Victoria Wicks

SDPB Freelance Reporter/Producer

Rapid City freelancer Victoria L. Wicks has been producing news for SDPB since August 2007. She has in the past been a newspaper reporter, and she spent about 14 years advocating for crime victims in Rapid City and Aberdeen. Vicky is also a creative writer; several of her short stories have been published, one of them in an anthology titled Fishing for Chickens: Short Stories about Rural Youth. In addition, Vicky is a visual artist, creating pottery, watercolors, oil and acrylic paintings, and photographs. She holds a Master of Arts degree in English from the University of South Dakota.

Manlove Psychiatric Group

A two-day conference called New Paradigms in Mental Healthcare starts Friday in Rapid City.

The conference will highlight emerging treatments for mental health issues, treatment-resistant depression, and brain injuries.

The conference is hosted by the Brain Injury Rehabilitation Center and the Manlove Psychiatric Group. SDPB's Victoria Wicks reports.

The conference runs Friday and Saturday, March 24-25, at the Holiday Inn Rushmore Plaza, with six presentations per day. The conference is open to the public with a fee of $100 each day.

http://equalmeansequal.com/

Ratification of the Equal Rights Amendment failed by just three states in 1982. As a result, women today are not protected equally in a number of areas, including employment, criminal justice, and healthcare. That's the message of a documentary titled Equal Means Equal, screened at the Journey Museum in Rapid City Wednesday night. Democracy in Action sponsored the film to observe Women's History Month. SDPB's Victoria Wicks has this report.

Unless the legislature says otherwise, owners of flooded land can keep hunters, fishers, and boaters off their property. The South Dakota Supreme Court issued that opinion this week in a Day County case.

Game, Fish & Parks has maintained that members of the public may use the water as long as they get to it by legal means. But landowners say it's up to the legislature to enact a statute, and so far lawmakers have declined to do so.

SDPB's Victoria Wicks reports.

Victoria Wicks

The Keystone XL pipeline has had a long history for something that so far does not yet exist. It's future has not been decided either.

South Dakota's Public Utilities Commission first permitted the pipeline to cut diagonally across the western half of the state in 2010.

But TransCanada did not complete the project within four years, and so state law required the company to make assurances that it could still meet the requirements of the permit.

Victoria Wicks

The Keystone XL pipeline is at issue once again, this time in a South Dakota courtroom. Opponents filed an appeal in 2016 after the Public Utilities Commission gave the go-ahead for the pipeline the previous year. On Wednesday in Pierre, a Sixth Circuit judge heard oral arguments in the case.

Opponents say the PUC didn't do its job to ensure that TransCanada can build a safe pipeline.

But the PUC and TransCanada say the outcome followed state law.

SDPB's Victoria Wicks traveled to Pierre to get this report.

Victoria Wicks file photo

Paul Dean Jensen spent 20 years in prison, serving life without parole for a murder he committed in 1996 at the age of 14. In June, a judge reconsidered that penalty and imposed a 200 year sentence, with parole eligibility in 2021.

Now Jensen is appealing that second sentence. He says the sentencing judge abdicated his responsibilities to the parole board.

The South Dakota Supreme Court will consider this case on briefs during its March term. SDPB's Victoria Wicks has this report.

In 2014, South Dakota committed to using the services of Smarter Balanced Assessment Consortium, or SBAC. The consortium is located at UCLA and provides testing of K-12 student achievement.

On Tuesday, Feb. 14, the South Dakota Supreme Court heard oral arguments from its opponents. Two South Dakota taxpayers filed suit through the Thomas More Law Center, an organization in Michigan that battles Common Core standards. The plaintiffs claim the consortium is an interstate compact requiring consent of the U.S. Congress and violates state and federal law.

In 2011, prison officer Ron Johnson was murdered by two inmates who were trying to escape. His widow, Lynette Johnson, sued the South Dakota Department of Corrections and certain of its employees, in particular then-Warden Doug Weber. She holds that prison officials knew the inmates were planning an escape, but concealed that information after the incident.

The suit has been dismissed by both a federal court and state court. Now Lynette Johnson has appealed to the South Dakota Supreme Court.

Victoria Wicks file photo

A package of legislation designed to address mental health issues in criminal justice has been presented to the legislature in Pierre. House Bill 1183 is assigned to the House Judiciary Committee.

