Press "Enter" to skip to content

RCJ Airs Schwab Concerns About Slow Jackley Action on Perjury Complaint

The Rapid City Journal follows up on a story you read first on this blog Monday. Daniel Simmons-Ritchie reports that Schwab is still waiting for Attorney General Marty Jackley to take action on a complaint she filed in March against DCI agent Mark Black. Schwab says she has submitted extensive testimony and documentation showing Agent Black committed perjury and other crimes in the state's investigation and failed prosecution of her and former Brown County assistant state's attorney Brandon Taliaferro.

In Simmons-Ritchie's report, the AG's office confirms that Black was fired from the DCI on March 14, around the time Schwab submitted her complaint, and that Black is appealing that termination, but the AG's office neither confirms nor denies a connection or an investigation.

Simmons-Ritchie does get this confirmation from Brown County:

Chris White, Brown County's chief deputy state's attorney, said Wednesday that Schwab had approached his office around March with her complaint, but that his office had ultimately referred it to the Attorney General's office due to a conflict of interest. He declined to elaborate on the nature of the conflict of interest [Daniel Simmons-Ritchie, "Former Suspect Says AG's Office Moves Slowly with Her Complaint," Rapid City Journal, 2014.08.08].

Hmm... Brown County kicked the complaint up the ladder because of a conflict of interest. The complaint now sits in the office that ordered the subject of that complaint to prioritize the investigation of the apparently trumped-up charges against the complainant, then fired the subject of the complaint. Anyone see a conflict of interest there?


  1. David Newquist 2014.08.08

    This action manages to save a lot of people whose official actions appear to be violations of law. The state's attorney and her deputy filed the charges against Schwab and Taliaferro, and they are not immune from prosecution or disciplinary action from the Bar the proceedings are based upon perjured prejudicial testimony.

    A d

  2. David Newquist 2014.08.08

    I hasten to add that a basic factor is the kind of evidence law enforcement gathers, distorts, and sometimes falsifies. After an incident in October where some disputed evidence was used against a person, I have found that law enforcement in Aberdeen regularly proceeds on evidence that wrongful conviction projects point out is responsible for many wrongful convictions. And for some reason, probably the suck-buddy nature of the Bar Association, defense attorneys seem loathe to challenge such evidence.

  3. Jana 2014.08.08

    We should know by now that there are 2 South Dakotas. One that protects and enriches GOP friends and the other that doesn't.

    Whether it's EB-5, minimum wage, the governor's reversal of the people's vote against 1234, favoring out of state business and the list goes on.

    South Dakota is a private club run by the GOP for their benefit and those that support them...and protecting themselves from embarrassment.

  4. caheidelberger Post author | 2014.08.08

    Jana, it appears the AG's office is giving us another example of the split society you describe. Late this afternoon, a Friday afternoon, the AG's office issued this press release saying the North Dakota Bureau of Criminal Investigation sees no criminal wrongdoing and telling Schwab she's on her own in seeking justice:

    Attorney General Marty Jackley confirms that a complaint filed by former court advocate Shirley Schwab was forwarded to the Attorney General's Office by a states attorney based upon a conflict of interest. Because Ms. Schwab's complaint included a different states attorney and a former DCI agent, the North Dakota Bureau of Criminal Investigation (BCI) was requested to both review the complaint and conduct any necessary independent investigation. Ms. Schwab's complaint arises from the prosecutions of Richard Mette, Shirley Schwab and Brandon Taliaferro, none of which were prosecuted by the South Dakota Attorney General's Office. Richard Mette has been convicted of rape and is serving a 15 year prison sentence. Former South Dakota Special Agent Mark Black's employment has been terminated, and he is appealing that decision. Brandon Taliaferro's employment was terminated by the Brown County States Attorney. Ms. Schwab is now a former advocate for the courts.

    The ND BCI is not recommending any criminal action based upon its review and investigation. Ms. Schwab may further pursue her complaint with another prosecuting jurisdiction or her former employer.

    "Cases involving and protecting children are significant and sensitive. Our justice system and ultimately child protection depends, no matter how well intended, that individuals with authority conduct themselves appropriately and within the rules. When they do not, even if it does not rise to the level of criminal conduct, it should and has not been tolerated," said Jackley [SD Attorney General's Office, press release, 2014.08.08].

  5. Deb Geelsdottir 2014.08.08

    Ms. Schwab, try Minnesota.

  6. Roger Cornelius 2014.08.08

    Is there a basis for a civil suit against Jackley?

  7. Shirley Schwab 2014.08.08

    Former SD DCI Agent Black was never involved in the original investigation of the horrific child sexual abuse case of the Mette children which began in October of 2010. The original investigation of the sexual abuse was conducted by Aberdeen Police Department.

    Agent Black first became involved on November 2, 2011 when he was 'tasked' by the Attorney General with the Schwab/Taliaferro malicious prosecution.

    On November 4, 2011 Agent Black, acting as lead agent, conducted the interrogation of all four of the Mette children along with SD DCI Agent Dave Lunzman.

    At the end of AG Jackley's press release of today, he states "cases involving and protecting children are significant and sensitive."

    I can not help but wonder what AG Jackley thought when he eventually viewed the hours of interrogation videos of the Mette children from November 4, 2011. Certainly this would be part of the AG's office criminal investigation against former DCI agent Mark Black considering that was the beginning of our malicious prosecution.

    "Our justice system and ultimately child protection, no matter how well intended, that individuals with authority conduct themselves appropriately and within the rules."

    I have watched those interrogation videos numerous times and to this day, it still is heartbreaking to see what those innocent young child sexual abuse victims had to endure that Friday in early November 2011.

    The evidence in the children's interrogation videos on November 4, 2011 not only completely exonerates Shirley Schwab and Brandon Taliaferro of any wrong doing but also supports other evidence and proof of criminal acts by former agent Mark Black regarding our malicious prosecution.

    I can't help but wonder - is there a law enforcement investigative report on the viewing of those videos regarding the recent Mark Black criminal investigation?

  8. mike from iowa 2014.08.09

    Ms Schwab, absent an entirely different political culture in South Dakota you are just one more kernel of decency being run through the grist of wingnut corruption in a red state. This entire affair smacks of the need for independent investigation from outside with full subpoena powers and an unlimited budget. Good luck with that and for your own safety,stay away from shelterbelts. These are not men and they cannot be trusted.

Comments are closed.