Argus-Leader from Sioux Falls, South Dakota • Page 19

STATE REGION www.argusleader.com Argus Leader, Sioux Falls, South Dakota, Friday, Oct. 19, 2001 3B Federal trial to begin for man deemed insane in state court Judge rules 20-year-old can be tried again for kidnapping of policeman federal charges were filed against him. Although his lawyer argued that he could not be prosecuted again for the same crime, U.S. District Judge Charles Kornmann of Aberdeen ruled otherwise. "A federal prosecution is not barred by a prior state prosecution of the same person for the same acts," Kornmann said in his defense psychiatrist said Waldman began developing mental problems as a child and got worse while held in solitary confinement for long periods in reform schools.

Dueling psychiatrists are again on tap for his federal court trial, which will begin Monday and may last five days. Among the evidence will be a videotape that was running in Panzer's police unit during the abduction. Although the camera was pointed forward, and Waldman pulled a hidden gun from his pants while in the back seat of the car, the audio portion of the tape is clear. Panzer said he was kidnapped Josh Waldman stop. State court jurors also found Waldman innocent on a charge of attempted first-degree murder.

Because he was found innocent by reason of insanity on charges of kidnapping, aggravated assault, armed felony, attempted escape and illegally carrying a concealed weapon, state law required that Waldman be placed in the Human Services Center. In such cases, people are treated until they are no longer considered dangerous. Waldman, who quit school in the ninth grade, was sent to the mental hospital in December. He was removed a few months later when 7 i- iff fe EdiDlkBGQ to mm Chronic wasting disease traced to Colorado ranch that sold animals BY JOE KAFKA Associated Press PIERRE A man earlier judged in state court as being not guilty by reason of insanity for last year's kidnapping of a Pierre policeman will stand trial next week in federal court on related charges. Josh Waldman, 20, is charged with carjacking and using a gun during a violent crime.

A carjacking conviction can bring a maximum prison term of 15 years, and a guilty verdict on the second charge would automatically add seven more years. Jurors in Hughes County Circuit Court found that Waldman was mentally ill when he abducted Lt. David Panzer during a traffic Tuition Continued from IB Central Lyon High School. "I may have to take out student loans and get a part-time job." The timing of the proposed tuition hike is bad because the stock market tumble has taken a toll on the college fund Williams' parents established for her. Williams has saved her own money for college by working a summer job in Sioux Falls, but she wasn't anticipating a big jump in expenses.

"It will be a tighter squeeze," she said. Still, Williams remains set on attending Iowa State to pursue a degree in civil and environmental engineering. She checked out the universities of Minnesota and Wisconsin, but they would have been more than twice as costly as staying in state. Besides, Iowa State's program for women in engineering, and its campus, appealed to her. Student-body presidents from the three Iowa state universities voiced concern about how such a large increase would affect students' ability to afford the schools.

"Quite bluntly, this increase will be catastrophic for many students who are living paycheck to paycheck, loan to loan and year to year," said Andy Tofilon, student body president at Iowa State. Tofilon asked that the regents stick to their previous tuition increase estimate, which was 15.5 percent. "Adding more to the increase now is simply balancing your checkbook on the backs of students," he said. University of Northern Iowa Student Body President Adam Briddell called for a more predictable way of increasing tuition which would allow students to plan ahead for bigger bills. The student leaders said they understand the need for a tuition increase but want the Board of Regents to keep the needs of students in mind when making their decision.

"We ask that you show compassion for the students of Iowa," Tofilon said. Regent and Iowa State student Lisa Ahrens said after the meeting that there is still time to negotiate the increase. i ASSOCIATED PRESS FILE PHOTO Visitors view the mass grave marker on Custer Hill near the visitors center at The Battle of Little Big Horn National Monument In Crow Agency, In this June 23, 1996, file photo. A decade after authorizing construction, Congress has agreed to provide the money to build a memorial to Native American warriors who fought at the Battle of the Little Bighorn. Funds approved for Little Bighorn Indian memorial BY ROBERT WELLER Associated Press DENVER At least 1,500 commercial elk are being destroyed in Colorado and other states to stop a fatal disease that threatens to spread to wild deer and elk.

The outbreak of chronic wasting disease was traced late last month primarily to the Elk Echo Ranch in Stoneham. State Agriculture Department spokeswoman Linh Truong said 1,500 elk in Colorado were marked for destruction, beginning with 148 on Thursday, and the number could grow. At least 245 elk that were shipped to 15 other states from Colorado ranches have been quarantined, and some or all of those will be destroyed, too. "We're holding our breath to find out how far this has gone," said Todd Malmsbury of the Colorado Division of Wildlife. Wildlife officials, environmentalists and hunters are worried the disease could spread to deer and elk in the wild and damage the multibillion-dollar hunting and game-watching industries.

