Judge delays release of affidavits in T. Denny Sanford child pornography investigation
A South Dakota judge has delayed the release of affidavits that were submitted by law enforcement to justify issuing search warrants in the child pornography investigation of banker and philanthropist T. Denny Sanford.
In an email Tuesday, Minnehaha County Judge James Power said the affidavits would remain sealed until parties in the case seeking to unseal them have a chance to submit written briefs. The Argus Leader and ProPublica have been fighting in court for nearly two years to have the affidavits unsealed, while lawyers for Sanford and the Attorney General's Office have resisted.
The latest turn in that fight came late Friday when the Attorney General's Office notified Power that its investigation had been completed "and has determined that there are no prosecutable offenses within the jurisdiction of the state of South Dakota."
Earlier: T. Denny Sanford won't face child porn charges in South Dakota
Affidavits are submitted by law enforcement officers when they ask judges to issue search warrants. Typically those affidavits outline the circumstances for why a warrant should be issued, such as evidence that might exist or probable cause. Judges are supposed to weigh that evidence before issuing warrants.
In Sanford's case, Power signed off on five warrants. The first was approved in December 2019, and four more in March 2020. The warrants were used to seize evidence from email accounts and cellular devices.
Under South Dakota law, a judge can seal the affidavit submitted by a law enforcement officer who is seeking a warrant. Power did that in the five warrants requested by Jeff Kollars, a special agent with the Division of Criminal Investigation.
But the same law also provides endpoints for how long the seal can remain in effect. The law reads: "The court may order that the supporting affidavit be sealed until the investigation is terminated or an indictment or information is filed."
Earlier: T. Denny Sanford named as 'implicated individual' in S.D. child pornography investigation
In an email to Power on Monday, Stacy Hegge, a lawyer for Sanford, asked that the seals remain in effect. If Power were inclined to unseal the affidavits, she asked for additional time to seek relief from the South Dakota Supreme Court.
The investigation into Sanford included federal officials and other states. It's unclear if any of those entities continue to investigate, and law enforcement officials typically don't comment on pending investigations. But as recently as December, Kollars indicated in court filings that investigative activities were ongoing and included "at least one jurisdiction."
But the attorney general's notice on Friday indicates that South Dakota's investigation is terminated. Jon Arneson, a lawyer representing the Argus Leader, argues that South Dakota's law on unsealing affidavits applies to South Dakota investigations.
This story is developing. Check back for more.
This article originally appeared on Sioux Falls Argus Leader: T. Denny Sanford investigation documents delayed by South Dakota judge
