diagnosis of a range of medical conditions. rt oup Radiolog a Medical Gr er v A Av is located on the campus of era Sacred Heart Hospit v A Av 1 Summit. at 50 ormation call or more inf F 0 0 605-668-80 or go to t. edHear aSacr er v A Av . Qazi act Dr Cont y oup Radiolog is located on the campus of al era Sacred Heart Hospit 1 Summit. ormation call or go to g t.or aylo T Ta rs. Qazi joins D r r. D . Qazi a T Ta ullo, MD Greg T Tu alph R . ullo o. T Tu aylor and 3 U081 SHH-42048-A A , MD ylor r, a Yankton Paint & Decorating 406 Broadway • Yankton • 665-5032 www.yanktonpaintanddecorating.com Step It Up A Notch Shaw hardwoods resist wear and scuffing up to 6x better than the competition! ScufResist Platinum gives you permission to LIVE on your hardwood floor... because it’s from Shaw. Y our hom e is his castle... Carpet Cleaning Special $ 75.95 for any 2 rooms (up to 300 sq. ft.) Not good with any other offer. Must present coupon. Expires 10/15/13 Since “1968” 665-5700 1-800-529-2450 But It Doesn’t Have To Smell That Way! Banking that’s behind you all the way... Yankton • Springfield • Parkston “Had amazing recommendations from friends.” a full line of products and services –Lori Federal Credit Union ervices enter ...It’s Where You Belong! www.scfcu.net •Checking & Savings •Loans •On-line Banking •Mortgage Loans Saturday, 9.14.13 ON THE WEB: www.yankton.net NEWSROOM: [email protected] PRESS DAKOTAN PAGE 18 the midwest SD High Court To Hear Confession Case MITCHELL (AP) — The South Dakota Supreme Court will hear arguments later this month on whether to allow at trial an alleged confession by a teenager charged with mur- der. State Circuit Court Judge Tim Bjorkman a year ago threw out the alleged confession of Maricela Diaz because he said she did not waive her right to remain silent when being questioned in the November 2009 death of 16-year- old Jasmine Guevara of Mitchell. Prosecutors appealed in January. The Daily Republic re- ports state Supreme Court justices will hear the case Sept. 30. Diaz was 15 years old at the time of Guevara’s killing but is being tried in adult court. She is now 19. Diaz’s boyfriend, Alexander Salgado, pleaded guilty to murder in the case three years ago and is serving life in prison. Beef Plant Borrowing $512K For Bills SIOUX FALLS (AP) — A federal judge is allowing North- ern Beef Packers to borrow $512,000 to pay bills as its Chapter 11 bankruptcy case continues. Judge Charles Nail approved the plant’s request to ob- tain secured credit during a hearing on Thursday. Northern Beef’s request to borrow $2.25 million and move forward with a sale of the beef plant will be considered during the next hearing, scheduled for Sept. 26 in Pierre. Northern Beef Packers opened its $109 million state-of- the-art facility on a limited basis in 2012 after years of de- lays. But its owners filed for Chapter 11 bankruptcy protection less than a year later, saying they didn’t have enough money to buy cattle for slaughter. The plant wants to hold an auction sale rather than have its case move into a Chapter 7 liquidation. Nine Injured In Neb. School Bus Crash POTTER, Neb. (AP) — A school superintendent says two people injured in the collision of a Potter-Dix school bus and a pickup Thursday in far western Nebraska were flown to a hospital in Scottsbluff. Superintendent Kevin Thomas said Friday that seven students, the bus driver and the driver of the pickup were injured. All were taken to a hospital in Sidney. Thomas said he did not know whether the two flown to Scottsbluff were students and did not know their conditions, but said “both were stable when they boarded the helicopter.” Thomas says that of the seven who remained at the Sid- ney hospital, all but two were treated and released. The Nebraska State Patrol and the Cheyenne County Sheriff’s Department say the crash happened after school, around 4:20 p.m. Thursday. SD AG Warns People Of Repair Scams PIERRE (AP) — South Dakota Attorney General Marty Jackley says people should beware of scams by out-of-state vendors who charge a lot of money but do poor work when repairing hail damage or doing paving jobs. Jackley says the Consumer Protection Division in his of- fice has received complaints about out-of-state operations targeting people who sustained hail damage recently in the Rapid City and Sioux Falls areas. He says transient vendors also seek paving jobs. Jackley says homeowners and business owners report poor quality work at prices that are sometimes double or triple