Janklow Launches Medical Defense

U.S. Rep. Bill Janklow appears to have had symptoms consistent with a diabetic reaction before the Aug. 16 crash that killed a motorcyclist, an expert on the disease testified Friday during the congressman's manslaughter trial.

Dr. Fred Lovrien of Sioux Falls, also a diabetic, said he examined Janklow after initially being skeptical about a proposed medical defense.

He said he concluded after examining Janklow Oct. 27, reviewing his medical records and talking with him about his activities in the hours before the crash that it was possible Janklow had been suffering from low blood sugar, or hypoglycemia the day of the crash.

Janklow may not have felt the early symptoms because it was hot when he spoke at an event that morning and because he had had an angry exchange with a heckler, Lovrien said.

He said Janklow also said he was taking the medication Atenolol, which could hide symptoms of a diabetic reaction, Lovrien said. Atenolol is in a class of drugs called beta-blockers, which affect the heart and circulatory system.

But on cross-examination, deputy prosecutor Roger Ellyson noted that Atenolol wasn't on the list of medications Janklow said he was taking the day after the Aug. 16 accident and again on Sept. 4.

Lovrien acknowledged it would be unwise for any doctor to prescribe such a medication for Janklow because it would worsen his cold-induced asthma.

Ellyson also asked Lovrien if it would be unusual for someone to go 20 hours without eating, as several witnesses have said Janklow did on Aug. 16.

"Yes, it would be unusual," Lovrien said. When a diabetic takes insulin but doesn't eat, the person can get fatigued and pass out, according to testimony.

After the cross-examination, Lovrien told Ed Evans, Janklow's lawyer, that his opinion is still that Janklow likely suffered from low blood sugar about the time of the accident — but only if he had not eaten.

"The one thing that would change it dramatically is if he ate something during the day," Lovrien said.

The defense hopes to prove that Janklow's diabetes was at fault when the congressman sped through a stop sign, putting his Cadillac into the path of motorcyclist Randy Scott, who died after hitting the car.

Prosecutors argue that Janklow made a conscious decision to speed and ignore the stop sign.

The former four-term governor and only congressman from South Dakota is charged with second-degree manslaughter, running a stop sign, reckless driving and speeding. If convicted of manslaughter, he could faces up to 10 years in prison and a House ethics committee investigation.

His lawyer indicated Janklow may take the stand in his own defense.

Senate Democratic leader Tom Daschle testified briefly on Thursday about the event he and Janklow both attended the morning of the crash. They were both on an outdoor stage at a Korean War veterans event in Aberdeen.

"I didn't see him eat" or drink anything, Daschle said in his testimony.

The senator also said he and Janklow are close friends. "I think he's a very truthful person," Daschle said of the Republican.

Three other people also testified Thursday that they didn't see Janklow eat anything while he was in Aberdeen.

An emergency medical technician said Janklow didn't appear to be suffering from low blood sugar after the accident, but he said Janklow did accept a Coke and some candy at the scene — two items that diabetics do not usually take unless they are low on sugar.

On Thursday, an accident reconstruction expert testified that Janklow was going 63 mph or 64 mph at the time of the crash — less than the Highway Patrol's estimate of 71 mph, but still over the 55 mph speed limit for that stretch of road.

Engineer Robert O'Shea said he used evidence from the state and information taken from an electronic sensing device in the car, data that state troopers were not able to download.

Testimony in the case was set to continue Saturday, with closing arguments expected Monday.