"I cannot even imagine what it would do to the hunting industry if this disease gets out into the deer population," said Bob Meu-lengracht, field director for the Mule Deer Foundation, an organization of hunters. Recognized in 1967, chronic In his first trial, Waldman's defense was that he did not know what he was doing when he abducted Panzer. His lawyer said I -r by next summer, Mangum said. On June 25, 1876, Custer staged a surprise attack on an Indian village on the banks of the Little Bighorn River. He expected relatively few warriors.

He badly miscalculated. A force of Sioux, Cheyenne and Arapahoe warriors estimated to be as many as 2,500 counterattacked. Custer and his immediate command -some 260 soldiers and his Crow Indian scouts were surrounded and wiped out. White headstones, along with a looming granite hilltop memorial, honor the men who fought with Custer at what is known as Last Stand Hill. But there's "no visual image for the Indians who fought here," Mangum said.

"That was a strong argument for a memorial." The Indian memorial design includes bronze tracings of three way that will help traffic movements, particularly people coming from the north and east," Schiebout said. "Now, much of that traffic on (County Road) B-40 goes from Highway 75 north. It will be "Do you want to but your credit is while taking Waldman to jail for underage drinking. Waldman was convicted of drunken driving at his earlier trial. Court records indicate that Waldman has been in trouble with the law since he was 11.

His juvenile record lists such things as forgery, truancy, breaking and entering, illegal firearm possession, vandalism, drugs and car theft. Alan Brevik, medical director at the Human Services Center, said Waldman showed no signs of mental illness when he arrived there Dec. 12. He was instead diagnosed as anti-social and a person with drug and alcohol problems, Brevik stated in a letter to Circuit Judge Steven Zinter of Pierre. 31 wasting disease causes animals to grow thin and die.

It comes from the same family as mad cow dis-. ease but is not known to be trans missible to humans. "I There is no known cure of treatment. And the only way to determine for certain that an animal is infected is to kill it and examine its brain. A The disease exists in the wild iri the United States, but only in a single swath in Colorado! Wyoming and Nebraska.

Investigators believe it somehow spread from the wild to the ranch-raised animals. Commercially raised elk are sold back and forth between rancb es, which sell breeding stock meat and antlers and, in some cases, allow hunting for a fee. Colorado agricultural officials said elk from the Stoneham ranch1 have been delivered to ranches iri North Dakota, South Dakota, New Mexico, Utah, Minnesota, Wis consin, Texas, Oklahoma, IdahOj Indiana, Illinois, Kansas, Missoun; Nebraska and Pennsylvania. Bryan Richards of the Texas Department of Parks and Wildlife said even though only one suspect elk was imported, "we are taking this dead serious." Truong said the carcasses will be destroyed using burner designed for use with diseased animals. The devices blow super; heated air over the carcasses.

1 West Side Plaza location Stop by or Call Today! 5237 W. 26th Street (605) 361-0397 ,1 1 401 E. 8th Street, Suite 209 Sioux Falls, SD 571 03 he was abused as a child by his father, was shuffled from one reform school to another, and had a drug habit that made him paranoid toward police. A prosecution psychiatrist insisted that Waldman was sane when he pulled a gun and forced Panzer to drive several miles out of town. The officer escaped by jumping out and firing into the back seat of his cruiser; Waldman, who was not hit, then surrendered.

Apparently more believable in the eyes of state court jurors, a d-i 1 warriors, representing the Sioux, Cheyenne and Arapahoe, and a "spirit gate," meant to welcome the cavalry dead. Linda Pease, a Crow Indian who served on a memorial advisory committee, said the memorial will help further the understanding of Indian views of the battle. "Now, it is a time when our government needs to look inward to find strength within its own people," said Pease, whose greatgrandfather was a scout for Custer. "We are some of those people that need our citizenships in the United States reaffirmed." Former Rep. Pat Williams, who pushed the authorizing legislation, said the money should have been provided earlier.

"This will reconcile the anger and misunderstandings that have lasted too long between native people and the rest of us," Williams said. alternate route quicker once 12th Street gets through." Grading should be finished this fall, with paving scheduled for next year, according to Schiebout. own a computer less than perfect?" Id. Values Finances Mike Helling LUTCF.FIC Registered Representative 605-373-9121 Call Mike Today For: Annuities Retirement Plans Other Benefits for Lutherans conducted through Lutheran Brotherhood Curves BY BECKY BOHRER Associated Press BILLINGS, Mont. A decade after authorizing construction, Congress has agreed to provide the money to build a memorial to Native American warriors who fought at the Battle of the Little Bighorn.

"This is good, good, good, great news," said Neil Mangum, superintendent at Little Bighorn Battlefield National Monument in southeastern Montana. Congress approved $2.3 million Wednesday to build the memorial at the battlefield, where Lt. Col. George A. Custer and his 7th Cavalry troops were wiped out 125 years ago.

The money was included in the spending bill for the Interior Department that now goes to President Bush for approval. Construction could begin as early as spring and be completed doughnuts or head to the Taco Johns or Dairy Queen restaurants next door. Schiebout said commuters from the east will probably use the alternate route. Sioux Center also intends to provide a direct link from 12th Street Northeast to the industrial park. "It's an important piece of road for women "30 min.

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