Justice Department cut off evidence in the Good and Pretti killings, Minnesota says

A court filing says federal agents' cellphones and interview recordings are still being withheld from state investigators.

Justice Department cut off evidence in the Good and Pretti killings, Minnesota says
Stock photo. Photo by Margaret Giatras on Unsplash. Not from the event described.

Minnesota officials say the Justice Department has again stopped sharing evidence from the federal shootings of Renee Good and Alex Pretti, according to a court filing reported this week. The state is asking a federal court to order the evidence handed over.

Hennepin County Attorney Mary Moriarty says U.S. Attorney Daniel Rosen told her on Sept. 10 that his office would stop sharing evidence "indefinitely," citing "challenges with D.C." She says Rosen had earlier described the stop as a "pause" and said he was optimistic more could be shared soon. The U.S. Attorney's Office declined to comment on the change, according to the Spokesman-Review.

What the state says it still lacks

In July, Moriarty announced that state investigators had received evidence from the federal government, including hard drives, body camera footage and statements from immigration enforcement agents. According to a declaration from Drew Evans, superintendent of the state Bureau of Criminal Apprehension, key material is still being withheld: the cellphones of the federal agents involved, recordings of interviews and other physical evidence. Evans called it "critical" to the investigation.

Moriarty has said the withholding shows federal officials are "intent on obstructing" the investigations. Minnesota's motion argues the federal government has no legal authority to block a state homicide investigation.

What the Justice Department says

In its reply, the department argued that it has the power to decide what information it shares with state authorities. It has also asked the court to dismiss the lawsuit, arguing that releasing evidence is up to the individual federal agencies and that Minnesota did not follow their rules when it asked, according to the Associated Press. Those are the department's arguments, not established facts.

Why this matters to working people

Good and Pretti were killed during Operation Metro Surge, the federal immigration enforcement push in Minnesota. When federal agents hold the evidence in a killing, a local prosecutor cannot decide whether to bring charges on the facts. The question is who answers to the law when a government agent uses deadly force.

We think a state investigating a killing on its own soil should have the evidence. The court will decide whether the law requires it. Watch for the judge's ruling on the state's summary judgment motion and the Justice Department's motion to dismiss.

Sources