Minnesota Sues DOJ Over Withheld Evidence in Fatal Shootings

Minnesota County Attorney Sues Federal Government for Evidence

Hennepin County Attorney Mary Moriarty has filed a lawsuit against the U.S. Department of Justice (DOJ). The suit aims to obtain evidence the federal government is allegedly withholding in investigations of fatal shootings. These incidents involve Renee Goode and Alex Preddy, with a third case, Julio of Sosa Solis, also mentioned. Moriarty states this is an unprecedented situation where federal authorities are refusing to share crucial information with state law enforcement.

Unprecedented Legal Battle Over Evidence Sharing

In a move rarely seen, a state prosecutor is suing the federal government to gain access to evidence. Hennepin County Attorney Mary Moriarty explained the extreme nature of the situation. “There’s not much precedent because this is unprecedented,” she stated, highlighting the federal government’s refusal to share information with the Minnesota Bureau of Criminal Apprehension (BCA).

Moriarty pointed to past collaborations, like the joint investigation into political assassinations last summer. In that case, both the FBI and the BCA worked together, and the evidence was shared with both state and federal prosecutors. Historically, this cooperative approach has been the norm in Minnesota.

The lawsuit was filed after the state followed a required process called the TUI process. This process allows state agencies to request information from federal agencies when they cannot issue a subpoena. Moriarty’s office presented its case for needing the evidence but received no response from the Department of Justice. The lawsuit is now the next step, asking a judge to order the federal government to provide the requested information.

Jurisdiction and Transparency in Investigations

Federal officials have suggested that Minnesota lacks the jurisdiction to investigate these cases. However, Moriarty firmly disagrees. “Any time anyone commits a crime in a state, in the state of Minnesota, local prosecutors have jurisdiction to investigate that case and to bring charges if appropriate,” she asserted.

While acknowledging a potential defense that a defendant might raise regarding jurisdiction, Moriarty emphasized that Minnesota prosecutors absolutely have the authority to pursue these cases. Her primary goal is to ensure transparency and accountability, especially if a crime was committed in any of the three cases being examined.

Specific Evidence Being Withheld

Moriarty detailed the types of evidence being withheld by federal authorities. In the case of Renee Goode, federal agents took her car, which would typically be processed by the BCA for details like bullet holes. They also seized the gun and ballistics evidence. Moriarty noted they lack information on whether agents made any statements during the investigation.

Similarly, in the Alex Preddy case, the gun and ballistics evidence were taken by federal agents. The county attorney’s office is also seeking personnel and training records related to the agents involved. While this evidence is important, Moriarty clarified that its absence might not ultimately prevent her office from deciding whether to file charges.

Cooperation Challenges and Public Assistance

Despite the current conflict, Moriarty noted that local FBI agents and the U.S. Attorney’s office in Minnesota are willing to cooperate, as has been the historical practice. The issue, she believes, lies with the administration’s “pattern and practice of hiding evidence.”

Facing difficulties in obtaining evidence, Moriarty’s office encouraged the public to submit any relevant videos and photos related to the shootings. This initiative proved highly successful, with over 1,000 submissions received. Moriarty explained that this was necessary because much of the evidence was being leaked federally, such as the Jonathan Ross video. The public portal offered the best chance to collect all available evidence.

Moving Forward Without Full Federal Cooperation

Moriarty acknowledged the challenges of proceeding with investigations without all the requested evidence. Her office handles thousands of felony cases annually, and few prosecutions are perfect, lacking ideal evidence like confessions or clear video from all angles.

While there are unusual barriers, such as uncertainty about the identities of those who shot Alex Preddy, her office will proceed by examining all the evidence they possess. They will then determine if they can prove beyond a reasonable doubt that a crime was committed. Moriarty is also preparing for potential challenges, such as the defense moving the case to federal court, which would create further obstacles.

Looking Ahead

The lawsuit filed by Hennepin County Attorney Mary Moriarty marks a significant escalation in the pursuit of justice for the victims. The outcome of this legal battle could set a precedent for how state and federal agencies interact during criminal investigations. All eyes will be on the court’s decision regarding evidence sharing and jurisdiction in these critical cases.

Source: Minnesota prosecutor on DOJ failing to share evidence with state: 'This is unprecedented' (YouTube)