Minnesota Says Federal Government Is Withholding Evidence in Fatal Immigration Enforcement Shootings

Minnesota prosecutors are investigating federal agents for the shooting deaths of Renee Good and Alex Pretti and other acts of violence during Operation Metro Surge. PC: Tim Evans

MINNEAPOLIS, Minn. — Minnesota authorities say federal officials have indefinitely suspended the transfer of evidence needed for independent investigations into the fatal shootings of Renee Good and Alex Pretti by federal immigration officers in Minneapolis, leaving state investigators without critical records and physical evidence.

According to an Associated Press report, Hennepin County Attorney Mary Moriarty said federal officials informed her office on Sept. 10 that evidence transfers would be suspended indefinitely because of difficulties involving officials in Washington, D.C.

The suspension has complicated efforts by Minnesota authorities to independently investigate the deaths of Good and Pretti, both U.S. citizens who were killed during federal immigration enforcement operations.

Good, 37, was fatally shot by an Immigration and Customs Enforcement officer on Jan. 7. Pretti, also 37, an intensive care nurse, was killed by a federal immigration officer on Jan. 24.

The shootings prompted protests and increased scrutiny of federal immigration enforcement operations in Minneapolis.

No criminal charges have been filed in connection with either shooting, according to the Associated Press.

Moriarty said federal authorities began providing some investigative materials in July, including body-camera footage, recorded statements and other evidence.

That cooperation subsequently stopped, leaving state and county investigators without access to additional materials they say are necessary to reconstruct the shootings and determine whether any state laws were violated.

Among the evidence Minnesota investigators are seeking are officers’ cellphones, recorded interviews, firearms, ammunition and other physical evidence.

Investigators have also requested Good’s clothing and the firearm taken from Pretti before he was shot.

The evidence sought differs between the two investigations, but Minnesota officials maintain that access to the outstanding materials is necessary to establish a complete account of the circumstances surrounding both deaths.

The dispute has become the subject of litigation between Minnesota authorities and the federal government.

Minnesota officials filed a lawsuit seeking access to evidence they argue is necessary for independent state investigations into the shootings.

Federal attorneys have defended restrictions on disclosure by invoking regulations commonly known as Touhy regulations, which govern requests for records and testimony from federal agencies and their employees.

Those regulations establish procedures for determining whether federal personnel may provide documents or testimony in response to requests arising from legal proceedings.

Minnesota authorities dispute the federal government’s interpretation, arguing that the regulations should not prevent state investigators from obtaining evidence relevant to potential violations of state criminal law.

The disagreement concerns the extent to which federal agencies may control investigative materials when state authorities are examining the actions of federal officers.

Federal officials maintain that disclosure requests must comply with applicable regulations and legal procedures.

Minnesota officials argue that those restrictions have prevented them from independently evaluating evidence collected during the federal investigations.

According to state investigators, the missing materials include evidence that could help establish the sequence of events, the actions of officers involved and the circumstances immediately preceding the shootings.

The dispute does not establish that either officer committed a crime, and the allegations concerning the withholding of evidence remain contested.

The Guardian also reported that Minnesota authorities have asked a federal judge to compel the government to provide the outstanding evidence.

The request seeks access to investigative records and physical materials that state authorities say remain under federal control.

The litigation remains pending as Minnesota investigators seek the evidence needed to complete their independent examinations of the two fatal shootings.

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  • Jacqueline Estrada

    Jacqueline Estrada is a fourth-year double major in Psychological Sciences and Criminology, Law, and Society at the University of California, Irvine. She is interested in pursuing a career in forensic psychology or crime scene investigation. Through her experiences in the criminal justice system, she hopes to gain a better understanding of how cases are handled in court and how evidence is collected, analyzed, and utilized in criminal investigations. These experiences will help her develop the critical thinking, attention to detail, and understanding of criminal investigations needed for her future career. Her interest in psychology and criminology has motivated her to pursue a career that combines both fields while contributing to the pursuit of justice and helping victims and their families find answers.

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