Showing posts with label South Dakota. Show all posts
Showing posts with label South Dakota. Show all posts

Thursday, January 3, 2019

Against orders, priest leaves diocese, treatment program after pleading guilty to theft | Crime & Courts | rapidcityjournal.com

A former Rapid City priest who pleaded guilty to stealing hundreds of dollars of church donations has left a treatment program and the diocese, going against instructions from the bishop, according to the diocese's December newsletter.
Marcin Garbacz was suspended from his ministry duties in May after church officials caught him stealing and sent to a six-month treatment program in St. Louis.
In July, he was charged with first-degree embezzlement of property received in trust and first-degree petty theft in the alternative, which means he could only be convicted on one of the counts. Garbacz pleaded guilty to the theft charge on Oct. 26.
He received a suspended imposition of sentence — which means his record will be sealed from the public, but not the courts or police — from Judge Bernard Schuchmann on Oct 31. Garbacz paid $334 in fines and costs, and $620 in restitution to the church, a clerk said.
While Garbacz appears to have complied with the court system, the diocese says he's not following church orders.

Against orders, priest leaves diocese, treatment program after pleading guilty to theft | Crime & Courts | rapidcityjournal.com

Tuesday, November 20, 2018

UPDATED::Priest accused of sexual abuse held on $100,000 cash-only bond | Crime & Courts | rapidcityjournal.com

A priest who previously served in the Diocese of Rapid City pleaded not guilty Friday to two counts of having sexual contact with a child under the age of 16.
John Praveen, 38, served in the diocese before he was charged Oct. 2 and accused of sexually touching a 13-year-old girl over her clothes, according to court records and statements.
Before calling court to order, Judge Robert Mandel of the 7th Circuit called a translation company to connect with a Telugu speaker who had been booked for the arraignment.
The priest accused of sexually abusing a 13-year-old had his bond set Wednesday at $100,000 cash only at his initial court appearance.
John Praveen, also known as John Praveen Kumar Itukulapat, 38, appeared before Magistrate Judge Scott Bogue from the Pennington County Jail via a video and audio stream. 

Bogue said the high bond was set due to the seriousness of the charges and Praveen's flight risk given he has few ties to the community.

Praveen, who most recently worked at the Cathedral of Our Lady of Perpetual Help, a church in Rapid City, is charged with two counts of sexual contact with a child under 16. The class 3 felonies, which allegedly occurred on Sept. 3 and 28, carry a punishment of up to 15 years in prison and/or a maximum fine of $30,000, court records say.

Priest accused of sexual abuse held on $100,000 cash-only bond | Crime & Courts | rapidcityjournal.com

Wednesday, April 6, 2016

UPDATED::South Dakota Bill on Transgender Students’ Bathroom Access Draws Ire - The New York Times

The veto over-ride was unsuccessful, South Dakota House fails to override transgender bill veto 
UPDATE:: South Dakota governor vetoes law on transgender bathrooms
South Dakota‘s governor vetoed a bill Tuesday that would have made the state the first in the U.S. to approve a law requiring transgender students to use bathrooms and locker rooms that match their sex at birth.
Republican Gov. Dennis Daugaard, who initially reacted positively to the proposal but said he needed to research the issue, rejected the bill after the American Civil Liberties Union and the Human Rights Campaign insisted it was discriminatory.
In his veto message, Daugaard said the bill “does not address any pressing issue” and that such decisions were best left to local school officials. He also noted that signing the bill could create costly liability issues for schools and the state. The ACLU had promised to encourage legal action if the bill became law.
,,,
Daugaard initially offered a positive reaction to South Dakota‘s proposal, but said he wanted to listen to testimony before making a decision. Last week, he met with three transgender individuals and heard their personal stories; before the meeting, the governor said he had never knowingly met a transgender person.

Opponents said the legislation an attack on vulnerable transgender students that would further marginalize them at school. They also criticized comments made by some lawmakers, including Republican Sen. David Omdahl.
“I’m sorry if you’re so twisted you don’t know who you are,” Omdahl said when asked about the bill last month.

