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 >
     

SD Man Gets 30 Years In Daughter's Death

A South Dakota man convicted of killing his 2-year-old daughter by punching her ...

SD Cheerleaders In NYC Thanksgiving Parade  story with video

Two small town South Dakota girls are taking a trip to the big city. On ...

Major Infrastructure Improvements In 2015  story with video

2014 may not be over yet, but the City of Sioux Falls is already looking ...

Stampede Encourage Giving With Blood Drive  story with video  Nov. 25

Lessons We Can Learn From Ferguson  story with video  Nov. 25

Gov. Daugaard Appoints New Supreme Court Justice  Nov. 25

2 Men Charged With Trying To Support Islamic State  Nov. 25

Great Bear Opens Early, Other Ski Areas Poised Too  Nov. 25

Missouri Governor: More National Guard In Ferguson  Nov. 25

SD Gov. Daugaard Names Interim Secretary Of Health  Nov. 25

Vandals Damage Holiday Display At Children's Park  Nov. 25

Budgeting Help Available In SD This Holiday Season  Nov. 25

2 Plead Guilty In Connection To Iowa House Fires  Nov. 25

Both Sides Want Judge To Rule On Gay Marriage  Nov. 25

Ferguson: Daylight Reveals Damage  story with video  Nov. 25

E-Pulltabs Finally Gaining Ground In Minnesota  Nov. 25

The Daily Scoop: 11-25-2014  story with video  Nov. 25

Winter Travel Safety Tips  story with video  Nov. 25

Wake Held For Girl Killed By Dogs On Reservation  Nov. 25

South Dakota Corn, Sunflower Harvests Wrapping Up  Nov. 25

KDLT News Archive
     

No Injuries In Early Morning House Fire In SF

No one was injured after a fire broke out in a Sioux ...

Ferguson: Daylight Reveals Damage  story with video

Morning light unveiled smoldering streets in Ferguson, Missouri. ...

Both Sides Want Judge To Rule On Gay Marriage

Attorneys for the state and for a group of ...

Wake Held For Girl Killed By Dogs On Reservation  Nov. 25

SD Man Gets 30 Years In Daughter's Death  Nov. 25

2 Men Charged With Trying To Support Islamic State  Nov. 25

Police: Sturgis Man Charged With Shooting Roommate  Nov. 25

SD Cheerleaders In NYC Thanksgiving Parade  story with video  Nov. 25

KDLT News Archive
     

Fuquan likes playing on young Skyforce  story with video

The Skyforce have a very young and talented team led by top draft pick Fuquan ...

Tigers ice cold in loss to Briar Cliff  story with video

MITCHELL, S. D. – The Dakota Wesleyan University women's basketball team ...

Voss, Tigers stay unbeaten with rally against Briar Cliff  story with video

Jalen Voss poured in 20 points as all 5 Tiger starters were in ...

Jacks glad to have Sumner back  story with video  Nov. 25

SMSU glad to make first Elite 8  story with video  Nov. 25

Balanced attack leads SDSU past Sam Houston  story with video  Nov. 24

Allen leads Dakota State over Cougars at USF  story with video  Nov. 24

Chadron State men no match for Jacks at Frost  story with video  Nov. 24

KDLT Sports Stories
     
Back To Top