KDLT Home KDLT on Facebook KDLT on Twitter Get the KDLT iPhone App Get the KDLT Android App

SD Supreme Court Hears Child Porn Case

Bookmark and Share

The South Dakota Supreme Court was hearing several different cases in Vermillion on Monday. One of them was about a child pornography case out of Custer County. In July 2010, James Riley of Hermosa was convicted on one count of child pornography and sentenced to eight years in prison. On Monday, the high court heard his appeal.

It was in October 2009, that a dectective with the Minnehaha County Sheriff's office was conducting an undercover investigation to locate people who were distributing or possessed child pornography. Using software, the detective found an IP address, which had titles of files relating to child porn, linked to James Riley's name and address in Hermosa.

Riley's Attorney Paul Winter says, "He has no idea who is on the other end. He doesn't know who is there and he doesn't know what device he's looking into."
However, the detective was able to download and view the files. One video contained child pornography, but the other could only partially be downloaded and did not portray any porn. They obtained a warrant to search Riley's home in January 2010. But neither he or his computer were there. They tell his girlfriend that they will be back to search in the morning.
Winter says, "They tell her don't tell him but we're coming back, and she does tell him."

Riley's girlfriend testifies that Riley told her his computer crashed while he was out of town and had to reinstall the operating system. Evidence shows he did it an hour before detectives arrived. And when they arrived the next day, the prosecution says Riley did admit to something.

Prosecutor Timothy Barnaud says, "The defendent denied seeing the full length video and when he was asked about the files on his computer, he stated, it's gone."

However, Riley's attorney says after searching Riley's computer, thumb drives, DVD's and an MP3 player, no child pornography was found. Detectives did find portions of file names that were generated during the detectives investigation that suggests child porn had existed on Riley's computer, which they say is enough for a conviction.

Barnaud says, "You would have to actively possess this. This isn't something that could pop up on your computer or appear in some magical way. He had to go out and find it."

A conclusion that won't be decided just yet. It is typical for the South Dakota Supreme Court to hand down their decision within a few months of hearing arguments.
< Prev Story Back To Top Next Story >

Rockin' The Pantry Kicks Off

Rockin' The Pantry kicked off its first ever canned food drive at the South Dakota State Fair ...

Foods To Eat To Survive In The Great Outdoors

If you're in need of a crunch bar but are stuck in the wilderness, a ...

Final Splash In Sioux Falls Public Pools

It may be the unofficial end of summer, but today was officially the last day for people to ...

State Fair Hopes To Raise Money For 4-H Hall  story with video  Aug. 31

SD Man Sentenced In Beating Case  Aug. 31

Ex-Teacher Pleads Not Guilty To Porn Charges  Aug. 31

Agriculture Equipment Sales Decline In 2014  Aug. 31

New Director Of SD Ag Services Division  Aug. 31

SD Journalist Pens Book On 1969 Vikings  Aug. 31

LifeLight Festival Brings Thousands   story with video  Aug. 30

Kids Participate In Wildlife Olympics  Aug. 30

Labor Day Weekend Travels Increase  story with video  Aug. 30

Spearfish Man Arrested For Indecent Exposure  Aug. 30

Rapid City Schools Receive Cultural Grant  Aug. 30

Lead Woman Pleads Guilty In Child Rape  Aug. 30

SF Ranked High For Job Seekers Over 50  Aug. 30

Rapid City Gets Search And Rescue Dog  Aug. 30

SD Publishing House Earns Wilder Book  Aug. 30

SD U.S. Senate Candidates Debate At Fair  Aug. 29

17th Annual LifeLight Begins Despite Rain   story with video  Aug. 29

KDLT News Archive

Ex-Teacher Pleads Not Guilty To Porn Charges

A former middle school teacher in Rapid City has ...

SD Man Sentenced In Beating Case

A Dupree man has been sentenced to one year in prison in an assault ...

Agriculture Equipment Sales Decline In 2014

Agricultural equipment manufacturers and farmers say ...

Final Splash In Sioux Falls Public Pools  Aug. 31

SD Journalist Pens Book On 1969 Vikings  Aug. 31

New Director Of SD Ag Services Division  Aug. 31

State Fair Hopes To Raise Money For 4-H Hall  story with video  Aug. 31

Rockin' The Pantry Kicks Off  Aug. 31

KDLT News Archive

Ruwe Ruins RedHawks  story with video

FARGO, ND - Kyle Ruwe (6-8) saved his best for last and was spectacular in his final start ...

Oregon Coach Praises USD & Hurt Quarterback  story with video

EUGENE, OR  --  As expected, the fourth ranked Ducks had no ...

Gridiron Greatness: August 31st, 2014  story with video

IT'S BACK!!!!   Gridiron Greatness is back in the saddle for the 2014 ...

Lujan Takes Jacks Reigns After Sumner Injury  story with video  Aug. 31

Kevin Earl Hurt In Coyotes Loss At Oregon  story with video  Aug. 31

SDSU Loses Sumner, Game To Missouri  story with video  Aug. 30

Harrisburg Stomps Sturgis  story with video  Aug. 30

Bacone Stuns Northwestern  story with video  Aug. 30

KDLT Sports Stories
Back To Top