“I’m telling you right now, it’s about protecting the kids, and I don’t even understand where our society is these days.”
__
Proponents of the legislation say it would help protect children and ensure everyone’s privacy, but its passage has inserted South Dakota into the center of a national debate about transgender rights and access to restrooms and locker rooms.
It is among a number of bills addressing the rights of transgender people that are being pushed by conservative legislators in this state and others. Another South Dakota bill, which was shelved this week, would have required public agencies to accept only information on birth certificates, effectively preventing legal recognition of sex changes.
Mr. Lewis said the bathroom legislation, which was passed by the South Dakota Legislature last week, “creates more stigma,” increases the risk of bullying and sends a message to transgender students: “You’re so different, in a bad way, that you need your own bathroom, your own locker room, your own shower situation.”
,,,
The South Dakota legislation would seem to put the state in conflict with the Obama administration’s interpretation of the federal Title IX law, which prohibits discrimination on the basis of sex in any education program or activity that receives federal funds. Mr. Lewis said last week that he would probably continue to use the men’s restroom at school even if Mr. Daugaard signed the bill. Even supporters of the legislation acknowledge that a school district will probably be sued if it becomes law.

South Dakota Bill on Transgender Students’ Bathroom Access Draws Ire - The New York Times

Wednesday, March 30, 2016

South Dakota Lawmakers Double Down on Anti-LGBT Discrimination | Advocate.com

South Dakota is making a name for itself as what may be America’s most anti-LGBT state. The Senate Education Committee today passed a new bathroom bill that would adversely impact transgender students. But that was just one measure in a week full of anti-LGBT actions by state lawmakers.

On Monday, the House of Representatives overwhelmingly passed House Bill 1107, which the Human Rights Campaign called “extreme” legislation that if signed into law would authorize recipients of taxpayer funds to discriminate against same-sex couples, transgender people, and single mothers. Specifically, it would prevent the state from taking any punitive action against any entity that discriminates because of religious beliefs about sexuality, gender, and marriage.

The bill, titled “An Act to ensure government nondiscrimination in matters of religious beliefs and moral convictions,”was “disguised as an attempt to protect religious beliefs,” according to HRC.

“Anti-equality lawmakers in the South Dakota House of Representatives are sending a shameful message of intolerance and discrimination in the Mount Rushmore State,” said HRC Legal Director Sarah Warbelow in a statement on HRC’s website.
,,,
Also Monday, a Republican state senator told constituents at a forum in Sioux Falls he considered trans people to be “psychologically damaged,” according to Fusion. Sen. David Omdahl spoke in support of the bill to “restrict access to certain restrooms and locker rooms in public schools” so that trans students would not be allowed to use the facilities that match their gender identity.

“I’m sorry if you’re so twisted you don’t even know who you are,” he said, according to the Sioux Falls Argus Leader, “A lot of people are — and I’m telling you right now, it’s about protecting the kids.”

That bill, House Bill 1008, was denounced by HRC as “a vehemently discriminatory bill that would make the state the first in the nation to pass a law attacking transgender children.”

South Dakota Lawmakers Double Down on Anti-LGBT Discrimination | Advocate.com

Sunday, November 22, 2015

Jury acquits former South Dakota pastor accused of sex crime

A jury has cleared a former South Dakota pastor and educator accused of having sexual contact with a minor.

KELO-TV reports that a Walworth County jury has acquitted 39-year-old Timothy Thompson of two counts of sexual contact with a child less than 16 years old.

Jury acquits former South Dakota pastor accused of sex crime

Thursday, October 29, 2015

Former pastor gets 3 years in prison for sex with minor






A former South Dakota pastor has been sentenced to three years in prison after pleading guilty to having sex with a minor while employed by a Canton church.

Tony Haglund was sentenced on Friday on one count of felony child abuse. He was originally charged with three counts of sexual penetration by a psychotherapist, sexual contact with a child under 16 and sexual contact by a psychotherapist.

He was ordered to pay a $10,000 fine or up to that amount restitution to the family.

Haglund was arrested on Oct. 6 in Sumter County, Fla., last year where he worked as a real estate agent.

Former pastor gets 3 years in prison for sex with minor

Monday, October 19, 2015

South Dakota to pay $242K in gay marriage fees

South Dakota on Friday agreed to pay $242,000 to attorneys for same-sex couples who challenged the state’s ban on gay marriages.

Attorney Josh Newville said the deal was finalized Friday, bringing to a close the lawsuit filed in federal District Court in May 2014.

“I’m glad we don’t have to fight over it anymore,” he said. “I’m certainly relieved and excited that it’s wrapped up.”

Newville sued the state on behalf of six same-sex couples, challenging South Dakota’s ban on gay marriages and its refusal to recognize marriages of same-sex couples who legally wed in other states.

U.S. District Court Judge Karen Schreier ruled in Newville’s favor in January, but put her decision on hold pending appeals. A federal appeals court affirmed Schreier’s ruling in August, allowing attorneys to proceed with their plan to seek legal fees from the state.

