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Jackley Cites Governor’s Mansion Rape Case as False Precedent for Benda Secrecy

Attorney General Marty Jackley makes sure the GOP press release machine gets first look at his rebuttal to reporter Bob Mercer's appeal for release of records on the Richard Benda investigations. But Pat's still too slow to offer first analysis.

Part of AG Jackley's argument to keep the Benda investigation files secret hinge on his defense of granting Benda's ex-wife veto-power over release of any files. Such family veto power is not authorized anywhere in South Dakota law. But Jackley cites the precedent of the Governor's mansion rape case in 1989, in which the alleged 16-year-old victim wanted to keep the proceedings closed to the media.

AG Jackley's citation of this case is ironic and specious. He cites an example of a prior instance of a Governor eager to keep details from the public as justification for his current desire to keep details from the public. He also errs in citing a juvenile case. The victim and the accused in this case were juveniles. It was a juvenile proceeding. Statute clearly governed the closure of the proceedings.

The Benda case, both his suicide and his participation in diverting funds from a Future Fund grant to Northern Beef Packers to his own pocket, is not a juvenile case. There is no statutory provision allowing either a 16 year old or an ex-wife to keep public records closed.

Jackley may win his fight against Mercer on the grounds that the Benda investigations are tied to ongoing federal grand jury investigations... in which case we all should eagerly await what the feds say. But he still has no statutory ground for using Cathy Benda as his heat shield.

Do I need to come back and run for Attorney General? Marty Jackley may know more case law, but I can cite it more honestly.

31 Comments

  1. jerry 2014.01.02

    Marty is looking to one day be the governor CAH. He is learning the ropes on being corrupt. Denny learned from Egg Roll and is now passing it on to his sidekick Marty McFlighty in the hopes that all will forget about this and move on. I wonder how the Chinese and the Koreans are doing with their pursuit of justice? Can Chinese Nationals sue a state for corruption?

  2. Lanny V Stricherz 2014.01.02

    "Can Chinese Nationals sue a state for corruption?" They damn well better not be able to, since we as citizens don't even have that right, although it would be an interesting sideshow to next years governor's race.

  3. David Newquist 2014.01.02

    The problem is in the records laws themselves. They make a pretense of serving the public interest, but give state officials discretion to do whatever they please with clauses such as, "if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure."

    Most states with precise public record laws and freedom of information laws lay down a governing principle for what is exempt from disclosure, such as the Illinois act: "All records in the custody or possession of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidence that it is exempt."

    Jackley's contention that protecting the sensitivities of a 16-year-old minor who happens to be related to someone who enacted policies and performed acts in the name of state government is an invasion privacy matter is typical of the denials of information throughout the state. At the top of the legislative list of priorities should be the revision of the public records laws with a freedom of information act. The slovenly language of the legal code permits a multitude of pretexts for withholding information from the public about how badly it is getting screwed over. Outside of legislative action, these matters could be confronted through government integrity suits, but it will take money and lawyers who are not part of the U. of South Dakota law school cohort.

  4. Rick 2014.01.02

    All American political obstructionist: M. Jackley.

  5. Ellen 2014.01.02

    The Mickelson boys are infamous for throwing parties when their parents were gone. There is a long running joke in Pierre. "What's green, has four legs and smells like fish?"
    "The governor's pool table."
    Apparently one of the boys fornicated on the pool table.

  6. PrairieLady - Gayle 2014.01.02

    Ellen: My grannie would be turning in her grave, as she was their "nanny" in Brookings. My mouth is just hanging open on that one. I had never knew about the .... there were a lot of years I did not pay attention of what was going on in politics. WOW!

  7. Jenny 2014.01.02

    Really, Gayle? It was all over the news then, back when one of the Mickelson boys raped that girl.

  8. grudznick 2014.01.02

    I read the article to say one of these boys was acquitted of charges. Now Mr H. has Ms. Jenny here accusing people of felonies in writing on his blog. I, for one, think that seems out of sorts. Especially since the courts said the young fellow was acquitted.

