NEBRASKA GOVERNOR JIM PILLEN WILL NOT CALL FOR A SPECIAL SESSION ON THE ISSUE OF WINNER TAKE ALL ELECTORAL VOTES
LINCOLN, NE – Nebraska Governor Jim Pillen says in a news release that he will not call a special session of the unicameral legislature to restore the state’s winner-take-all electoral college votes prior to the 2024 presidential election.
The statement says that the Governor and his team have worked to secure a filibuster-proof 33-vote majority to get the winner-take-all motion passed before the November election but that they were ultimately unable to persuade 33 state senators.
Pillen called that failure quote “profoundly disappointing” end quote, and he went on to state that based on that lack of votes he has no plans to call a special session prior to the November general election.
$3 MILLION FOR INDIGENT LEGAL DEFENSE WILL COVER ONLY 12% OF COUNTY COSTS
PIERRE, S.D. (Makenzie Huber / South Dakota Searchlight) – The $3 million that South Dakota will send to counties in the coming weeks for their indigent legal service expenses will cover less than 12% of the collective amount of those costs incurred by counties during the last fiscal year.
The Legislature approved the one-time payouts earlier this year. The Unified Judicial System recently announced the state will distribute the funds based on how much each county spent on indigent defense, which is when judges appoint legal representation for someone who can’t afford to hire an attorney. That includes court-appointed attorneys and public defenders for criminal defendants, and representation of abused and neglected children.
Minnehaha County will receive about 30% of the $3 million total, having spent $7.7 million last year. Pennington County will receive 23% of the total, having spent $5.9 million.
Sen. Randy Deibert, R-Spearfish, advocated for indigent defense funding for counties during the last legislative session, which ended in March. Deibert said the distribution is fair, but added that the funding comes too late. The distribution couldn’t be calculated until after the state established the Commission on Indigent Legal Services this spring.
Lawmakers hoped the funding would help to stabilize and offset property taxes, Deibert said. County governments can put the funding in their reserves if they’ve completed the budgeting process, but the mill levies, which control property taxes, won’t be impacted. Mill levies are set based on the county’s budget.
State law requires county commissioners to adopt a budget by Oct. 1 each year, though county budgets are often finalized in September. While some counties might still be able to squeeze in the projected reimbursement amounts, others won’t, Deibert said. Ideally, the funding should have been distributed in July or August, he added.
“If counties could have budgeted that money, they might have been able to reduce the mill levy,” Deibert said.
Deibert co-chaired a summer committee in 2023 studying county funding issues. The committee recommended a cap on indigent defense costs for counties, above which the state would have been required to cover expenses. The price tag of the proposal ranged from $35 to $50 million at the time.
The Legislature instead passed a bill to create the Commission on Indigent Legal Services and a state public defender office, which included the $3 million one-time reimbursement for counties. The public defender’s office will handle appeals by indigent defendants to the state Supreme Court, while counties will remain responsible to provide representation to indigent defendants prior to their appeals.
Deibert hopes to continue reimbursing counties and increase the amount to $20 million; or, he said, the state could take over indigent legal services completely.
“That’s a big request,” Deibert said.
PROSECUTORS SAY IOWA MAN JAILED FOR ROLE IN CAPITOL RIOT MISTAKENLY RELEASED FROM PRISON EARLY
UNDATED (AP) – The federal Bureau of Prisons mistakenly released an Iowa man from custody before he finished serving his 30-month sentence for storming the Senate chamber during a mob’s attack on the U.S. Capitol, Justice Department prosecutors said in a court filing this week.
Leo Christopher Kelly of Cedar Rapids was freed last Thursday after an appeals court agreed to throw out one of his convictions stemming from the Jan. 6, 2021, riot.
But prosecutors believe Kelly’s release was a mistake because he only served 11 months of his 30-month sentence. In a court filing Monday, they asked U.S. District Judge Royce Lamberth for a hearing to address Kelly’s release.
The Bureau of Prisons told The Associated Press that Kelly was “inadvertently released” last week after a “misinterpretation of a court order.” The bureau’s statement doesn’t elaborate on the reason for the error, but it says that Kelly, 39, reported to a probation officer “as instructed” and remains free while awaiting a resentencing hearing.
Prosecutors also are asking the judge to schedule a hearing for resentencing now that Kelly’s only felony conviction has been tossed by the federal appeals court for the District of Columbia circuit.
In May 2023, a jury convicted Kelly of all seven counts in his indictment. One of his convictions was for a charge that he obstructed an official proceeding, the Jan. 6 joint session of Congress for certifying President Joe Biden ‘s electoral victory over Donald Trump.
In June, however, the U.S. Supreme Court limited the government’s use of that obstruction charge. The justices ruled 6-3 that the charge of obstructing an official proceeding must include proof that defendants tried to tamper with or destroy documents.
After the ruling, prosecutors and defense attorney Nicholas Smith joined in asking the appeals court to vacate Kelly’s obstruction conviction. His remaining convictions were for misdemeanor offenses.
