Tag: Annette Bosworth

Categories
crime and punishment folly general freedom ideological culture

South Dakota Déjà Vu

Chad Haber, Annette Bosworth, Marty Jackley, South Dakota, illustration, Paul Jacob, Common Sense

In the words of Yogi Berra, the recently deceased baseball great: “It’s déjà vu all over again.”

We’ve followed the incredible case of Dr. Annette Bosworth extensively this year. She was convicted of twelve felony counts of petition fraud for circulating petitions that were signed at her medical office by patients (and her sister), while the doctor was in the Philippines on a medical mercy mission.

I don’t defend Dr. Bosworth signing that affidavit, stating that she witnessed those signatures, but I also don’t see criminal intent. Her attorney advised her it was lawful and all the signers were legitimate voters who truly wanted her to run for the U.S. Senate. Talking about felony fraud in such a case seriously misses the forest for the trees.

Bosworth wasn’t sentenced to prison time, thankfully.

But she lost her medical license.

Let’s hold people accountable, but not with an over-the-top vengeance likely to scare the average citizen away from political participation altogether. That’s been my message to South Dakota Attorney General Marty Jackley.

What about déjà vu?

Today, in a Pierre courtroom, Annette’s husband, Chad Haber, will be arraigned on felony charges for signing as the circulator on a petition with two signatures affixed when he was with his wife on that medical trip.

AG Jackley loudly proclaims that this is not his indictment; it was filed by a county prosecutor. But anyone who didn’t fall off the turnip truck yesterday knows how these things tend to work.

Haber challenged Jackley last election and the feud is well known and long-running. Being a prosecutor requires judgment, something Jackley lacks . . . as he will no doubt prove in court.

This is Common Sense. I’m Paul Jacob.

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Chad Haber, Annette Bosworth, Marty Jackley, South Dakota, illustration, Paul Jacob, Common Sense

 

Categories
Common Sense crime and punishment nannyism responsibility

First, Do No Harm

Annette Bosworth

I wish Annette Bosworth were my doctor. Since she lives and practices medicine more than1300 miles away, in South Dakota, that’s not to be.

Sadly, the question to be answered, officially, is whether Dr. Bosworth will be permitted to provide medical care to anyone in her state. Following convictions on 12 felony counts pertaining to petitions she circulated, the South Dakota Medical Board has asked Bosworth to surrender her license.

Today, Annette appears at a hearing before the medical board regarding the ultimate resolution of her status to legally practice medicine. Announcing she would fight to try to save her license, Dr. Bosworth declared, “I just can’t give up.”

No one seems to doubt that she is a caring and capable physician. At her sentencing, Judge John Brown noted the many letters he received supporting her, mostly from patients, concluding that, “you did good work.”

Even Attorney General Marty Jackley, who prosecuted her, agreed: “I join in the court’s recognition coming from those that know Dr. Bosworth best, her medical patients, that she is capable of helping them. . . .”

“It’s just a terrible shame,” offered her attorney Robert Van Norman, “for her, for all of us, in a rural state, to lose permanently this woman’s talents.”

It’s difficult to remain optimistic, given that Dr. Bosworth and the state medical board have clashed again and again over the years. Yet, if the board follows the “do no harm” principle of medicine, they’ll not prevent Dr. Bosworth from regaining her license and again providing the highest quality of care to the people of South Dakota.

This is Common Sense. I’m Paul Jacob.

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Annette Bosworth

 

Categories
crime and punishment general freedom ideological culture

Bosworth Sentenced

Dr. Annette Bosworth

Last week, Judge John Brown sentenced Dr. Annette Bosworth, a neophyte candidate for U.S. Senate from South Dakota, to twelve concurrent two-year prison terms . . . to be suspended provided she successfully completes three years of probation, pays the cost of her prosecution, and performs 500 hours of community service providing medical care to the poor.

Note: that final punishment is what she has been doing on her own for years, and is sort of why she is in this mess in the first place.

The case isn’t an innocent person being unjustly accused. I’ve met Annette Bosworth; I’m proud to call her a friend. But she wasn’t exactly innocent. She got bad advice and made a faulty decision to sign as the circulator of petitions when not every signature was affixed in her presence.

That’s a mistake. It shouldn’t be a felony.

The bigger issue? The over-the-top prosecution. Attorney General Marty Jackley’s heavy-handed, multi-felony approach sends a chilling message to anyone in South Dakota considering political participation.