    Mr. H, you claim to be a debater fellow and have deleted my posts when I said things as simple as "My good friend Bob wears a second-hand hat."

    Now you allow people to say other people raped yet other people? My somewhat flabby jowl is agape.

  9. grudznick 2014.01.02

    Way to start the year, Jenny.

  10. Jenny 2014.01.02

    William Kennedy Smith and OJ were acquitted also. Look, I'm not trying to start anything here Grudz, but come on, we all know when you have the name and the money, the court game is sometimes played unfairly. Most young girls are afraid to press charges and this poor girl was very brave to do that. I agree what I said was blunt and if I offended you, I am sorry. Rape is not something to be taken lightly and happens far too often and a lot of girls don't report it. Whatever happened obviously traumatized the girl enough to take it to the authorities.

  11. grudznick 2014.01.02

    I suspect if you posted here that some Smith fellow committed a crime he'd sue you and Mr. H into oblivion. I'm just sayin...

    Plus, you're fat and stupid. I have no legal basis to say so, but you are.

  12. grudznick 2014.01.02

    Mr. H, what's your cell phone number.

  13. interested party 2014.01.02

    missing you, dm.

  14. Lanny V Stricherz 2014.01.02

    Okay, while I agree with grudnick that we cannot accuse the former governor's son of rape since he was acquitted, but as the article referred to by Monty says, the Governor and his wife were in the courtroom along with the other parents as the case was being tried. That would be the 2 parents of the accuser and the 8 parents of the accused including a Governor and the First Lady of the State.

    While I have and had the utmost respect for Governor and Ms Mickleson, I am sure they cannot know for certain that there was no rape, and also know that the fact that they were in the courtroom could easily have influenced the judge. I am not saying that they were there to influence the judge, but it is common knowledge that white males of affluence have less chance of being found guilty of a crime than members of any other race, class or sex.

    As Jenny pointed out, If the girl reported it, I would say that the chances are that it happened. Consider the damage she would have been doing to her reputation. I wonder if grudz was as easy on Ted Kennedy after the Mary Jane Kopechne episode.

    This was about rape, consider if it were about murder, they would have walked, which is why we need not to have a death penalty in SD.

    Last line of the article referred to by Monty, Governor Mickleson said, ''In South Dakota, we have had for 100 years laws that provide that juveniles can make mistakes and still not lose their hope for a meaningful future,'' he said."

    At the time, the death penalty still applied to those under 18.

  15. grudznick 2014.01.02

    Larry, sister still dead?

  16. Deb Geelsdottir/ 2014.01.02

    You are so far off on this Grudz. There is standing to say a sexual assault occurred. It is a matter of public record. According to the court decision, it was not a crime.

    You have no standing for a personal assault on Jenny. There is a great deal of difference between what an individual Does, and a personal assault on the individual's appearance, manner, intelligence, etc.

    It is absolutely true that the majority of sexual assaults are not reported. It is a difficult crime to prove and the patriarchal vestiges of the American culture still wants to blame the woman for the male's criminal behavior.

    Are you familiar with Slut Walks? They are protest marches which are held in many cities. The women who participate are usually skimpily dressed. Some are even nude, except for tape across nipples and a tiny bikini bottom. They carry signs like, "Still Not Asking For It."

    Understand? How she's dressed, or not, whatever substances she might have ingested - She's not asking for it, unless She Asks For It.

    Kinda got off track there. There are some crimes where the victims are said to be Asking For It. The unlocked car full of just purchased Xmas gifts is cleaned out by a thief. Yes, they should have locked the car . . . and it is still a crime which needs to be prosecuted.

    Are you following the trail I'm laying out here Grudz? Do you see where your thinking veers off track? Recalibrate.

  17. grudznick 2014.01.02

    Your slut walks aside, Ms. Geelsdottir, Jenny is a rapist.

  18. Rick 2014.01.02

    To the point, Jackley's comparison is ridiculous, desperate and breathtaking. More breathtaking than the recent discovery that they've suddenly lost the documents in Aberdeen.

