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Child Advocate Accuses DCI Agent of Perjury, Still Waiting for AG’s Action on Complaint

Last updated on 2014.08.03

Former Aberdeen child advocate Shirley Schwab is asking why the Attorney General's office appears to be dragging its feet on a criminal complaint she made in March concerning former Division of Criminal Investigation officer Mark Black.

In a statement made available over the weekend, Schwab says she filed a formal criminal complaint against Agent Black on March 14, 2014, accusing him of "perjury, conspiracy to commit perjury, subornation of perjury, witness tampering, obtaining a search warrant using a perjured affidavit, perjured ex parte affidavit, false reporting, exceeding the scope of a search warrant, falsifying evidence, offering a false document as Grand Jury evidence and perjured Grand Jury testimony." These charges stem from the state's failed prosecution of Schwab and former Brown County assistant state's attorney Brandon Taliaferro.

Among the grounds for this complaint, Schwab cites Black's testimony about a document that played a key role in her indictment. In April 2012, Black testified to a grand jury that Schwab sent a memo to then Brown County state's attorney Kim Dorsett that demonstrated criminal intent on Schwab's part. However, as Black acknowledged in an August 2012 motions hearing and at Schwab and Taliferro's January 2013 trial, Black knew at least three months before his grand jury testimony that Schwab did not write that memo.

Here's the relevant excerpt from the January 2013 trail transcript, in which Schwab's attorney Stephanie Amiotte cross-examines Agent Black:

excerpt, Schwab-Taliaferro trial transcript, 2014.01.07, p. 212
excerpt, Schwab-Taliaferro trial transcript, 2014.01.07, p. 212
excerpt, Schwab-Taliaferro trial transcript, 2014.01.07, p. 213
excerpt, Schwab-Taliaferro trial transcript, 2014.01.07, p. 213
excerpt, Schwab-Taliaferro trial transcript, 2014.01.07, p. 214
excerpt, Schwab-Taliaferro trial transcript, 2014.01.07, p. 214

In the August 2012 motions hearing and the January 2013 trial, Black contended that he simply misspoke on the provenance of the memo, but in April 2012, the grand jury used his misstatement as evidence to indict Schwab.

Schwab did not bring this complaint lightly. Schwab says she has lived in fear of Mark Black since he executed the search warrant against her in her home and office in November 2011. Her fears were reinforced by Black's hostile interrogation of child witnesses in the case he tried to build against her, his erratic and aggressive behavior toward his own wife, and his reference to the "Schwab trial" in documents revealed in his ex-wife's effort to get a restraining order against him.

On May 16, 2014, Schwab learned of a strange encounter between Black and an Aberdeen acquaintance of hers, Roger Darling. According to Darling, what started as a conversation with a new neighbor about salvaging some wagon wheels turned into a diatribe about Black's personal, financial, and legal troubles. Here's an excerpt from Darling's handwritten account of what Black said to him, dated the day of his encounter with Black and submitted a week later to investigators:
RogerDarling20140516-snip1
RogerDarling20140516-snip2

Schwab called this veiled threat to the attention of law enforcement, but in June, the attorney general's office informed her that "she has not heard the last of Mark Black" and other comments the former agent made to Darling did not warrant charges.

Schwab brought her complaint to authorities on March 14, 2014. Agent Black had been placed on administrative leave a couple weeks earlier; he was terminated shortly after the attorney general's office was informed of the complaint. No public statement has shown a link between Schwab's complaint and Black's termination, but Black's strange comments to Darling suggest Black blames Schwab for all of his troubles.

But nearly five months after Schwab's complaint, the state has not taken any public action on it. Schwab says perjury is a serious crime, and Attorney General Jackley agrees. Schwab is thus concerned that the state's chief law enforcement official has yet to act on the serious crimes she says Mark Black committed an agent of the Division of Criminal Investigation.

Below is Schwab's complete public statement on the progress—or lack thereof—of her criminal complaint:

On March 14, 2014, I met with Brown County States Attorney Larry Lovrien and Aberdeen Police Department Captain Dave McNeil and filed a formal criminal complaint against SD DCI Agent Mark Black regarding alleged criminal acts conducted during my malicious prosecution in State of SD V Schwab/Taliaferro (Cr.12-427).

The alleged crimes committed by Agent Black consist of multiple counts of perjury, conspiracy to commit perjury, subornation of perjury, witness tampering, obtaining a search warrant using a perjured affidavit, perjured ex parte affidavit, false reporting, exceeding the scope of a search warrant, falsifying evidence, offering a false document as Grand Jury evidence and perjured Grand Jury testimony.

