FOR IMMEDIATE RELEASE : Wednesday, November 26, 201
CONTACT: Sara Rabern (605)773-3215
South Dakota Supreme Court Affirms Denial of Expungement of Taliaferro’s Charges
PIERRE, S.D – Attorney General Marty Jackley announced today that the South Dakota Supreme Court has affirmed a Circuit Court decision denying the expungement of Brandon Taliaferro’s charges.
“Our South Dakota Supreme Court has affirmed both States Attorney Mike Moore and the Trial Court’s proper application of our expungement law. Our legislature has made a considerable effort to enact an expungement law that is clear, certain and unambiguous,” said Jackley.
Taliaferro was indicted by a Brown County Grand jury on seven charges in April and September of 2012, stemming from alleged actions on his handling of witnesses in a child case. The charges included witness tampering, three counts of subordination of perjury, conspiracy to commit perjury, unauthorized disclosure of confidential abuse and neglect information and obstructing law enforcement. The conspiracy charge was dismissed by the state prior to trial. During the jury trial, the State dismissed the obstructing law enforcement charge. The Circuit Court granted judgments of acquittal on the remaining charges. Taliaferro has since been relieved of his position by the Brown County States Attorney’s Office.
Taliaferro filed a petition of expungement on all seven charges. The Circuit Court granted expungement of the five acquitted charges, but denied the petition to the two other charges. This statute sets forth two requirements for expungement including, the prosecutor must formally dismiss the entire criminal case on the record and the prosecutor must consent to the expungement. The Court said “the language of these two requirements are clear, certain and ambiguous.”