By Dave Baumeister, County Correspondent
SIOUX FALLS – In what may be a move to smear an elected official from another political party, Republican Gov. Kristi Noem has ordered Attorney General Jason Ravnsborg to investigate Minnehaha State’ Attorney Aaron McGowan, a Democrat, for an extended absence and an unrecorded 9-1-1 call.
According to various media reports, McGowan returned to work on Sept. 9 after he had been absent since police went to his home on July 12.
Part of the reason the matter became an issue is that there was no public record made of the emergency call, but the Sioux Falls police department released a statement that they followed their normal procedure based on the circumstances.
In a story done on keloland.com, Sam Clemens, the public information officer with the SFPS said, “There are certain types of calls that under state law we are not allowed to give any kind of information about.”
The reasons he listed were mainly related to mental health.
In talking to KELO’s Angela Kennecke, McGowan said that he had been suffering from Post-Traumatic Stress Disorder related to time he spent in the hospital for knee surgery in 1996. He said he developed a staph infection from that surgery, which led to three other operations, and he almost lost his leg.
He went on to say that he lives with chronic knee pain, and he hadn’t gone back for a knee replacement, presumably because of his previous experiences.
Beyond that, other prosecutors and people in law enforcement also refer to the PTSD that comes from a job of constantly being exposed to tragedy.
McGowan said the 9-1-1 call on July 12 came from outside of his home, and Clemens reported that they couldn’t say any more about the call.
At about the same time as the KELO story aired, Noem sent a memo to Ravnsborg requesting him to begin an investigation, which, in part, reads:
The Attorney General has the duty of exercising supervision over state’s attorneys in matters pertaining to their duties of office. Due to these media reports, the public information that has been disseminated, and several inquiries into the Office of the Governor, our Office formally requests an investigation into this matter.
In the letter she also cites that the governor has the power and duty to remove officials who “willfully fail, neglect, or refuse to perform any of the duties imposed upon him by, or to enforce any of the provisions of law relating to intoxicating liquors, or who shall willfully fail, neglect, or refuse to perform any duties imposed upon them by law, or who shall be guilty of intoxication or drunkenness, or who shall be guilty of the violation of any law, or who shall assist or connive in the violation of any law, or who shall be grossly incompetent to perform the duties of his office.”
However, according to McGowan, he was in touch with his office daily, so it would seem he was performing his duties, and there have been no claims by anyone in the Minnehaha County State’s Attorney’s office of “intoxication or drunkenness,” which leads back to the supposition that this may be a political ploy by Noem’s office.
In referring to possible problems, the governor specifically cites South Dakota Codified law 3-17-3, which, was enacted in 1916 in regard to state’s attorneys not doing their job after South Dakota enacted its own prohibition law three years before a Constitutional amendment made Prohibition the law of the land
However, South Dakota’s law banning alcohol was repealed in 1934, a few months after the 21st Amendment repealed national Prohibition.
However, it seems the law Noem refers to is still on the books.
According to keloland.com, feeling that the “drunkenness” statute made his inquiry germane, Bob Mercer from their Pierre bureau sent Noem two questions asking if “she abstained from alcohol?” and “was alcohol served at her inauguration ceremonies?”
The website reported that Joshua Shields, the governor’s communications director, responded to Mercer, “This matter is under investigation, therefore the governor won’t be making any further comment on the matter until it is completed.”
But despite what is written in a 103-year-old law, as an elected official, McGowan would have no set hours or days when he has to be in his office, according to Minnehaha County Commissioner Jeff Barth.
There is no law or requirement that even stipulates a person elected state’s attorney has to actually be a licensed lawyer.
McGowan, who is a licensed lawyer, was first elected to the job of state’s attorney in 2008, after being a deputy to Dave Nelson, who previously held that position.
And McGowan has said he plans to run for re-election next year.
