UNITED STATES NEWS

Court rules documents in Sanford case must be unsealed

Apr 6, 2023, 10:51 AM

The South Dakota Supreme Court ruled Thursday that affidavits from an investigation into child pornography allegations against billionaire philanthropist T. Denny Sanford must be unsealed.

In 2019, South Dakota investigators searched his email account, as well as his cellular and internet service providers, for evidence of possession of child pornography, after his accounts were flagged by a technology firm.

Sanford, the state’s richest man, was not charged after the South Dakota attorney general’s office said its investigation into the allegations found no prosecutable offenses within the state’s jurisdiction.

Sanford had sought to bar affidavits used to issue search warrants in the case. But the Sioux Falls Argus Leader and ProPublica argued in court that the documents should be made public.

After the decision not to file charges, Judge James Power ordered in June 2022 that South Dakota law required the affidavits to be unsealed. They were kept sealed while Sanford’s attorneys appealed, sending the case to the state Supreme Court.

Sanford argued that releasing the documents could have an impact on his privacy and reputation.

Initially, the court documents referred only to “an implicated individual,” leading the Argus Leader and ProPublica to go to court seeking access to the records.

The search warrants were unsealed in 2021, identifying Sanford by name for the first time, but the affidavits remained sealed.

In Thursday’s unanimous decision, the state Supreme Court’s found the lower court had thoroughly considered all legal and constitutional ground asserted by Sanford.

“The court’s approach to redaction fell soundly within its discretion, and the court appropriately exercised its discretion to “decide whether there (were) sufficient grounds to prohibit access” to the affidavits.

Sanford, the founder of First Premier Bank in South Dakota, has donated billions to hospitals, universities and charities, and the Sanford Health system is named for him. He made his fortune as the founder of First Premier Bank in South Dakota, which is known for issuing high-interest credit cards to those with poor credit.

His attorney, Stacey Hegge, argued that Sanford should be able to inspect and participate in redacting the affidavits before the circuit court unseals them, to avoid any disclosure of trade secrets.

Hegge declined to comment Thursday on the ruling and would not say if an appeal was planned.

Shelly Conlon, the Argus Leader’s news director, applauded the court’s decision.

“To take on a Goliath of an influence in our community and win today is a strong victory for the public’s right to know,” Conlon said. “The law is clear, and the Court’s decision only reaffirms the role journalism has in accountability and understanding government, public figure and law enforcement decisions.”

Jon Arneson, attorney for the Argus Leader, noted that the ruling came just two weeks after attorneys argued the case before the state Supreme Court.

“Obviously, I agree with the Supreme Court’s unanimous decision,” he said. “The reasoning was sound and well articulated.”

The court’s ruling also noted that attorneys for the state had argued that unsealing an affidavit after the investigation was over was consistent with society’s interests in having law enforcement and the judiciary operate in public, even when no charges are filed.

United States News

Associated Press

Man freed after 11 years in prison sues St. Louis and detectives who worked his case

ST. LOUIS (AP) — A St. Louis man who spent 11 years behind bars for a killing before his conviction was overturned is suing the city and detectives who worked on his case, claiming the conviction for a crime he didn’t commit violated his constitutional rights. Lamont D. Cambell’s lawsuit claims that a faulty investigation […]

2 minutes ago

Associated Press

Michigan State selects UNC-Chapel Hill chancellor as next president

LANSING, Mich. (AP) — Michigan State University named the chancellor of the University of North Carolina at Chapel Hill as it’s next president Friday morning, ending a search that began last October after the previous president quit amid tension with the school’s governing board. Kevin Guskiewicz, who has served as chancellor at UNC-Chapel Hill for […]

2 hours ago

Hunter Biden leaves after a court appearance, July 26, 2023, in Wilmington, Del....

Associated Press

Hunter Biden indicted on nine tax charges, adding to gun charges in special counsel probe

Hunter Biden was indicted on nine tax charges in California on Thursday as a special counsel investigation into the business dealings of President Joe Biden's son intensifies.

3 hours ago

Associated Press

Man suspected of firing shotgun outside Jewish temple in upstate New York faces federal charges

ALBANY, N.Y. (AP) — A man arrested for firing a shotgun into the air outside a Jewish temple in upstate New York been federally charged, officials said. Mufid Fawaz Alkhader, who officials say fired the shotgun twice outside a synagogue in Albany on Thursday, has been charged with possession of a firearm by a prohibited […]

3 hours ago

Associated Press

Woman charged with attempted arson of Martin Luther King Jr. birthplace in Atlanta

ATLANTA (AP) — Atlanta police have arrested a woman who’s accused of trying to burn down the birth home of the Rev. Martin Luther King Jr. in Atlanta. Officers arrested the 26-year-old woman around 5:45 p.m. Thursday after responding to a report of vandalism in process at the two-story home in the historic Auburn Avenue […]

3 hours ago

FILE - President Joe Biden speaks in the East Room of the White House, Oct. 30, 2023, in Washington...

Associated Press

Biden heads to Las Vegas to showcase $8.2B for 10 major rail projects around the country

WASHINGTON (AP) — President Joe Biden is heading to Las Vegas to showcase $8.2 billion in funding for 10 major passenger rail projects across the country, including to spur work on high-speed, electric train routes that could one day link Nevada and California, as well as Los Angeles and San Francisco. The administration says the […]

7 hours ago

Sponsored Articles

(KTAR News Graphic)...

KTAR launches online holiday auction benefitting Boys & Girls Clubs of the Valley

KTAR is teaming up with The Boys & Girls Clubs of the Valley for a holiday auction benefitting thousands of Valley kids.

Follow @KTAR923...

The best ways to honor our heroes on Veterans Day and give back to the community

Veterans Day is fast approaching and there's no better way to support our veterans than to donate to the Military Assistance Mission.

...

Midwestern University

Midwestern University: innovating Arizona health care education

Midwestern University’s Glendale Campus near Loop 101 and 59th Avenue is an established leader in health care education and one of Arizona’s largest and most valuable health care resources.

Court rules documents in Sanford case must be unsealed