South Dakota to pay $242K in gay marriage fees

Monday, August 24, 2015

Brookings church dealing with ex-pastor's sex crime - Capital Journal: News


The senior pastor of Morningside Community Church in Brookings says he and the congregation are trying to minister to "everyone involved," in the sex crime of a former pastor sentenced this week to prison. The congregation changed its name late last year to Abundant Life.

Tim Bariteau, Morningside's worship pastor until last summer, is headed to prison after being sentenced this week to eight years for having sexual contact with a child.


Bariteau, 38,  was sentenced to 12 years in prison with four years suspended, according to news reports. Because it was ruled a crime of violence, he must serve at least half the time before he’s eligible for parole, Brookings Radio reported. He faced a maximum sentence of 15 years.

Brookings church dealing with ex-pastor's sex crime - Capital Journal: News

Saturday, July 4, 2015

Former Brookings pastor found guilty of sexual contact with a child | Brookings Radio

A Brookings County jury finds a former Brookings pastor guilty of sexual contact with a child under 16.

The verdict was returned against 37-year-old Timothy Bariteau Thursday afternoon.  Bariteau was indicted last November and arrested in California, where he had been living

The incident occurred in April or May of 2014 when Bariteau was one of the pastors at Morningside Community Church in Brookings.

The jury deliberated for about five hours yesterday before returning the guilty verdict.  States Attorney Clyde Calhoon says the jury reviewed the video of Bariteau being interviewed by D-C-I agents during the deliberations. Those had also been shown during the trial.

Former Brookings pastor found guilty of sexual contact with a child | Brookings Radio

Friday, June 27, 2014

SD men typified anti-tax crusade in their crimes - starherald.com: Regional/Statewide

A good article that lays out some of the basic claims made by sovereign citizens as well as the crux of Adrian's case.


The gist of the story,,,
Jerry Adrian was a prominent Sioux Falls businessman for almost 50 years, respected for his work ethic and reliability.

He was a community leader, known for a generous heart, a commitment to children and adherence to his Christian faith.

By the time he died last year, the Adrian name had become known for something else: tax evasion and a fringe ideology known as the sovereign citizen movement. The founder of Adrian Sod was charged with conspiracy to defraud the U.S. for a decade-long failure to pay taxes he had refused to recognize as legitimate.

His son, Jared Adrian, was given an 11-month prison sentence last week for following in his father’s unlawful business practices.

[,,,]
Before his arrest for tax evasion, Jerry Adrian and a former pastor named Ray Ehrman filed lawsuits citing a hodgepodge of legal doctrines to reclaim land that the sod dealer once had presented as a gift to a Christian counseling center.

He wanted the property back to establish a headquarters for “The Republic of South Dakota,” a group of believers who claim authority for themselves.

“We tried to talk him out of it,” said his brother, Jim Adrian. “You just couldn’t.”

Some of the claims of the movement,,,
Officials in South Dakota say the sovereign philosophy is more long-standing, prominent and problematic than might people might realize.

A Minneapolis man named Byron Dale who lectures on how to “break the bonds of economic servitude” has his roots in a mortgage protest. He fought foreclosure of his ranch in Timber Lake in the 1980s.

The Legislature passed a law in 1997 against the filing of counterfeit liens. It states that “lack of belief in the jurisdiction or authority of the state or of the United States is no defense to a prosecution,” in part as a response to the movement’s tactics.

The Adrian case, among others, shows that the thinking still thrives.

[,,,]
Ray Ehrman of Freeman, a former clergyman and truck driver, doesn’t like the term “sovereign citizen.” He was indicted on conspiracy charges alongside the Adrians, but the charges were dropped after Jerry Adrian’s death and his son’s guilty plea.

Sovereign citizen, he argues, is an oversimplification meant to smear the beliefs held by Adrian, Ehrman, Anderson and “hundreds” of others in the South Dakota.

“It’s a buzzword,” Ehrman said. “There’s a sort of guilt by association that happens with that word.”

[,,,]
Ehrman said he hasn’t filed a tax return since 1984. The U.S. tax code, Ehrman said, has at least 10 different definitions of “United States,” he contends.

“They never did say which United States (Jerry) owed taxes to,” Ehrman said.

Under his interpretation of the U.S. Constitution, the federal government has authority to impose income taxes only on the District of Columbia.

Ehrman, like many who espouse sovereign citizen beliefs, also claims there’s significance in the punctuation of “citizen” within the U.S. Constitution.