Smith declined to comment Tuesday on prosecutors’ filing.
Lamberth sentenced Kelly in August 2023 and refused to release him pending the outcome of his appeal. The judge indicated last month that he was unlikely to reduce Kelly’s sentence.
A Bureau of Prisons database doesn’t specify where Kelly was serving his sentence when he was released last week.
A day before the Jan. 6 riot, Kelly drove to Washington, D.C., to attend then-President Trump’s “Stop the Steal” rally near the White House. He marched to the Capitol, joined other rioters in entering the building and made his way to the Senate floor.
Kelly approached the dais where then-Vice President Mike Pence had just presided over the Senate. He took videos of documents on desks — including a ballot sheet, handwritten notes and a script — before police cleared the rioters out of the chamber.
Approximately 1,500 people have been charged with Capitol riot-related federal crimes. More than 600 of them have been convicted and sentenced to a term of imprisonment ranging from a few days to 22 years.
KIDNAPPING CASE RESULTS IN CHARGES AGAINST SIOUX FALLS WOMAN
SIOUX FALLS, S.D. – A second arrest has been made in connection to a Sioux Falls kidnapping case.
Diana Segura Luna has been charged with Kidnapping and Aggravated Assault and was arrested on September 22nd.
According to SFPD Public Information Officer Sam Clemens, the arrest is related to a kidnapping case that took place in Sioux Falls on September 19th.
On September 19th, a 47-year-old woman was held against her will in an apartment and was eventually taken to an area near Clear Lake Township in Minnehaha County. Enough evidence was collected to charge 30-year-old Edgar Segura with Aggravated Kidnapping, Aggravated Assault and second-degree Attempted Rape.
Last week, Clemens said police were still learning if any others were involved. On Tuesday, Clemens said police expect more arrests to be made and the case is still being investigated.
Luna’s charge carries a $100,000 cash bond.
17-YEAR OLD FOUND DEAD IN IOWA IDENTIFIED
CALHOUN COUNTY, IA (KTIV/KCCI) – The teenage girl found dead in a Northwest Iowa county has been identified.
KCCI is reporting that 17-year-old Michele “Luna” Jackson was reported missing on Sunday, Sept. 22, and her body was found early in the morning on Monday, Sept. 23.
Jackson’s obituary states a private funeral will be held this week and a public celebration of life will be held later.
Authorities have yet to release details on how Jackson died but have confirmed a body was found in Farnhamville, Iowa.
Court documents show at least one person has been arrested in connection to her case, 21-year-old Nathaniel Bevers-McGivney of Gowrie, Iowa.
Bevers-McGivney is charged with abuse of a corpse – failure to disclose a known location. He is accused of hiding the girl’s body in Calhoun County to conceal a crime. He is currently being held in the Carroll County Jail.
A criminal complaint says late Sunday night a mother reported her daughter missing to the Calhoun County Sheriff’s Office. She and her other daughter were out walking and looking for Jackson when they came across Bevers-McGivney, who was covered in what appeared to be blood. Authorities claim he was also in possession of the missing daughter’s scooter and other personal effects.
No other charges have been filed in this case as of Tuesday, Sept. 24.
An Iowa man has been arrested and charged in connection with that death. Court documents show 21-year-old Nathaniel Bevers-McGivney of Gowrie is charged with abuse of a corpse – failure to disclose a known location. He is accused of hiding a girl’s body in Calhoun County, Iowa to conceal a crime.
YELLOH, FORMERLY KNOWN AS SCHWAN’S, TO CEASE OPERATIONS
UNDATED (Gray News) – Yelloh, a food delivery company formerly known as Schwan’s, announced Monday that it will cease operations in November.
“It’s with heavy hearts that we made the difficult decision to cease operations of Yelloh,” said CEO Bernardo Santana. “We are thankful to our many loyal customers and hard-working employees for everything they have done to support us. I am deeply grateful for our employees’ tireless and bold efforts, and our customers’ dedication. It has been our utmost pleasure and honor to serve our customers their favorite meals and frozen treats.”
Founded as Schwan’s in Marshall, Minnesota, in 1952, the company expanded to serve people nationwide, delivering frozen meals, food, treats and ice cream to homes.
Its products are available currently via direct ship or through delivery from the company’s distinctive yellow trucks.
The company announced its name change to Yelloh in 2022.
Yelloh blamed “multiple insurmountable business challenges” in part for the move to end its operations, as well as changing lifestyles and economic and market forces.
The last day products may be purchased via Yelloh trucks will be Nov. 8.
The company has about 1,100 employees.
Yelloh said it will wind down operations over the next two months, taking care of employees with notice and pay in accordance with the WARN Act.
“As it is for the people of Yelloh, closing this company is a heartbreaking decision for me personally,” said Michael Ziebell, board member, who was a 22-year veteran of the company holding leadership roles in the 1990s and early 2000s. “Our concern is now for our employees and caring for them as we all come to terms with the fact that this business – that served millions of families and provided a livelihood for thousands over the decades – has regrettably run its life cycle.”
