SD Supreme Court: Search warrants on T. Denny Sanford child porn investigation should be unsealed

SIOUX FALLS, S.D. (Dakota News Now) - Details of a child pornography investigation involving the richest man in South Dakota could soon be coming to light.

The South Dakota Supreme Court on Thursday issued a unanimous ruling that search warrants related to the investigation into T. Denny Sanford should be unsealed.

Those search warrants include records on cell phones, internet, e-mail and IP addresses. They’re set to be unsealed on April 27, pending further appeals.

In its ruling, the court wrote that the circuit court can seal the contents of an affidavit in support of a search warrant, but only until the investigation is terminated or an indictment is filed.

Those documents will be redacted for information like social security numbers and financial records. However, the justices affirmed that the state is not required to allow Sanford to inspect affidavits before they’re unsealed.

ProPublica first reported that Sanford was being investigated for possession of child pornography in August of 2020. In November of 2021, court documents confirmed the banker and philanthropist was the ‘implicated individual’ in a child pornography investigation.

For nearly two years, Sanford has been in a legal battle with ProPublica and the Argus Leader to delay the unsealing of the search warrant affidavits related to the investigation. ProPublica and the Argus originally filed to unseal the documents while the investigation was ongoing, but last year the investigation into Sanford was completed by the state and it was determined he would not face any child pornography charges.

Sanford argued that he should be allowed to “inspect and participate in redacting the affidavits before the circuit court unseals them,” but the circuit court did not believe it was authorized to seal the contents of the warrants after the investigation had concluded.

ProPublica and the Argus Leader filed another motion to unseal the affidavits, arguing that the court had previously ordered the affidavits to be unsealed upon termination of the investigation while simultaneously arguing the inspection and redaction process proposed by Sanford was unnecessary.

After Judge James Power of the Second Judicial Circuit motioned to unseal the affidavits in June of 2022 and denied Sanford’s request to inspect the affidavits prior to their unsealing, Sanford appealed and the case was taken to the South Dakota Supreme Court. The justices unanimously agreed with Judge Power.

After the court ruling was announced, the Argus Leader News Director Shelly Conlon gave the following statement to Dakota News Now:

“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. 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.”

According to court documents, “Prior to ordering the affidavits unsealed, however, the court provided a thorough, well-reasoned decision denying Sanford’s request to inspect the affidavits and participate in the routine redaction of certain personally identifying information.”

Read the full ruling from the South Dakota Supreme Court here.

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