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Office of Attorney General Provides Evidence to Refute Inmate Claims of Alleged Unlawful Subpoenas

FOR IMMEDIATE RELEASE:  Monday, April 9, 2018

CONTACT:  Sara Rabern (605) 773-3215 

PIERRE, S.D. - Attorney General Marty Jackley announced today that additional evidence will be provided in Matthew Kurtenbach vs. South Dakota Attorney General.  A preliminary ruling by the Judge Jeffery L. Viken allowed the case to continue for additional fact finding.

“The previous decision of the Court was a preliminary ruling in which the Court was required to assume the alleged facts were true. Contrary to Kurtenbach’s assertions, the State’s use of grand jury subpoenas was an appropriate means to obtain his records,” said Jackley. “The evidence will show that a Grand Jury was legally empaneled in the 7th Circuit from September 26, 2013 through March 26, 2014.”

Kurtenbach’s complaint alleges that, while he was on parole for forgery and theft through check fraud, the State improperly issued subpoenas to healthcare providers after his parole agent suspected him of attempting to illegally obtain prescription narcotics.  In a related criminal case, Kurtenbach agreed to plead guilty to possession of a controlled drug or substance.   

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