Affidavits in T. Denny Sanford child pornography case should be made public, judge says

Cory Myers and Jonathan Ellis, Sioux Falls Argus Leader
·2 min read

There is no basis for the continued sealing of the affidavits that supported the search warrants in the T. Denny Sanford child pornography investigation, and those documents should be made public under South Dakota law, Minnehaha County Judge James Power said in an opinion filed Thursday morning.

However, Power said he will continue to keep those affidavits sealed until Sanford's representation, former Attorney General Marty Jackley and attorney Stacy Hegge, decide if their client is going to appeal Power's decision to the South Dakota Supreme Court.

"I am concluding that no further briefing or hearing is necessary and that no basis has been identified to delay unsealing the redacted version of the affidavits in support of a search warrant in these matters," Power wrote in an email to lawyers on both sides of the lawsuit.

Previously: Judge delays release of affidavits in T. Denny Sanford child pornography investigation

The ruling again sides with the Argus Leader and ProPublica, the media parties that have jointly sought the disclosure of the search warrant documents — including the underlying search warrants — surrounding the child pornography investigation into South Dakota banker and philanthropist T. Denny Sanford for nearly two years.

South Dakota law is unambiguous that search warrant affidavits become public once an investigation has ended, lawyers for the two media organizations argued on June 1 in a legal filing.

While the South Dakota Supreme Court ordered that some materials be made public in a ruling last year, the affidavits used by law enforcement to justify the issuance of five search warrants have remained sealed, which South Dakota law allows while a state criminal investigation is under way.

Earlier: T. Denny Sanford won't face child porn charges in South Dakota

But in late May, the Attorney General's Office notified Judge James Power that the investigation that started in December 2019 had ended and no prosecutorial offenses were committed by Sanford in South Dakota. Power is the Minnehaha County judge who authorized the search warrants and who has presided over arguments about what should be made public after the Argus Leader and ProPublica intervened in the case.

It's unknown if Sanford will appeal the ruling.

This is a developing story. Stay with argusleader.com for updates.

This article originally appeared on Sioux Falls Argus Leader: Judge says T. Denny Sanford child porn case documents should be public