Hennepin County Attorney Mary Moriarty demands evidence in 2 shootings from federal authorities

Hennepin County Attorney Mary Moriarty has issued formal demands to federal authorities this week for evidence in the shootings of Alex Pretti and Julio Cesar Sosa-Celis.

Moriarty said she has made Touhy requests for the evidence — a formal process to obtain records from the federal government. She told WCCO on Sunday she planned to send a letter to the U.S. departments of Justice and Homeland Security this week, demanding evidence in the Pretti killing.

The Hennepin County Attorney's Office has been independently investigating the shootings — as well as that of Renee Good — after federal authorities barred their local counterparts from accessing evidence and information.

"Hiding evidence and obstructing our investigation is unacceptable and it indicates a total lack of confidence in their agents' own actions," Moriarty said. "We are prepared to take further legal action should the Department of Homeland Security and the Department of Justice fail to meet our deadline and continue to obstruct our investigations."

Moriarty said she made a Touhy request in the Good killing as well, which has been fruitless despite a Feb. 17 deadline. The deadline for the new requests is March 3. Should the federal government continue to shun the requests, Moriarty said a lawsuit is possible.

In the meantime, she said her office, Attorney General Keith Ellison and the Minnesota Bureau of Criminal Apprehension have made good progress in their investigations.

"I'll continue to say I think we're in good shape to be able to make a decision in these cases," she said. "I can't say what that will be, and certainly would be much easier if the federal government weren't hiding evidence from us and not obstructing our ability to do the investigation."

Ellison and Moriarty created an evidence submission portal for members of the public to aid in the investigations. It has so far garnered more than 1,000 submissions, she said.

"We are grateful to the community, not only for their resistance in what's been going on here, but for their attempts to help us find accountability in these cases," Moriarty said. 

She said her office does not have access to guns involved in these cases or the car Good was driving at the time she was killed. 

Rachel Moran, a law professor from the University of St. Thomas, researches use-of-force incidents and police accountability. She called the lack of key evidence a "barrier," but said any charging decision comes down to evaluating whether or not officers committed a crime under state law. 

"Minnesota has a statute specifically about peace officers using force, and [prosecutors] have to decide, was this justified under our own state statute?" Moran said. "Then they also have to decide, are there federal immunity claims that could apply for the officers?"

Moran said the supremacy clause immunity can apply in some cases, specifically when federal officers are charged by a state. 

"It's really unusual," Moran said. "It basically requires a federal judge to analyze, were the agents' actions necessary and proper in carrying out their federal duties?"

Moran pointed to a case out of Texas from over a decade ago. She explained a local police officer, Charles Kleinert, was working on a federal task force at the time when he shot and killed a man. Ultimately, Moran says an immunity clause was invoked and charges filed against the officer were dismissed. 

Moriarty announced last summer she won't run for reelection, saying she would instead focus on "creating enduring change in the system" during the final months of her administration.

Border Patrol agents shot and killed Pretti on Jan. 24 in south Minneapolis. Immigration and Customs Enforcement agents shot Sosa-Celis, a Venezuelan national, in the leg on Jan. 14. Two federal agents have been placed on leave and are under investigation for lying under oath about that shooting.