State v. Koehn , 2001 S.D. LEXIS 170 ( 2001 )

SABERS, Justice

(dissenting).

[¶ 23.] I join in Justice Amundson’s dissent for all of the reasons stated therein.

[¶ 24.] In addition, I condemn the tactics of the special prosecutor in “targeting” the Defendant and “compelling” his testimony against himself in violation of the letter and spirit of the Constitutions of the United States and South Dakota. To this extent, I differ with McDaniel’s statement that “we cast no reflection upon the integrity or motives of [the special prosecutor]....”

[¶ 25.] Although the conduct of the Defendant is incredible considering his position in the community, two wrongs do not make a right. To make things worse, the trial court judge prevented the defense from questioning the special prosecutor and the Attorney General’s Office supported the conduct, despite its admission that it is not “our preferred practice.”