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.

The South Dakota Supreme Court has upheld the sexual contact conviction of a Brookings pastor. Timothy Bariteau was convicted in June 2015 of rubbing his genitals against the buttocks of a 14-year-old girl on multiple occasions. Three justices upheld the conviction, but two justices dissented, saying the current legal definition of sexual conduct doesn't cover Bariteau's actions. SDPB's Victoria Wicks explains.

Victoria Wicks

An ACLU lawyer says South Dakota is looking good compared with certain other states when it comes to voting rights. Courtney Bowie was in Rapid City Thursday to give a presentation on this state's voting laws. She says a federal judge in North Dakota just declared that state's voting process unconstitutional because it puts up barriers to Native voters. But South Dakota has protections in place that make registering fairly easy and that allow for voting by affidavit.

The South Dakota Supreme Court has ruled that law enforcement officers' personnel records can be subpoenaed by defendants in criminal trials. State law says personnel records are confidential, but justices say the U.S. Constitution gives a defendant the right to prepare a defense. However, justices set guidelines to be met before officers' confidential records are opened, starting with a three-pronged test that originated with the prosecution of President Richard M. Nixon in 1974.

Victoria Wicks

This weekend in Rapid City, a one-block stretch of Seventh Street was closed to traffic and open to the CHAOS Maker Fair. Simply stated, the event featured things people make, whether high-tech, like holograms and musical bananas, or low-tech, like wooden block bridges. Vendors offered food and goods for sale, musicians took to a small stage under a huge tent, and tables displayed technology in a fun way.

Photo by Victoria Wicks

Work by contemporary Oglala Lakota artist Wade Patton is featured at an exhibit at Rapid City's Sioux Indian Museum, located in the Journey Museum. The show, called Re-Vision, opened this weekend and continues through Sept. 30.

Patton was raised in South Dakota and earned a Bachelor of Fine Arts degree at Black Hills State. He then moved to Boston and spent a decade there working as an artist as well as an art framer before returning home.

SD Department of Corrections

Death row inmate Briley Piper was back in court last week in Deadwood. Piper is challenging his incarceration in the South Dakota State Penitentiary, saying his legal counsel was insufficient and he should have been allowed to withdraw his guilty plea.

Lawrence County State's Attorney John Fitzgerald says the hearing lasted all day July 21.

A ranching couple from Quinn whose cattle drowned during a winter storm will receive compensation from their insurance company. The South Dakota Supreme Court has ruled that even though the cattle were not found immersed in water, they died from liquid saturating their lungs. SDPB's Victoria Wicks has this follow-up to the 2013 storm, which devastated parts of Western South Dakota.

For 2013 SDPB coverage of Winter Storm Atlas, click on the links below.

Victoria Wicks

At the Black Hills Pride Festival in Rapid City's Wilson Park this weekend, 49 rainbow flags dotted the lawn at the entrance to the event. Each one commemorated one of the 49 victims who were shot and killed last month in Orlando at Pulse nightclub. Mingling with the crowd were police officers, on foot or on bikes, providing security. A board member of the Equality Center, Amber Le Blanc, tells SDPB's Victoria Wicks that safety is an ongoing concern for people whose gender is fluid.

SD Department of Corrections

Charles Russell Rhines has been appealing his death sentence for the past 23 years, but his appeals process is coming to an end. Earlier this week, a federal judge denied Rhines' petition for habeas relief based on his contention that he didn't get sufficient representation from his lawyers. Rhines' next step is the Eighth Circuit Court of Appeals, if he gets permission from the federal court to once again appeal.

Paul Dean Jensen was serving life without parole for the murder and kidnapping of Mike Hare when the U.S. Supreme Court gave Jensen a second chance. The inmate was 14 years old when he committed his crimes. He was tried as an adult, and under South Dakota law at the time, his life sentence was mandatory. He spent almost 20 years in prison, and then his sentence was reconsidered at a hearing in Fort Pierre, held on Thursday and Friday last week.

Victoria Wicks

Paul Dean Jensen was serving life without parole for the murder and kidnapping of Mike Hare when the U.S. Supreme Court gave Jensen a second chance. The inmate was 14 years old when he committed his crimes. He was tried as an adult, and under South Dakota law at the time, his life sentence was mandatory. He spent almost 20 years in prison, and then his sentence was reconsidered at a hearing in Fort Pierre, held on June 2-3.

Photo by Victoria Wicks

Twenty years after committing murder, South Dakota penitentiary inmate Paul Dean Jensen has been given a reduced sentence. Sixth Circuit Presiding Judge John L. Brown heard testimony for two full days, June 2-3, before setting the new sentence at 200 years. Jensen, just 14 at the time of the crime, had an extensive juvenile history, but supporters say he's found religion behind bars.

Photo by Cara Hetland

Paul Dean Jensen was just 14 years old when he shot and killed Michael Hare in Stanley County. For that crime, Jensen was sentenced to life without parole, the mandatory penalty under South Dakota law. But now, 20 years later, U.S. Supreme Court rulings have given Jensen the opportunity to make a case for a lesser sentence. A clinical psychologist testified Thursday, June 2, that Jensen's potential release would require training and supervision to bring Jensen's life skills to an adult level.

Photo by Victoria Wicks

In a Fort Pierre courtroom, Paul Dean Jensen is up for reconsideration of his sentence. He robbed and murdered Michael Hare about 20 years ago, and because he was only 14 at the time, he now has a chance to argue for a sentence less than life without parole. Witnesses for Jensen say that he has changed over the years and now could be a productive member of society. But witnesses for the state testified that the crime remains fresh in their memories and has left wounds that are still raw today. SDPB's Victoria Wicks reports from inside the Stanley County Courthouse.

