Attorney General Marty Jackley has had four weeks to investigate the suspicious death of former state economic development chief Richard Benda. He told the press Friday that he expects to break the state's awkward silence on this mysterious death at the end of this week... or maybe next week.
Why the state would wait so long to explain who killed Richard Benda is an inescapable part of this mystery. If Benda committed suicide, revealing that information would stifle unhelpful rumors and speculation. Ditto if Benda fell victim to a hunting accident. And if Benda fell victim to foul play, South Dakotans might want to know that a murderer is on the loose. (One gunman injures one person with a shotgun in Paris, and the whole city goes on alert.)
There are only two situations in which the state's silence could be justifiable:
- Investigators honestly can't tell whether the "bullet hole in his side" was self-inflicted or not, and they are checking and rechecking every bit of evidence from the crime scene for some kind of confirmation.
- Investigators know it was foul play, but their leads are thin, and they can't afford to tip off the shooter in any way until they are ready to pounce.
Can the press and public do anything to press Jackley to release information about the possible crime scene (suicide does not appear to be illegal in South Dakota, although assisting suicide is a Class 6 felony) and the autopsy? A Connecticut review of open records laws nationwide and my own perusal of our public records statutes gives no clear answer. Iowa says the public has a right to know the manner and cause of death unless disclosure would jeopardize a criminal investigation or public safety. North Dakota makes the cause and manner of death public but keeps the full autopsy report confidential.
David Newquist reminds us of the difficulty we South Dakotans face in getting hold of public records and concludes that the law that Governor Mike Rounds signed and that the Legislature unanimously approved to establish open records with lots of exceptions may make it easy for Attorney General Jackley to tell us nothing about how Richard Benda died.
But Attorney General Jackley would do a nervous public a favor by breaking the state's silence, leveling with the people, and explaining what happened to Richard Benda in that stand of trees on Sunday, October 20, 2013.
maybe they can make this announcement on their new fancy smancy website that was launched last week - and that Gov Doogie promoted.
"I strongly believe that the workings of government should be as transparent as possible. Throughout my time in office, I have operated under that principle and have done a number of things to increase the openness of state government." (from the home page of the website)
:-)
Timing is everything, eh?
http://news.sd.gov/Default.aspx
South Dakota is a closed to open thoughts as a religious sect might be to intrusion. We have made our elected legislative officials our kings and queens. We complain about big government and then we elect it each and every cycle here in South Dakota. What on earth would we expect other than stonewalling from our state officials regarding state secrets. I would not trust Jackley to investigate a sunrise. He is not an impartial investigator, he is a political one that cannot be trusted to do the honest business of investigating himself.
This would all be shocking until we remember that Marty's allegiance is to the GOP and not all the people he was elected to serve. His practice of justice is a based on political convenience.
What is shocking about it Jana? Please inform us of why this should be public immediately and let us know the details to the investigation. I am also curious of your credentials to make such statements. You and others seems to think you know they are hiding something so let's hear it. You guys sound like a bunch loose lipped women at the hair salon.
deebee: tell us more about your time at the beauty parlor and whether it works for you.
Hate to sound like a feminist DB, but there are all kinds of implications in the statement you just made about women at the hair salon that are informative regarding your mindset.
Implications? I've never heard more gossip than sitting at a hair salon with my mother. There is no implications to that other than hair salons are known for gossiping women. If Jana was a male, I'd say the same damn thing about the local parts store every morning when they have coffee. Same thing, different sex. I'm an equal opportunity profiler, and if the shoe fits...welp. Now, please quit trying to deflect from the apparent brilliantness we have coming from these posters. I want to know how they come up with and know so much about state and federal investigations. Maybe they can teach me something. I'm always open for learning.
head down to the curl up and dye, deebee: have your mother tell you about the birds and the bees dying to sustain single party rule.
DB
Want to tell us about the loose lips of men at a barber shop or the corner bar?
Or how about the loose lips of the GOP in the cloak rooms of the state capital?