It’s spelled with an upper case letter in the earlier Amendments, but with a lower case letter from the Fourteenth Amendment on. The Fourteenth Amendment created a new class of citizen, they believe, separate from the sovereign, capital C citizens who existed before.

Adrian would point out he was not a corporate fiction — the lower case “citizen” — in legal filings.

[,,,]
A popular claim is that the government has commoditized citizens through the issuance of birth certificates and uses them in trade agreements with foreign governments. That birth certificates have names written in all caps is meaningful, adherents argue, and writing a name in lower case letters in legal documents is a way to distinguish one’s self from the “fictional” person cited by the government.

“It’s saying ‘the rules don’t apply because I’m a different kind of citizen. Because I’m a capital C citizen, you’re not the boss of me,’” Levin said.

In South Dakota, the beliefs lead to headaches for authorities and difficulties collecting on debts.

SD men typified anti-tax crusade in their crimes - starherald.com: Regional/Statewide

Tuesday, April 22, 2014

Car accident killed SD girls missing since 1971 - Yahoo News

Two South Dakota girls on their way to an end-of-school-year party at a gravel pit in May 1971 drove off a country road and into a creek where their remains lay hidden until last fall when a drought brought their car into view, authorities said Tuesday.

State and local officials held a news conference Tuesday afternoon confirming that the 1960 Studebaker unearthed in September included the remains of Cheryl Miller and Pamella Jackson, both 17-year-olds who attended Vermillion High School.

The investigators showed dozens of photographs of well-preserved clothing, Miller's purse and even her driver's license complete with a smiling photograph. Those personal items and DNA were used to identify the girls, said Attorney General Marty Jackley. Jackson didn't have her purse along.

Classmates who saw the teens before they disappeared and other evidence indicated that they had not been drinking, he said. In addition, mechanical tests on the car pointed away from foul play, Jackley said. He noted that the car was in the highest gear and the headlight switch on the dashboard showed the lights were on.

"It's consistent with a car accident," Jackley said. "To start with, the forensic pathology and anthropology reports indicate that there's no type of injury that would be consistent with or caused by foul play or inappropriate conduct."

He said the bodies were found in the front seats, as opposed to the back seat or trunk, and that their clothing did not appear to be missing — all of which points away from their deaths being caused by a crime.

Car accident killed SD girls missing since 1971 - Yahoo News

Wednesday, March 5, 2014

GOP Lawmaker: We Need to Ban Sex-Selective Abortions Because of Asian Immigrants | Mother Jones

No. This headline is not an exaggeration or hyperbole. This is the reality of some sick and twisted minds led by Jenna Hagger in South Dakota. What is ironic, these morons think baby girl fetuses should be protected, but adult women should be oppressed. And which of the 2 abortion providers in SD will the 100,000 or so Asian-Americans prefer to go to.

Imaginary problem, I think so.

South Dakota already has some of the most restrictive abortion laws in the nation. But last week, Republican legislators there moved to make it even harder for women to have abortions—with a law they argue is necessary to stop an influx of Asian immigrants from aborting their female children.

On Wednesday, by a vote of 60 to 10, the South Dakota House passed a bill that would ban abortions based on the sex of the fetus, or "sex-selective" abortions. Speaking in favor of the bill, Stace Nelson, a Republican state representative running for the US Senate, hearkened back to his time living in Asia as a Marine. "Many of you know I spent 18 years in Asia," Nelson said. "And sadly, I can tell you that the rest of the world does not value the lives of women as much as I value the lives of my daughters."

Don Haggar, another Republican state representative, warned that the values Nelson observed in Asia had already taken root in South Dakota. "Let me tell you, our population in South Dakota is a lot more diverse than it ever was," Haggar said. "There are cultures that look at a sex-selection abortion as being culturally okay. And I will suggest to you that we are embracing individuals from some of those cultures in this country, or in this state. And I think that's a good thing that we invite them to come, but I think it's also important that we send a message that this is a state that values life, regardless of its sex."

[,,,]
"The racism and the stereotypes and the stigma is laid so bare here," says Miriam Yeung, the director of the National Asian Pacific American Women's Forum. The group has long argued that that sex-selective abortion bans perpetuate negative stereotypes about Asian American women. "We've been saying that these bills are wolves in sheep's clothing. But in this case, I think the wolf has left off the sheep's clothing."

Haggar tells Mother Jones that he was not singling out any one ethnic group—although he specifically called out Nelson's Asian travels in his remarks Wednesday.