Chief Justice David Gilbertson has led the effort to reduce recidivism and increase services to mentally ill people who often end up in jail.

Victoria Wicks

A psychologist from San Antonio's Haven for Hope came to Rapid City on Thursday, Feb. 2, to speak to a crowd of more than 200 people at the Dahl Arts Center. This was a second trip for Gilbert Gonzales. He also visited in 2011 to help city and county officials kick off plans for a comprehensive service center for homeless people. Gonzales says addiction and mental illness often underlie homelessness, and treating the issues can ultimately save taxpayers a lot of money.

Victoria Wicks

The Black Hills Celtic Society celebrates the birthday of Scots poet Robert Burns every year. The Bard of Scotland--the Ploughman's Poet--was born in the middle of the Eighteenth Century and died young. But before he went, he produced 12 children by four women and an impressive collection of poetry and song. His birthday, Jan. 25, is celebrated wherever Scots live throughout the world. And that includes Rapid City. SDPB's Victoria Wicks joined that group Saturday night.

Miss Weiss

On Saturday South Dakotans joined millions of people across the world for a one-day rally. The Women's March on Washington was established as a show of solidarity and a rallying cry that women's rights are human rights. Companion marches took place in all 50 states and across the globe.

In Rapid City, protesters filled the City Administration parking lot, marched through a few blocks of downtown, and then gathered in Memorial Park.

Sent by Suzan Nolan

One of the South Dakotans who joined the Women's March on Washington, D.C., was Suzan Nolan of Rapid City.

Nolan had initially made arrangements to travel to Hillary Clinton's inauguration. After Donald Trump's victory, Nolan heard about the Women's March and kept her plane ticket.

Nolan talks with SDPB's Victoria Wicks from Washington after the march.

SD Department of Corrections

It has been 17 years since Dottie Poage lost her son to murder. Three men were convicted of killing Chester Poage, and all three men have had different outcomes.

One of them is Briley Piper, waiting on death row in the South Dakota State Penitentiary.

On Tuesday, Jan. 17, he failed to have his death sentence overturned by a state judge in the Fourth Circuit.

Dottie Poage tells SDPB's Victoria Wicks that she has had to be patient all these years, watching Piper go through years of appeals to avoid execution.

MELISSA HAMERSMA SIEVERS / SDPB

The importance of punctuation and grammar was at issue in the South Dakota Supreme Court on Wednesday. In a case involving open records, justices heard from lawyers representing the Argus Leader and the City of Sioux Falls. The dispute revolves around the wording of one short paragraph in the open records chapter and whether it allows government entities to keep records closed when they’ve entered into a contract.

Prior to 2009, South Dakota law established that government records were closed unless there was some reason to open them.

Melissa Hamersma Sievers / SDPB

The importance of punctuation and grammar was at issue in the South Dakota Supreme Court on Wednesday. In a case involving open records, justices heard from lawyers representing the Argus Leader and the City of Sioux Falls. The dispute revolves around the wording of one short paragraph in the open records chapter and whether it allows government entities to keep records closed when they've entered into a contract. SDPB's Victoria Wicks reports.

Melissa Hamersma Sievers / SDPB

South Dakota inmate Daniel Charles came up before the South Dakota Supreme Court on Tuesday, Jan. 10. Charles' attorney asked for reconsideration of his 92-year prison sentence. Charles was 14 when he killed his stepfather in Meade County. He's now 32. He'll be 60 before he comes up for parole. His attorney argues that parole at retirement age doesn't allow Charles to have a meaningful life on the outside. SDPB's Victoria Wicks reports.

Victoria Wicks

Children at the Rapid City Public Library celebrated the new year a day and a half early. The "half" day comes about because they rang in the NOON year, counting down to 12 noon on Friday instead of 12 midnight on Saturday.

Children gathered on the second floor to make masks and crowns and then moved to the first-floor lobby for bagpipes, balloons, and a ball drop.

As SDPB's Victoria Wicks reports, the reviews were a rave: the first-time event was "awesome."

In a tightly divided decision, the South Dakota Supreme Court has ruled that plaintiffs in a medical liability case may see the records of patients who are not parties to the lawsuit. Three justices say state law allows release of records as long as the patients can't be identified. But two justices say state law is clear that there are no exceptions to privilege.