    Clearly, the autopsy report is not scientifically conclusive of suicide. Considering Mr. Benda was the middle man in a major scam that would bring down a lot of powerful people puts a lot more credence on a murder motive. Additionally, a conclusion of probable or possible murder would end Mike Rounds' chances of sustaining a campaign for dog catcher. All that's missing is who really pulled the trigger that put a shotgun blast through the abdomen of Mike Rounds' appointee in charge of his Governor's Office of Economic Development?

  19. interested party 2014.01.02

    Matt Mead, governor of Wyoming is provoking several battles with the feds, too. Jackley is feeling the heat: good to see his chestnuts roasting on an open fire.

  20. Jenny 2014.01.02

    Actually Grudz, statistically speaking, it would be far more likely that you would be the rapist, since men commit the far majority of crime.

  21. Roger Elgersma 2014.01.02

    if the perpetrator pays of the juvenile to keep her mouth shut, this should not start a precident.

  22. Les 2014.01.02

    Gary Colbath could defend anyone, almost anywhere in SD. "They really like a good show up there" he was quoted after winning a jury trial. It appears Gary's reported quote could be used here as well. You libbers are to easily led, throw in a little Grud, Mercer, Jackley and twisted with a slice of Larry.
    .
    The Benda girl was not raped, slut walked, or any part of any crime we know of that fits the protection afforded the children in our judicial system.

  23. Donald Pay 2014.01.02

    Consigliere Jackley needs to come up with better precedent, or he could end up being done in by the same people who got to Benda. Jackley is looking to be such a bad lawyer here that it's almost like he's trying to lose the case, and if even I can see that, the folks who have something to lose must be about ready to make Jackley an offer he can't refuse.

  24. Deb Geelsdottir/ 2014.01.02

    "Benda girl"? I have no idea what that's about. Clearly Grudz and Les did not follow me. Oh well. Sometimes it is important to make the effort to educate. I'm good.

  25. Sid 2014.01.03

    This has gotten so far off track that it is worrisome. First, as far as rape is concerned, sexual predators share several common traits. Having seen the allegations from both sides, simply put, a sexual predator is out for control-plain and simple. They are usually possessed of great social skills and have above-average intelligence. They are also hard-wired for their role by the time they are 15 years of age. This is based upon what the FBI has determined from their profiling unit over the years.
    True, their are some grey areas, but they mostly result from the fact that when one introduces sex into the equation, it messes with everyone's thinking, and, a false allegation is just as much related to control and predatory behavior.
    The best weapon to deal with this is raising our kids to have a healthy attitude and understanding about sex. Of course, this is anathema to many. In fact, in spite of our so-called "sexual revolution", we would be well served to look at the attitudes which prevailed in Elizabethan England.
    However, all of this is beside the point. Jackley was given an opportunity to get in front of this scandal years ago and chose to put his head in the sand. Now, he has apparently been sidelined by the Feds and, because of his prior position, is chafing and trying to be relevant. By trying to invoke a deceased Governor's family member, coupled with what was a two-family tragedy, he is clearly trying to obsfuscate the relevant issues and mislead the public.

  26. Lanny V Stricherz 2014.01.03

    Thanks Sid, if the second part of this conversation was worth putting it back on track, I hope you have done it. The using of the first case to justify not revealing all the facts in the current case is certainly suspect if not inexcusable.

  27. caheidelberger Post author | 2014.01.03

    Jackley's rebuttal also talks about the media "sensationalizing" the issue. He seems so obsessed with finding some sensationalized, salacious case that he forgot to focus on a case that would actually provide legal precedent. If a government official commits corruption, the shame family members will feel does not exempt that corruption from public scrutiny. The prospect of that shame should discourage government officials from committing corruption. Crime has consequences, Marty.

  28. Bree S. 2014.01.03

    Bad media, not doing what the Rounds machine wants. How dare they report on matters to the public that Jackley doesn't want them to.

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