GOP Lawmaker: We Need to Ban Sex-Selective Abortions Because of Asian Immigrants | Mother Jones

Sunday, February 9, 2014

South Dakota lawmakers kill intelligent design, 'personhood before birth' bills | The Argus Leader | argusleader.com

An update on South Dakota's SB 112 ( as well as SB 101) which stated, "No school board or school administrator may prohibit a teacher in public or nonpublic school from providing instruction on intelligent design or other related topics."

Monroe said he was prompted to withdraw SB 101 because he feels personhood before birth has already been discussed at length by the legislature. Since sponsoring the bill dealing with the instruction of intelligent design, he said he has been contacted by “think-tanks” all over the country.

"It was getting too big for the amount of benefit that would come of it," Monroe said about SB 112. "I think there are better ways to do this that don't scare the daylights out of school boards and get everybody riled up."

Monroe said he still feels passionate about the topic, and will continue to pursue it outside of the legislature. He said students should be allowed to "see both sides."


South Dakota lawmakers kill intelligent design, 'personhood before birth' bills | The Argus Leader | argusleader.com

Tuesday, February 4, 2014

Intelligent design in South Dakota: Bill would allow teaching of creationism in public schools.

This juicy news bite comes from Phil Plait of "Bad Astronomy" fame. I would be curious of the total time and monies spent and wasted on these frivolous pieces of legislation nation wide. How much taxpayer money has gone into defending them and couldn't this money be better spent?

Of course, brevity and legality are two different things. As I have pointed out many times before, teaching intelligent design in public schools is illegal, because ID is the same thing as creationism, and that’s religion, which is a no-no to teach in schools. In fact, it’s unconstitutional (that link goes to the written opinion of Judge John Jones in the Kitzmiller vs. Dover case—a federal judge, and, I’ll note, a conservative one).

Intelligent design in South Dakota: Bill would allow teaching of creationism in public schools.

Thursday, January 30, 2014

Two More States Introduce 'Right to Discriminate' Bills | The Bilerico Project

Remember earlier this month when legislators in Arizona advanced a bill that would create a special "right" for individuals and businesses to refuse to serve LGBT people, as long as they claimed Jesus told them to? Well, similar bills could become law in two more states, if Republican legislators have their way. In Kansas, House Bill 2453 would allow both people and private businesses to deny a long list of services to LGBT couples, just as long as the person or business is "operating consistently with its sincerely held religious beliefs." (Funny, I wasn't aware that businesses had religious beliefs...)

[,,,]
The bill has a decent chance of passage, since the Republican Party controls both houses of the Kansas Legislature and notorious homophobe Sam Brownback sits in the governor's mansion.

Sounds bad, right? That's because it is. But believe it or not, South Dakota's bill could be even worse.

The relevant portion of South Dakota's "right to discriminate" bill, Senate Bill 67, reads as follows:
No person or any personal business may be required to provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage, or treat any marriage as valid for any purpose if such action would cause any such person or personal business to violate the person's sincerely held religious beliefs.
Two More States Introduce 'Right to Discriminate' Bills | The Bilerico Project

Wednesday, August 14, 2013

Is America's Biggest Liquor Racket About to Go Out of Business? | Mother Jones

I am not sure what caught my eye with this article, the staggering numbers, "the four liquor stores in the town of about a dozen full-time residents sold 4.6 million cans of beer. Or roughly 383,333 cans per person. Or 1,009 cans of beer per resident, per day." Or the idea that merchants are profiting of the misery of the Native peoples.

Activists in Pine Ridge and their allies have tried for years to shut down Whiteclay. For the most part, those efforts have focused on the creation of a dry buffer zone that would extend across into Nebraska (the reservation ends at the state line). Congress had mandated the 50-mile buffer upon creation of the reservation in 1889, but in 1904, the liquor lobby successfully persuaded President Theodore Roosevelt to eliminate that buffer by executive order (which may have not been legal). Lawmakers could have extended the buffer on their own but chose not to, and despite repeated requests, no administration in Washington has been willing to consider reversing Roosevelt's order.

Tuesday's vote would lift the prohibition on beer sales in Pine Ridge entirely (hard liquor would still be prohibited), and put the tribe in charge of sales, the profits from which it could invest in things like alcoholism treatment centers. The theory is pretty straightforward, and consistent with the idea behind repealing prohibition everywhere else: The current legal structure has only served to enrich distributors in Whiteclay while doing nothing to curb addiction. With 8 out of 10 households on the reservation (which has a population of somewhere between 18,000 and 40,000) impacted by alcoholism, it's hard to imagine legalization making things much worse.

Is America's Biggest Liquor Racket About to Go Out of Business? | Mother Jones