We get it DB. You think that taking a month to investigate a shooting is no big deal. I'm certainly not going to speak for Jana; I'm certain she's able to do that herself, but I would surmise, as would other intelligent readers of this blog, that perhaps what she finds shocking are the scenarios that Cory outlined above, and the various exceptions in South Dakota law that make open records not so open. All of that is shocking until, as Jana points out, we remember the political climate in which we live here in South Dakota, and how Marty is part of that. But, hey. Go ahead and live in denial, DB. Just don't get upset when the rest of us refuse to.
Obviously, a freak 3 point ricochet.
Dave, growing up on the rez, a month wait is nothing. Most of the time things were never released. I wouldn't be surprised if this involved native authorities as well.
How the Benda family reacts to Jackley's autopsy report will be critical and will be an indication of any kind of a cover up.
Will they accept the results, reject the results, or call for an independent autopsy, if the government hasn't already performed their own.
Right DB, native authorities. Native Koreans that is. Rumor has it that there was a hit put on Mr Benda by some of the Korean investors. The reason for the impatience on here, in case you care, you may remember that Mr Jackley said that he would have this wrapped up by the middle of "next month". That was back in October, We are now well past the middle of the month.
I wouldn't be the least bit surprised if that was true Lanny. Not saying it is, there are other possibilities, but the fact that these guys would mess around with that kind of money coming out of Hong Kong, China, South Korea.. made me raise my eyebrows.
"native investigators" are not used to investigate major crimes, including homicide, on reservations.
Those investigations are conducted by the FBI.
Lanny,
The foreign investors are a vital missing link in this investigation.
By not hearing from any of them, it appears they didn't care about their money and any return, just happy to "buy U.S. citizenship" being peddled by Republicans
Gosh DB, how nice of you to recognize that I spend my day in the beauty shop just a gossiping away. By the way did you hear about Pat Powers saying he's super busy with his blog posting press releases from other people?
Marty Jackley went through the motions on his investigation into Gant's office and then when he begins the investigation he immediately excludes Mike Rounds from consideration even though the buck stopped with him.
What do you think DB, have Jackley's actions been about justice for South Dakotans or for political grandstanding?
That would be the investigation into the GOVERNOR's Office of Economic Development.
This story is bigger than Watergate. Watergate did not have a suspicious death of a public figure involved in state government; it did not have millions of taxpayer money involved and hundreds of millions from foreign investors trying to buy their way to legal residence in the U.S, (Boy did we show those Chinese a thing or two about capitalism!) Watergate did not invite 400 people to work for them and then summarily dump them back on the labor market with little or no notice.
Watergate did have the Washington Post, Carl Bernstein, Bob Woodward, and Ben Bradlee, the likes of which will never be seen in South Dakota unless some national medium finds the South Dakota debacle and cover-up too tantalizing a story to resist. The threads of the EB-5 scheme reach into many places of power and into many related schemes that show evidence of a profound and wide-reaching corruption.
Meanwhile, the newspaper that considers itself South Dakota's largest is concerned more with the fact that the Democratic Party resents being accused of playing politics. Of course, politics is being played, but not merely to besmirch the opposition. And that accusation is what rankles. An important public figure was found dead in suspicious circumstances, and it has long been tenet of good government and good journalism to inform the people of what is going on without delay. This morning, for example, a state senator was stabbed multiple times with serious wounds and his son was found dead of a gunshot would and by noon the public was given a pretty thorough accounting of what happened. Richard Benda was found dead a month ago and it was discovered that EB-5 funds were being investigated for mishandling, and no medium in South Dakota has the will, the journalistic moxy, or the sense of responsibility to explain to the people what is going on. It does have a large coterie of people who think releasing information about the death of a public figure involved with millions in taxpayer dollars and hundreds of millions in foreign investors money and throwing hundreds of people out of work is an invasion of privacy and the only reason the Democrats could possibly express concern is to exploit the man's death.