Photo illustration by Victoria Wicks

In Rapid City during Hanukah, Jews gather at Main Street Square for eight nights to light the menorah. The first night was Dec. 24, and the last night is Dec. 31. People gather just before sunset to sing Hanukah songs and celebrate the resiliency of the Jewish people.

The menorah lighting occurs every night at sunset, at about 5:10 p.m., ending with Dec. 31.

To hear a longer interview with Steve Benn, click on the audio below:

courtesy photo

A federal judge has ordered Seventh Circuit and Pennington County officials to stop violating the Indian Child Welfare Act.

Judge Jeffrey Viken's order affects emergency hearings held within 48 hours of the removal of children from their parent or guardian's care.

The judge's order responds to a lawsuit filed in Rapid City in March 2013 and resolves seven of eight issues. SDPB's Victoria Wicks reports on this latest development.

Unified Judicial System

David Gilbertson has been chosen by his colleagues on the South Dakota Supreme Court to serve another four years as Chief Justice.

Gilbertson says one priority is to expand mental health services for addicts and defendants.

Gilbertson was appointed to the court in 1995 and has presided since 2001. In that time, he says, the state's drug and alcohol courts have grown but so have the state's problems with addiction and mental illness.

SDPB's Victoria Wicks reports.

Minnehaha County Sheriff website

The South Dakota Attorney General has issued an opinion that Amendment S, or Marsy's Law, does not prevent the public release of certain crime information.

Some law enforcement and public safety agencies have acted on the belief that a victims' rights are conferred automatically, at the time the incident occurs. Certain agencies responded by withholding the specific location and names of victims in crime and vehicle crash reports.

Attorney General's Office

The Attorney General is issuing a 10-page opinion to clear up some questions created by Amendment S, or Marsy's Law.

Marty Jackley has appointed almost 30 professionals to serve on a committee to come up with answers.

On Monday, Dec. 5, Jackley held a conference call with the committee to discuss a draft opinion he and his staff created.

Jackley says more work remains to be done, and subcommittees can add insights.

Governor's Office

Public officials confused by the language of the recently passed victims' rights amendment are hoping a task force will sort out the issues. Amendment S, or Marsy's Law, was added to the state's constitution last month, after voters approved it. In response, certain agencies are now closing public records. The attorney general has appointed a 25-member group of state and local officials to study the reach of the new law. SDPB's Victoria Wicks reports.

SD Department of Corrections

The South Dakota Supreme Court has answered this question: can a person commit burglary if he's entering his own home? The high court released its opinion to the public on Thursday, Dec. 1, and the answer is yes, under certain circumstances. Justices say it's not so much about who owns the house as it is about the security of the people living there. SDPB's Victoria Wicks explains.

Victoria Wicks

A Pennington County official says one of the major problems in Rapid City is that wages don't support the cost of housing. The director of Pennington County Health and Human Services was one of a group of behavioral health professionals who met in Rapid City on Wednesday, Nov. 30, to find overlaps and gaps in services for the poor. The gathering was part of Collective Impact, an effort to study community problems and find solutions.

COLLECTIVE IMPACT DIRECTOR: FOOD STUDY SHOWS SERVICE GAPS

The South Dakota Department of Public Safety has stopped releasing the names of people killed or injured in traffic accidents, at least for now. The department instigated this rule in response to the new amendment to the state constitution that spells out the rights of crime victims. Included are rights to privacy and to prevent the release of certain information. SDPB's Victoria Wicks has this report.

Matt Gade/The Daily Republic

The South Dakota Supreme Court has upheld the murder conviction of Maricela Diaz. She was 15 years old when she and her boyfriend tortured, stabbed, and burned to death a 16-year-old girl near Mitchell.

Diaz claims the sentencing judge did not thoroughly take into consideration her dependency on her abusive boyfriend and her young age when he sentenced her to 80 years in prison.

The South Dakota Supreme Court has upheld the firing of a former Division of Criminal Investigation agent.

Mark Black argued that the DCI did not have sufficient cause to fire him. He also claimed that he wasn't given due process by the DCI or by the Civil Service Commission and the Sixth Circuit Court when he appealed his firing.

Black was dismissed for "chronic misbehavior," poor judgment, and allegations of domestic abuse. SDPB's Victoria Wicks has this report.

To read the SD Supreme Court opinion in its entirety, click on this link:

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