More ominous is the apparent long-running personal feud between Jackley and Bosworth. In a statement after her sentencing, Jackley declared that Bosworth had “crossed the line of exasperation.”

But it is South Dakotans who should be exasperated with the AG: “Jackley had said before her sentencing,” the Capitol Journal reported, “that he might recommend prison time depending on Bosworth’s attitude after conviction.”

Meanwhile, State Rep. Steve Hickey, a chief Bosworth accuser, appears to have committed her same sin: signing a petition as circulator and not witnessing each signature. Jackley hasn’t bothered to investigate, but defensively told reporters, “I’ve never said that I won’t look into it.”

Tellingly, Mr. Hickey just resigned his seat in the legislature.

This is Common Sense. I’m Paul Jacob.

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Dr. Annette Bosworth

 

Categories
crime and punishment initiative, referendum, and recall

No Part Justice

Dr. Bosworth

Dr. Annette Bosworth was convicted last week on twelve felony counts. She now faces as many as 24 years in prison, $48,000 in fines . . . and the likely loss of her medical license.

Her crime? She circulated six nominating petitions to get on the South Dakota ballot in 2014. Thirty-seven people signed — at her medical office and at a Hutterite colony (where she sees patients) — while she was on a medical mission to help typhoon victims in the Philippines.

Dr. Bosworth’s sister was one.

But the affidavit on the petition reads that the circulator must actually witness each person’s signature being affixed. Bosworth should not have signed it.

Hence six counts of perjury and six more, one for each false document filed.

In court, Bosworth testified that her attorney — who legally notarized the petitions — told her she met the legal definition of a circulator.

Last month, I traveled to South Dakota to release a Citizens in Charge Foundation report on this prosecution. One key finding? While the threatened penalty is the most severe any American has ever faced in a petition-related case, Dr. Bosworth submitted signatures of people she knew and who very much did support her. No forgery, no fraud . . . against the voters.

In response, the state’s largest newspaper reported that, “[Attorney General Marty] Jackley said that it’s ‘well understood in state law’ that the offenses Bosworth faces are punishable by probation and not jail time.” Then after her conviction, Jackley suggested a presumption for “either no or limited actual jail time,” adding, “but that presumption can be overcome by a defendant’s conduct.”

Annette Bosworth should be held accountable. But aiming to ruin her life isn’t any part of justice.

This is Common Sense. I’m Paul Jacob.

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Dr. Bosworth

 

Categories
crime and punishment insider corruption political challengers

Time to Drop Charges

Annette Bosworth is a medical doctor. She’s also a political neophyte, last year having sought the Republican Party nomination for the U.S. Senate in South Dakota.

She lost. Which is not surprising.

But the next day, she was arrested on twelve counts of election fraud and perjury. She awaits a Feb. 3 trial facing an incredible 24 years in the hoosegow — and, not insignificantly, the loss of her medical license if convicted.

Is Bosworth some sort of threat?

Here’s the story: She gathered ample signatures to earn a spot on the ballot, some at her medical office. During the petition drive, however, she went to the Philippines for two weeks to help victims of a typhoon.

According to dates on the petitions, 37 people signed when Dr. Bosworth was saving people and not in South Dakota. Yet, she signed as the circulator, stating she witnessed the signatures being affixed.

To the guillotine!

Bosworth had asked her campaign attorney if she needed to get those 37 folks — whom she knows, one being her sister — to re-sign. She was advised that she didn’t.

Attorney General Marty Jackley insists Bosworth’s crimes are “serious, deliberate and must be addressed in order to preserve the integrity of our elections.”

Calling such haphazard signature petitioning “commonplace” in South Dakota, former state senator Gordon Howie explains that “during the frenzy of political seasons, MANY (and I do mean MANY) South Dakota politicians circulate petitions and sign as circulators when they are not ‘in the room.’”

Let’s you and me ask* the AG to do the right thing: drop the felony charges.

This is Common Sense. I’m Paul Jacob.

 

* Here is contact information for Attorney General Marty Jackley:

Ask him to do the right thing. Please drop all felony charges against Dr. Annette Bosworth.

Phone: (605) 773-3215

Email: atghelp@state.sd.us

Facebook:https://www.facebook.com/MartyJackley

Official Contact page on AG’s website