S.D. Supreme Court clears the way for ‘implicated individual’ to be named in sealed investigation

Local News

SIOUX FALLS, S.D. (KELO) — The South Dakota Supreme Court says the public has the right to know about a high-profile case involving an unnamed person. There has been a lot of speculation about who would go to such lengths to keep the documents from the public. But they remain sealed for now.

The investigation began in 2019 when a DCI special agent requested a search warrant. Four months later the same agent requested more search warrants, some involving internet, and cell phone data. The agent also asked the judge to seal the warrants so premature disclosure would not impede the investigation.

Now that almost two years have passed, members of the media, including ProPublica, want the documents unsealed. But the unnamed person at the center of the case wants to keep them secret and has hired former Attorney General Marty Jackley to fight to keep the documents sealed. The case made its way to the South Dakota Supreme Court in August.

Today the high court released its decision. The justices decided to uphold a circuit court ruling requiring search warrants and some other documents be unsealed. However, the unnamed person can still ask for another hearing, so no document will be unsealed until that deadline passes. Affidavits, which include details on the case and explanations for the searches, will remain sealed.

Attorney Marty Jackley released a statement today concerning the case. In part it reads, “The ultimate fact remains that the investigating authorities have not filed any criminal charges.” It is similar to what he told the Justices in August.

At this time, KELOLAND News has decided not to use the name of the person at the center of the case, because at this point, the name is not included in any public documents. The person in question is only referred to as the “implicated individual.”

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