SIOUX FALLS, S.D. (KELO) – A Minnehaha County judge believes affidavits used as a basis for search warrants against philanthropist T. Denny Sanford should be made public now that the state has ended its investigation into child pornography. 

In a 28-page court order, Circuit Court Judge James Power concludes state law (citing section 23A-35-4.1) “clearly requires the affidavits at issue to be unsealed upon termination of that investigation.” You can read the full document attached below. 

The court filing involves the State of South Dakota and County of Minnehaha regarding “matter of the investigation of the implicated individual.” 

In 2020, Sanford was named as an implicated person in a child pornography investigation. 

Powers ordered the unsealed affidavits in support of the search warrants will be stayed for 30 days to allow Sanford or his lawyers to exercise an appeal regarding the public release of the search warrants. 

Former Attorney General and current Republican candidate seeking nomination for that position again, Marty Jackley, said last fall there was no evidence to support criminal charges; issuing a statement to KELOLAND News at the time that read: “The ultimate fact remains that the investigating authorities have not found the information to support criminal charges.”

In May, the Attorney General’s office filed a document that said the “South Dakota Division of Criminal Investigation completed its investigation and has determined there are no prosecutable offenses within the state of South Dakota.”