Jacob Wetterling Files: Feds Sue For Return Of Documents

Any time authorities close a criminal case, Minnesota state law requires the release of the investigative file. The public release of the 27-year-old investigation into the disappearance and murder of Jacob Wetterling was scheduled for June 5. The release was delayed, however, after Jacob's parents, Jerry and Patty Wetterling, sued to keep portions of the file private.

In a move that will likely further delay the release, the U.S. Department of Justice filed a civil complaint in state court asking a judge to order Stearns County to return all of the FBI's documents in the case. More than half of the documents in the file are estimated to have been originated with the FBI, the Star Tribune reported.

Stearns County Attorney Janelle Kendall said previously that the Minnesota Government Data Practices Act requires the county to release all 56,000 pages of reports and other data related to the disappearance of Jacob Wetterling.

Greg Brooker, the U.S. Attorney for Minnesota, argues in the complaint that Stearns County's possession of the FBI documents was only temporary and they should now be returned and not released. Brooker also argues the Wetterling case files should be released under federal law, which has much stricter rules about what information can be released to the public.

Doug Kelley, an attorney who represents the Wetterlings, told the Star Tribune that if the FBI can successfully retrieves its documents, it's much more likely a judge will grant the Wetterlings' motion to keep certain portions of the files private.

In June, Kelly said they've asked to keep "less than three one-thousandths of 1 percent" of the investigation files private. Kelly said that portion of the files "intensely personal and protected from disclosure by the state and federal constitutions and the Minnesota Government Data Practices Act," the Pioneer Press reported.

Kelley added that the Wetterlings "firmly believe in transparency in government and recognize that law enforcement files should generally be made public once a criminal investigation ends."

"Our lawsuit seeks to preserve the Wetterlings constitutionally protected privacy interests," he stated. "A very small part of the law enforcement file contains things which do not belong in a police file and misinformation of a character I've never before seen in 42 years of practicing criminal law."

This summer, several media organizations asked a judge to deny the Wetterling's original request, KSTP reported. The request for a legal intervention against the Wetterlings' motion was filed by:

• Media organizations including KSTP, Minnesota Public Radio, and the Pioneer Press
• The Minnesota Newspaper Association
• The Minnesota Broadcasters Association
• The Silha Center for Media Ethics and Law at the University of Minnesota
• The Minnesota Coalition on Government Information

Some legal insiders believe the Wetterlings' case could change state government transparency policy. Jane Kirtley, media law professor at the University of Minnesota, believes granting the Wetterlings' case to keep certain documents private could set a new precedent on government data practices.

"The argument that they're making to apply the Fourth Amendment here is somewhat novel because it normally wouldn't apply in a federal setting," Kirtley told Minnesota Public Radio. "We have certainly seen in other cases around the country, when you have a bad case or a case that upsets people, the Legislature often will react by closing off public access," Kirtley added. "I don't think that's a good way to make public policy, but it is unfortunately somewhat inevitable."

According to Stearns County Attorney Janelle Kendall, state law does not allow her to protect the Wetterling family's wishes and interests.

Image via MissingKids.org, used with permission