Court weighs release of records in Sanford child porn probe

BROOKINGS, S.D. (AP) — Attorneys have taken their fight over whether to unseal more documents in the 2019 child pornography investigation of billionaire banker T. Denny Sanford to the South Dakota Supreme Court.

The banker and philanthropist is seeking to bar the release of affidavits used to issue search warrants in the case.

The Argus Leader and ProPublica contend they should be public.

In 2019, state investigators began searching Sanford’s email account, as well as his cellular and internet service providers, for possible possession of child pornography after his accounts were flagged by a technology firm. The South Dakota attorney general’s office subsequently declined to file charges against Sanford, saying it found no prosecutable offenses.

The court heard oral arguments as they met in Brookings this week. Lawyers for the media firms say it’s clear that the affidavits are an open document for public access. They say they should be allowed to determine what personal identifying information should be redacted in the affidavits. Sanford’s attorney argued Sanford should be able to see if there’s any disclosure of trade secrets in the affidavits.

A decision from the court on whether the affidavits should be unsealed will come later.

March 24, 2023