Photo from the "Free Paul Dean Jensen" Facebook page

In November 1996, Paul Dean Jensen was sentenced to life in prison without possibility of parole. That sentence was mandatory at the time, even though Jensen was only 14 when he committed premeditated murder. Now, almost 20 years later, he's getting a chance at someday walking free. Because of two U.S. Supreme Court decisions, Jensen's sentence is up for reconsideration at a hearing in Fort Pierre this week.

Photo by Victoria Wicks

A federal judge has set a hearing date to reach a resolution in a lawsuit alleging violations of the Indian Child Welfare Act, or ICWA. Judge Jeffrey Viken ruled more than a year ago that practices in Pennington County violate statutes and the U.S. Constitution. But he told parties at a status hearing on May 26 that recent transcripts show those practices have not changed. SDPB's Victoria Wicks has followed this case since it was filed more than three years ago.

For more information, open the links below, and those stories will give you more links to additional coverage.

Photo courtesy of John Murphy

A Hot Springs man convicted of third-degree rape has been denied a new trial. The South Dakota Supreme Court found that the prosecutor's conduct was "exceedingly inappropriate," but the evidence supported the jury's decision to convict. One justice, however, dissented from the majority opinion. Justice Janine Kern said the prosecutor's conduct was so improper, the conviction should be reversed.

Photo courtesy of Timothy Barnaud

The South Dakota Supreme Court has ruled that defendants who can't afford to make bail have to be given credit for the time they sit in jail before they're found guilty. That means pre-sentence incarceration must be deducted from the total time they're sentenced to spend in jail or prison. The attorney whose argument prevailed tells SDPB's Victoria Wicks that the ruling is a matter of fairness.

Photo by Victoria Wicks

Harney Peak in the Black Hills will keep its current name at least through the summer, as activists work to reach consensus on a new name. The U.S. Board on Geographic Names stalled at its April meeting and now has continued the matter to August. If area tribes can agree to Black Elk Peak as the new name, the board is inclined to make the change. 

The second-degree murder conviction of a Pierre teen has been upheld by the South Dakota Supreme Court. Justices ruled that a jury instruction given by the trial judge was legal. Two justices agreed with the majority opinion, but with reservations, saying that just because something is legal doesn't mean it should be done.

Photo courtesy of G. Michael Fenner

The U.S. Supreme Court is currently deliberating a Texas abortion case. The ruling is expected later this month.

Texas says its laws protect the health, safety, and welfare of its citizens. But opponents say the laws are designed to block the availability of the procedure.

A decisive opinion from the Supreme Court could resolve problems with certain abortion laws in South Dakota and other states, some of them hung up in appeals courts.

Photo by Laurel Hoskins

A lawsuit against Pennington County officials for violations of the Indian Child Welfare Act is moving toward resolution. A hearing in federal court at the end of May will give the state remedies for practices that violate ICWA. And last week, an issue over missing documents was resolved. SDPB's Victoria Wicks has followed this case since it was first filed in 2013.

Photo by Victoria Wicks

The U.S. Board on Geographic Names has not yet made a decision on changing the name of Harney Peak in the Black Hills. The board discussed the topic at its April meeting, held last week, but failed to come to a consensus.

Executive director Lou Yost says the board will probably take up the issue again at its June 9 or July 14 meeting.

On March 22, the South Dakota Supreme Court heard the appeal of a man convicted of kidnapping. On Thursday, April 7, the court issued a quick turnaround opinion, reversing the conviction.

Photo courtesy of Lakota Language Consortium

For a language to survive, it has to live, and a living language has to change. Speakers of the Lakota language made that realization generations ago and coined new words for new concepts.

Today, a consortium of teachers, speakers, and learners continue that work, to keep the language alive and growing.

At a weekend Lakota language workshop, instructor Ben Black Bear, Jr. says that a living language keeps a culture relevant.

Listen to audio below for the rest of this story.

The South Dakota Supreme Court says an Attorney General's ballot explanation of an initiated measure satisfies state law. That measure, which voters will consider in November, requires a cap of 36 percent interest and fees on short-term loans.

Justices upheld a lower court's refusal to look at studies showing that capped interest rates can destroy the short-term lending industry.

During oral arguments in February, plaintiffs' lawyer Alan Simpson said the Attorney General's opinion should include the damage done to the industry.

Photo courtesy of U.S. Attorney

A former state Department of Revenue employee is accused of defrauding banks and their customers in four states and wiring much of the money to coconspirators in Nigeria.

A 13-page indictment on file with South Dakota federal court lays out the allegations against 69-year-0ld Steven Arthur Knigge. They include wire fraud, bank fraud, money laundering, conspiracy, and tampering.

The South Dakota Supreme Court heard arguments Tuesday, March 22, in an appeal from a Sioux Falls man who says he was too intoxicated at the time of the crime to have formed intent to commit it. His attorney says the trial judge should have instructed the jury on specific intent as it relates to voluntary intoxication. But the state says the defense attorney made those points through evidence and closing arguments.

A New York man whose daughter was killed by a drunk driver in South Dakota says his family intends to attempt an initiated measure to designate vehicular homicide as a crime of violence.

Maegan Spindler and Robert Klumb were killed at Pickstown by Ronald Ray Fischer in July 2013. He was sentenced to the maximum 15 years for each death, to be served consecutively. For a nonviolent crime, he'll come up for parole after serving 30 percent of the sentence.

Legislative Research Council

In July 2013, Ronald Ray Fischer sped through a stop sign and killed two people who were standing in a Pickstown parking lot. First Circuit Judge Bruce Anderson did not find that Fischer's manslaughter charges fit the circumstances and instead found Fischer guilty of two counts of vehicular homicide.

The South Dakota Legislature is now batting around versions of a bill designed to ensure that egregiously impaired drivers who cause death face greater penalties.

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