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Hearing Examiner Rejects Mercer Request for Benda Death Records

Last December, reporter Bob Mercer asked Attorney General Marty Jackley to release records from the investigation of Richard Benda's unusual death. Mercer wanted the public to see those records to address widely circulating doubts about the validity of AG Jackley's conclusion that Benda committed suicide. AG Jackley refused, on the seemingly extra-legal pretense of the family's desire to keep said records secret.

Yesterday the Office of Hearing Examiners upheld AG Jackley's secrecy on the Benda investigation. Chief Hearing Examiner Hillary Brady said AG Jackley's extra-legal conditions on releasing the information are legal. Brady's ruling cites statute exempting criminal investigation records from public view... which remains highly suspicious, since Mercer is requesting information about Richard Benda's death, which the Attorney General has said was not a crime, but just a suicide.

As the state thus continues to keep secrets, Gordon Howie releases his conversation with me about Richard Benda's death and other matters related to the GOED/EB-5/Benda scandal:

Note that I'm trying hard to accept the Attorney General's conclusion. It would be a lot easier if the AG would share the solid evidence that led him to that conclusion.

10 Comments

  1. Curt 2014.05.13

    Why would we expect our AG to be any more forthcoming with evidence he used to support this decision than he has been with anything else connected to this case? You must admit, when he decides to stonewall, he certainly is consistent. Did he receive his law training in one of the Soviet Republics?

  2. David Newquist 2014.05.13

    The decision to withhold the death records was based upon one of the provisions in South Dakota statutes that denies public access to records of official performance and freedom of information. In most states, Freedom of Information acts would require release of such records. To bring the state legal code up to free world standards, a massive revision, perhaps even a suspension, is needed. The big question is where have civil liberties organizations such as the ACLU and where has the bar association been on South Dakota's flaunting of Third World status?

  3. Nick Nemec 2014.05.13

    In South Dakota the words have different meanings. I'm reminded that the People's Democratic Republic of Korea is neither democratic or a republic, and the people have little say.

  4. mike from iowa 2014.05.13

    Beginning to think the AG and this examiner worked in a pretzel factory and were sent to SoDak for on the job training.

  5. Douglas Wiken 2014.05.13

    Solution: NEVER VOTE FOR A REPUBLICAN FOR ANYTHING. SD Republican Party and hacks are intellectually, morally, and ethically corrupt. That includes Republican hacks and former Republican prosecutors turned into partisan hack judges.

  6. Oldguy 2014.05.13

    How's that plan working Doug

  7. Douglas Wiken 2014.05.13

    It has worked OK for me, but getting converts in South Dakota is a bit difficult since the learning curve is apparently beyond steep for some of the intellectually brain dead.

  8. Deb Geelsdottir 2014.05.13

    You know, I've watched all 3 of these videos and Howie seems so Normal. How is it that he says such bizarre stuff other times? Weird.

  9. caheidelberger Post author | 2014.05.14

    Deb, I cannot explain the disjunction between our interview normality and the otherwise weirdness. Maybe I just bring out the best in people? :-)

    Stay tuned. Gordon shot something like eight videos with me. Our EB-5 videos were easy, because we had common ground. The issue transcends normal partisan lines and prefab talk-radio talking points. In other videos awaiting release, we discussed guns, the federal budget, and abortion. If Gordon publishes those interviews, I'll be curious to hear folks' opinion on who sounds bizarre there, Gordon or me.

  10. Deb Geelsdottir 2014.05.14

    Thanks Cory. I wait with bated breath.

Comments are closed.