At this time I also informed SA Lovrien and Captain McNeil I had lived in fear of Mark Black since the November 7, 2011, search and seizure of my office and home and even though I feared retaliation or retribution for filing the criminal complaint, it was something I believed I must do.

Because of that fear, my lack of trust in law enforcement and the high profile nature of the criminal complaint, SA Lovrien and Captain McNeil agreed an outside of the State of SD law enforcement agency should be utilized to handle the investigation.

On March 18, 2014, I was notified by Captain McNeil that arrangements had been made and the SD Attorney General’s office had been notified accordingly. I was also notified that on or about that same date, SD DCI Agent Mark Black was terminated from his employment with the State of South Dakota.

On March 21, 2014, I met with an out of state Special Agent beginning the process of his investigation. At that time I provided the Special Agent with mounds of documents including Grand Jury indictments and transcripts, court hearing transcripts, January 2013 trial transcript, Master DCI Investigative Narratives, affidavits, audio transcripts, emails and various other types of evidence for his review.

On April 14, 2014, I again met with the Special Agent while in Aberdeen to meet with SA Lovrien and Captain McNeil. At that time I was informed by the Special Agent that due to additional concerns he had uncovered, Brown County States Attorney Larry Lovrien would therefore have a conflict of interest with handling the prosecution of my criminal complaint and an outside prosecutor would need to be involved.

The Special Agent then advised me the case had been turned over to the SD Attorney General’s office and he would be continue his investigative process while working with the SD AG’s office as prosecutor for the complaint I had filed.

On May 16, 2014, concern for my personal safety became a reality due to a Friday evening phone call from an acquaintance. Mark Black’s long and documented history of erratic and violent behavior became a reality I could no longer ignore and it quickly became time for me to leave the Aberdeen community where I had lived, worked and raised a family for the past 29 years yet unable to feel safe.

This reality became increasingly clear when I was informed the assigned investigating officer regarding Black’s latest veiled threats of May 16 was the Brown County Sheriff Department Investigator who accompanied and assisted former DCI Agent Mark Black in the November 7, 2011, search and seizure of my home and office. I was stunned beyond words by this action and made my concerns of an obvious conflict of interest known to the Attorney General’s Office while referencing the actual page of the 2011 Master DCI Narrative indicating the same. However, those concerns were left unaddressed and on June 13, 2014, I was informed by the SD Attorney General’s office no charges would be filed regarding the May 16 incident.

It is now nearly 5 months since I filed the original criminal complaint against former SD DCI Agent Mark Black and I find myself questioning the status of this investigation due to minimal communication from the Attorney General’s office.

A massive amount of evidence has been provided to the Special Agent assigned to my criminal complaint against former SD DCI Agent Mark Black and the Special Agent has remained receptive, thorough and professional throughout his investigative process.

On June 4, 2014, Attorney General Marty Jackley stated, “The Attorney General does not have the luxury of taking a walk or pass on tough issues.” I would like to believe the SD Attorney General will provide that same professionalism and follow through with a thorough and complete criminal investigation of one of his former and recently terminated DCI agents.

shirleyschwab@ymail.com
South Dakota Child Advocates Defense Fund

[Shirley Schwab, statement, 2014.08.03]

7 Comments

  1. jerry 2014.08.04

    I dunno but it sure smells like Black has the goods on someone higher up the food chain for this to be so ignored.

  2. Tara Volesky 2014.08.04

    Good reporting Cory........How do you come up with this stuff?

  3. lorahubbel 2014.08.04

    A new term has arisen in SD..."Benda-ed" meaning people are so afraid of our corrupt SD politicians that they fear for their lives...that they will get a shotgun hole blown into their lower gut from 18 inches away... and that the Republican Attorney General will rule it a suicide, while squashing any investigation to rule it a possible homicide. Benda-ed...maybe I should have Bill O'Reilly use that as his word of the day.

  4. caheidelberger Post author | 2014.08.04

    Thanks, Tara. It takes time, research, building trust, and a sincere interest in finding and explaining the truth.

  5. mike from iowa 2014.08.04

    Bill Orally would find some way to accuse Obama or Holder of killing people. He sure as hell doesn't need your encouragement to leap into the deep end.imo

  6. Deb Geelsdottir 2014.08.05

    Shirley Schwab is a hero for South Dakotans. She has great courage and I deeply respect her.

    Cory, you do indeed do great work. I believe in the past you published a post that included a way to contribute to Ms. Schwab's expenses. Is that still active? Will you republish that information? Thanks Cory.

  7. Disgusted Dakotan 2014.08.05

    There seems to be a theme of aggressive prosecution of political opponents and a blind eye to anything politically damaging to the in power establishment.

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