Some Democrats are trying to do the job that any government agency of integrity would do and what any news organization of any competence would do, but are not doing. The exposure of corruption is not being done merely to gain some political advantage, but to recognize that something is overpoweringly rotten in the State of South Dakota and that most hardworking honest people should not have to live in such a state and bear the consequences. That is not merely playing politics; it is trying to restore some decency.
Those who claim to be the monitors of government and do nothing when corruption slaps them in the face and looms over them like a malignant tumor about to burst are part of the corruption.
There are facts to be verified and documents to be procured and a huge sad story to be told. But if you want to belong to the power structure, you will cower in your den and snivvle about playing politics, and do nothing to make the state a decent place to live.
Thanks, David Newquist, for your eloquently comprehensive expression of what so many of us are feeling/thinking.
"That was back in October, We are now well past the middle of the month."
And they are saying it will be released this week. Hold onto your shorts.
""native investigators" are not used to investigate major crimes, including homicide, on reservations."
Not sure where you got native investigators.....but native authorities would include the BIA and Feds as I have encountered them.
"By not hearing from any of them, it appears they didn't care about their money and any return, just happy to "buy U.S. citizenship" being peddled by Republicans"
Yeah considering EB-5 is Ted Kennedy's brain child and blue states are some of the biggest supporters of it. Oh...and what do you know, they use private regional centers.
"he immediately excludes Mike Rounds from consideration even though the buck stopped with him."
And Jana...that is something you don't know. Heck, you don't even know if a crime was committed, yet you already have followed it to the top? Brilliant! These supposed crimes could have been committed outside the gov't entirely. Democrats still need to be careful about making this a huge issue until more comes out. I'm not the only one saying that.
Phenomenal piece, David Newquist. I would say though, that there is one media source, the Argus Leader (particularly David Montgomery), that has intensely researched what IS known (and it's not much since it's all so top secret and difficult to understand) but he has brought forth what he has found and investigated and so I do give the Argus credit for that. I would hope this would be an eye-opener for decent hard-working honest South Dakotans that deserve a better, more transparent government that works FOR them, not for the inside circle that has run it for decades. A shout out to all republicans in South Dakota - we need democrats, independents, and libertarians in state government. They are not the enemy, and America was founded on different parties and ideologies. One party government is unfair to South Dakotans and breeds corruption.
Pierre reeks to high heaven.
Once again, the FBI has jurisdiction over major crimes in Indian country, "native investigators" aka BIA may well assist in the investigation, but investigative and prosecution are the province of federal authorities.
DB appears to want to blame Senator Kennedy for the financial abuse of EB-5 investment dollars rather than the Republican state hierarchy that pocketed the money.
What is slowly becoming apparent is where Mike Rounds got that $9,000,000 war chest.
You all are right, Prof. Newquist has written a wonderful, concise synopsis of what we know thus far. Who can we forward it to? What federal agency? What non-SD law enforcement group?
I'm quite ordinary. I have no special connections or spheres of influence. I do have 2 outstanding US Senators, Klobuchar and Franken, and a similar US Representative, Betty McCollum. All 3 are very responsive to their constituents. But they won't be interested in SD's corruption. Nor would they be surprised, sadly.
Any ideas, anyone?
BTW, I'd check with Dr. Newquist for permission to use his comment.
"Once again, the FBI has jurisdiction over major crimes in Indian country, "native investigators" aka BIA may well assist in the investigation, but investigative and prosecution are the province of federal authorities."
Ya think? Do you need to keep repeating what I said from the beginning?
"DB appears to want to blame Senator Kennedy for the financial abuse of EB-5 investment dollars rather than the Republican state hierarchy that pocketed the money."
I blame Kennedy for such a stupid program. Pocketed what money by the way? You think what Bollen made is a large sum for doing what he did? Petty change son. It isn't worth Rounds destroying his career over....now maybe a director?
"What is slowly becoming apparent is where Mike Rounds got that $9,000,000 war chest."
Doubt it came from where you are suggesting. You'd have to be an idiot to suggest Rounds would knowingly get involved in something that is going to net him pennies.