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 >
     

Spanish Immersion Might Fill Up More Desks   story with video

The Sioux Falls School District could be getting more than new schools ...

SF Boy Raises Money To Reunite Troops, Dogs  story with video

Ten-thousand-dollars is all that stands between a group of soldiers and the puppies they've rescued while ...

Three Young Teens Rob SF Convenience Store  story with video

Police are looking for three teens who robbed a convenience store in Sioux ...

SF Woman Runs In First Boston Marathon  Apr. 22

Red Cross Joins Up For Disaster Simulation  story with video  Apr. 22

Authorities Investigating Death of Ocheyadan Man  Apr. 22

IA Man Sentenced In Spirit Lake Murder Case  Apr. 22

FBI Investigates Suspected Child Molester  Apr. 22

SD Electric Co-op Getting Aid For Storm Repairs  Apr. 22

South Dakota Farmers Start Planting Corn Crop  Apr. 22

Championships Pump $8M Into SF Economy  Apr. 22

Rapid City Council OKs Texting-While-Driving Ban  Apr. 22

58th Pancake Days Kicks Off In SF  story with video  Apr. 22

Civil Air Patrol Wing Conducting Exercise  Apr. 22

Sioux Falls To Begin Flushing Fire Hydrants  Apr. 22

Deadwood Commissioners Fear Creating 'Party City'  Apr. 22

Volunteers Replacing Trees At Rapid City Kids Park  Apr. 22

Wind Cave National Park Preps For Controlled Burn  Apr. 22

3 Teens Rob SF Gas Station At Gunpoint  Apr. 22

Deputy Rescues Father, Son From Water  story with video  Apr. 21

KDLT News Archive
     

FBI Investigates Suspected Child Molester

The FBI is asking for help to identify at least 90 victims ...

3 Teens Rob SF Gas Station At Gunpoint

Sioux Falls Police are investigating an armed robbery at a gas ...

Three Young Teens Rob SF Convenience Store  story with video

Police are looking for three teens who robbed a ...

IA Man Sentenced In Spirit Lake Murder Case  Apr. 22

SF Boy Raises Money To Reunite Troops, Dogs  story with video  Apr. 22

Red Cross Joins Up For Disaster Simulation  story with video  Apr. 22

Authorities Investigating Death of Ocheyadan Man  Apr. 22

Championships Pump $8M Into SF Economy  Apr. 22

KDLT News Archive
     

SMSU swept by Concordia SP  story with video

MARSHALL, Minn. – Concordia-St. Paul extended Southwest Minnesota ...

Skyforce Plays of the Year  story with video

It was an exciting year for the Skyforce who advanced to the 2nd round of the D-League playoffs ...

OG increases girls city golf lead  story with video

The O'Gorman Knights have an amazing 116 stroke lead after 2 rounds of the City Golf Tournament. ...

Adelman steps down at Timberwolves coach  story with video  Apr. 21

Trautmann Re-Writing Record Book At Augie  story with video  Apr. 21

Liggins Wins D-League Defensive Player Of The Year  story with video  Apr. 21

Starr Reflects On NFL Combine Experience  story with video  Apr. 20

2013-14 Stampede Plays Of The Year  story with video  Apr. 20

KDLT Sports Stories
     
Back To Top