what was originally quoted. He warns people not to be pressured into a quick agree- ment with a contractor. He says people should request a written contract, seek references, get competitive bids, and not make full payment until a job is done. Lincoln Chancellor Schedules Address LINCOLN, Neb. (AP) — University of Nebraska-Lincoln Chancellor Harvey Perlman will deliver his 14th annual State of the University address on Tuesday. It is scheduled to begin at 11 a.m. at the Lied Center for Performing Arts. Campus Recreation will provide free, 10-minute chair massages from 9 to 11 a.m. in the Lied Center. The speech will be streamed live at unl.edu and tele- vised on NebSat 105, Campus Channel 4, Lincoln Cable Channel 21 and KRNU Radio (90.3 FM). All 13 of Perlman’s previous State of the University speeches are available online at http://go.unl.edu/state- oftheu. Pierre City Workers Save Fisherman PIERRE (AP) — Officials in Pierre say two city workers saved a 57-year-old Pierre man who fell into the Missouri River while fishing. Pierre Fire Chief Bill Alexander tells KCCR radio that the man was fishing on the rocks at the LaFramboise Island Causeway on Friday morning and went into the water to re- trieve his fishing gear. The man was pushed 30 to 40 yards away from shore by the current. Pierre Police Captain Elton Blemaster says two employ- ees on a causeway paving project jumped in and brought the man back to shore. The man was treated on scene. His name was not re- leased. SIDS Down In SD In 2012, Infant Mortality Still Up Court Dismisses Nebraska Man’s False Rape Lawsuit BY BOB MERCER State Capitol Bureau PIERRE — Four years ago the state Cosmetology Com- mission designated on-line li- cense renewals and acceptance of electronic payments as the top priority. The project is finally about to begin, as part of a general updating of the commis- sion’s data-base system. An outside contractor will be used because of con- tinuously high demand on state government’s technol- ogy staff. The plan calls for the work to be done in 2014 if all goes right. “As slow as it’s been in coming, it looks like a desti- nation is showing up,” com- mission member Pat Clark of Pierre said at the group’s meeting Tuesday. Smart Software Solutions, a Pierre-based company, was selected to perform the work. Kate Boyd, the com- mission’s executive director, said the contract details will be finished later this month. The company recently signed major contracts for several other state govern- ment projects. One is an update of the driver-license system for the Department of Public Safety. Two others deal with the on- going conversion to a new Medicaid payment system for the Department of Social Services. The Cosmetology Com- mission oversees licensing and inspections of salons and beauty schools as well as the people engaged in the practices of hair care, nail technology and skin and body treatments known as esthetics. Barbers are regu- lated under a separate board. The commission plans to start computer-based online testing for license applicants in October, according to Boyd. They will be in English and Vietnamese. The commission began offering the tests in a Viet- namese version in 2011 be- cause so many applicants, especially those in the nail field, speak the language, she said. The commission has also changed its hands-on salon testing for applicants. The commission now offers the testing at Watertown, Sioux Falls and Rapid City where there are cosmetology edu- cation programs. Previously the salon tests were conducted only in Pierre at the commission’s offices, which include a salon in the rear for that purpose. Modernization Under Way For Cosmetology Regulators Woman Indicted On Child Abuse Charge SIOUX FALLS, S.D. (AP) — A Dell Rapids woman was in- dicted on a felony child abuse charge Thursday after being accused of beating her 2-year-old stepdaughter for not eating supper. The Argus Leader reports that 32-year-old Stephanie Jo Thompson was arrested Aug. 13 on one count of abuse or cruelty to a minor. The state Department of Social Services and Min- nehaha County Sheriff’s Of- fice were called about alleged abuse by the child’s daycare provider on Aug. 7. Officers took several photos of cuts and bruises before taking the girl into protective custody. Thompson was indicted on the charge after grand ju- rors heard testimony from a Minnehaha County detective. A telephone message left for Thompson’s public de- fender, Katie Dunn, was not immediately returned.
