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FILE - In this June 13, 2007 file photo, South Dakota Tourism and State Development Secretary Richard Benda speaks at a news conference in Elk Point, S.D. Benda was found dead in October 2013 in a grove of trees near Lake Andes with a fatal shotgun wound. His death was ruled a suicide. Attorney General Marty Jackley says the Office of Hearing Examiners has upheld his withholding of the public release of investigative records into the death of Benda. (AP Photo/File)

FILE - In this June 13, 2007 file photo, South Dakota Tourism and State Development Secretary Richard Benda speaks at a news conference in Elk Point, S.D. Benda was found dead in October 2013 in a grove of trees near Lake Andes with a fatal shotgun wound. His death was ruled a suicide. Attorney General Marty Jackley says the Office of Hearing Examiners has upheld his withholding of the public release of investigative records into the death of Benda. (AP Photo/File)

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