Transcript of RESS [email protected] SIDS Down In SD In 2012, Infant...
BY MARGERY A. BECKAssociated Press
OMAHA, Neb. — AWymore man falsely accusedof rape will appeal the dis-missal of his lawsuit againstGage County and several ofits deputies, his lawyer saidFriday.
Elliot Hawkins, 50, suedthe county and law enforce-ment officials over his 2011arrest, accusing officials ofnegligence and saying theyviolated his due processrights by conducting a reck-less investigation and inten-tionally ignoring leads thatwould have exonerated him.The lawsuit sought an un-specified amount for lostearnings capacity, damage tohis reputation and emotionaldistress, among other things.
Last week, U.S. MagistrateJudge Cheryl Zwart grantedthe county’s motion for sum-mary judgment, saying thedefendants have immunityfrom liability.
Hawkins arrest came afterJennifer Valenta, 28, also ofWilber, told authorities shewas raped by four men, in-cluding Hawkins. Investiga-tors later determined herinjuries from the alleged at-tack were self-inflicted, andshe admitted to fabricatingthe rape. She pleaded nocontest to evidence tamper-ing, false reporting and at-tempted prostitution andwas sentenced earlier thisyear to 32 to 60 months inprison.
But Hawkins spent 23days in jail while law enforce-ment investigated the rapeallegation.
Hawkins said in his law-suit that investigators ig-nored his pleas to interviewwitnesses at a local bar,where he and Valenta wentafter having consensual sex,who could have told themthat Valenta appeared calm,visited the bathroom and atewhile there.
The judge rejected this ar-gument, saying investigatorsknew Hawkins frequentedthe bar, that the clientelewere his friends and that Va-lenta had told them Hawkins
threatened to hurt her if shereported the alleged rape.Also, Zwart said, officers be-lieved three other assailantswere still at large and, there-fore, avoided contacting barpatrons to protect Valenta’ssafety.
“(T)he conduct of officers isnot judged from the perspec-tive of hindsight, they are not li-able for bad guesses in grayareas, and they are not re-quired to conduct perfect in-vestigations to avoid suit forfalse arrest,” Zwart wrote in herorder. “They can be held liableunder (the law) only for trans-gressing bright lines.”
Hawkins’ attorney, Joy Shif-fermiller of Lincoln, said Fridayshe plans to appeal the dis-missal before the deadline nextmonth. She believes there is agenuine dispute that a juryshould hear.
“The law is clear. You haveto do an even-handed investiga-tion,” Shiffermiller said.
An attorney for thecounty and the law enforce-ment officials did not imme-diately return phone andemail messages left Fridayseeking comment.
PIERRE (AP) — The number of deathsin South Dakota attributed to Sudden In-fant Death Syndrome was at its lowestlevel ever in 2012, but the state’s infantmortality rate still rose, according to astate report released Friday.
The state Health Department re-ported that the six infants who died fromSIDS in 2012 marked the “lowest evernumber” of such deaths in South Dakota,where the 13-year median for SIDSdeaths is nine. SIDS is defined as the sud-den and unexplained death of an infantwho is less than a year old, according tothe Centers for Disease Control and Pre-vention’s website.
However, there were 104 infant
deaths total, topping the previous highof 100 deaths set in 2008. The median foroverall infant deaths is 80 in SouthDakota, according to the report.
“The numbers do fluctuate from yearto year because of our small population,but any increase is cause for concern,”said Health Secretary DoneenHollingsworth. “We need to do more toget women in for early prenatal care andto continue the declining numbers ofpregnant women who smoke.”
First lady Linda Daugaard, who ledthe 2011 Governor’s Task Force on InfantMortality, said the group’s recommenda-tions were just beginning to be imple-mented in 2012.
“We need to recognize that the thingswe’re working on today will have a longterm impact and changes won’t happenovernight,” she said. “Every woman whostops smoking during pregnancy, everypregnant woman who gets early prenatalcare and every parent who puts theirbaby to sleep on their back helps to re-duce the risk of infant death.
“Helping more babies reach their firstbirthday is such an important issue andwe need to be committed to it for thelong haul,” Daugaard said. “We will seesuccess but we also need to be preparedfor setbacks. There is certainly more wecan do to promote healthy pregnanciesand healthy babies.”
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, MDylorr,a Yankton Paint & Decorating 406 Broadway • Yankton • 665-5032 www.yanktonpaintanddecorating.com
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SD High Court To Hear Confession CaseMITCHELL (AP) — The South Dakota Supreme Court
will hear arguments later this month on whether to allow attrial an alleged confession by a teenager charged with mur-der.
State Circuit Court Judge Tim Bjorkman a year agothrew out the alleged confession of Maricela Diaz becausehe said she did not waive her right to remain silent whenbeing questioned in the November 2009 death of 16-year-old Jasmine Guevara of Mitchell.
Prosecutors appealed in January. The Daily Republic re-ports state Supreme Court justices will hear the case Sept.30.
Diaz was 15 years old at the time of Guevara’s killing butis being tried in adult court. She is now 19.
Diaz’s boyfriend, Alexander Salgado, pleaded guilty tomurder in the case three years ago and is serving life inprison.
Beef Plant Borrowing $512K For Bills SIOUX FALLS (AP) — A federal judge is allowing North-
ern Beef Packers to borrow $512,000 to pay bills as itsChapter 11 bankruptcy case continues.
Judge Charles Nail approved the plant’s request to ob-tain secured credit during a hearing on Thursday. NorthernBeef’s request to borrow $2.25 million and move forwardwith a sale of the beef plant will be considered during thenext hearing, scheduled for Sept. 26 in Pierre.
Northern Beef Packers opened its $109 million state-of-the-art facility on a limited basis in 2012 after years of de-lays. But its owners filed for Chapter 11 bankruptcyprotection less than a year later, saying they didn’t haveenough money to buy cattle for slaughter.
The plant wants to hold an auction sale rather thanhave its case move into a Chapter 7 liquidation.
Nine Injured In Neb. School Bus CrashPOTTER, Neb. (AP) — A school superintendent says
two people injured in the collision of a Potter-Dix schoolbus and a pickup Thursday in far western Nebraska wereflown to a hospital in Scottsbluff.
Superintendent Kevin Thomas said Friday that sevenstudents, the bus driver and the driver of the pickup wereinjured. All were taken to a hospital in Sidney. Thomas saidhe did not know whether the two flown to Scottsbluff werestudents and did not know their conditions, but said “bothwere stable when they boarded the helicopter.”
Thomas says that of the seven who remained at the Sid-ney hospital, all but two were treated and released.
The Nebraska State Patrol and the Cheyenne CountySheriff’s Department say the crash happened after school,around 4:20 p.m. Thursday.
SD AG Warns People Of Repair ScamsPIERRE (AP) — South Dakota Attorney General Marty
Jackley says people should beware of scams by out-of-statevendors who charge a lot of money but do poor work whenrepairing hail damage or doing paving jobs.
Jackley says the Consumer Protection Division in his of-fice has received complaints about out-of-state operationstargeting people who sustained hail damage recently in theRapid City and Sioux Falls areas. He says transient vendorsalso seek paving jobs.
Jackley says homeowners and business owners reportpoor quality work at prices that are sometimes double ortriple what was originally quoted.
He warns people not to be pressured into a quick agree-ment with a contractor. He says people should request awritten contract, seek references, get competitive bids, andnot make full payment until a job is done.
Lincoln Chancellor Schedules AddressLINCOLN, Neb. (AP) — University of Nebraska-Lincoln
Chancellor Harvey Perlman will deliver his 14th annualState of the University address on Tuesday.
It is scheduled to begin at 11 a.m. at the Lied Center forPerforming Arts.
Campus Recreation will provide free, 10-minute chairmassages from 9 to 11 a.m. in the Lied Center.
The speech will be streamed live at unl.edu and tele-vised on NebSat 105, Campus Channel 4, Lincoln CableChannel 21 and KRNU Radio (90.3 FM).
All 13 of Perlman’s previous State of the Universityspeeches are available online at http://go.unl.edu/state-oftheu.
Pierre City Workers Save FishermanPIERRE (AP) — Officials in Pierre say two city workers
saved a 57-year-old Pierre man who fell into the MissouriRiver while fishing.
Pierre Fire Chief Bill Alexander tells KCCR radio that theman was fishing on the rocks at the LaFramboise IslandCauseway on Friday morning and went into the water to re-trieve his fishing gear. The man was pushed 30 to 40 yardsaway from shore by the current.
Pierre Police Captain Elton Blemaster says two employ-ees on a causeway paving project jumped in and broughtthe man back to shore.
The man was treated on scene. His name was not re-leased.
SIDS Down In SD In 2012,Infant Mortality Still Up
Court DismissesNebraska Man’s
False Rape LawsuitBY BOB MERCERState Capitol Bureau
PIERRE — Four years agothe state Cosmetology Com-mission designated on-line li-cense renewals andacceptance of electronicpayments as the top priority.The project is finally aboutto begin, as part of a generalupdating of the commis-sion’s data-base system.
An outside contractorwill be used because of con-tinuously high demand onstate government’s technol-ogy staff. The plan calls forthe work to be done in 2014if all goes right.
“As slow as it’s been incoming, it looks like a desti-nation is showing up,” com-mission member Pat Clark ofPierre said at the group’smeeting Tuesday.
Smart Software Solutions,a Pierre-based company, wasselected to perform thework. Kate Boyd, the com-mission’s executive director,said the contract details willbe finished later this month.
The company recentlysigned major contracts forseveral other state govern-ment projects.
One is an update of thedriver-license system for theDepartment of Public Safety.Two others deal with the on-
going conversion to a newMedicaid payment systemfor the Department of SocialServices.
The Cosmetology Com-mission oversees licensingand inspections of salonsand beauty schools as wellas the people engaged in thepractices of hair care, nailtechnology and skin andbody treatments known asesthetics. Barbers are regu-lated under a separateboard.
The commission plans tostart computer-based onlinetesting for license applicantsin October, according toBoyd. They will be in Englishand Vietnamese.
The commission beganoffering the tests in a Viet-namese version in 2011 be-cause so many applicants,especially those in the nailfield, speak the language,she said.
The commission has alsochanged its hands-on salontesting for applicants. Thecommission now offers thetesting at Watertown, SiouxFalls and Rapid City wherethere are cosmetology edu-cation programs.
Previously the salon testswere conducted only inPierre at the commission’soffices, which include asalon in the rear for thatpurpose.
Modernization Under Way ForCosmetology Regulators
WomanIndictedOn ChildAbuseCharge
SIOUX FALLS, S.D. (AP) —A Dell Rapids woman was in-dicted on a felony childabuse charge Thursday afterbeing accused of beating her2-year-old stepdaughter fornot eating supper.
The Argus Leader reportsthat 32-year-old Stephanie JoThompson was arrested Aug.13 on one count of abuse orcruelty to a minor.
The state Department ofSocial Services and Min-nehaha County Sheriff’s Of-fice were called about allegedabuse by the child’s daycareprovider on Aug. 7. Officerstook several photos of cutsand bruises before taking thegirl into protective custody.
Thompson was indictedon the charge after grand ju-rors heard testimony from aMinnehaha County detective.
A telephone message leftfor Thompson’s public de-fender, Katie Dunn, was notimmediately returned.
