A magistrate judge has recommended that the man named a "person of interest" in the abduction of Jacob Wetterling should not have his trial on unrelated child pornography charges moved to another state.
'Person of interest' in Jacob Wetterling case won't get venue change for child-porn trial
Danny Heinrich's attorneys had sought the move for his federal trial.
June 23, 2016 at 12:56AM
Lawyers for Danny Heinrich, of Annandale, Minn., had asked that his trial be moved, saying that he would not be able to get a fair trial in Minnesota because prosecutors publicly labeled him a "person of interest" in the Wetterling case, leading to a flurry of media coverage. In a report filed in federal court Tuesday, U.S. Magistrate Judge Leo Brisbois recommended that Heinrich's request be denied.
"Due to the passage of time, there is at least one whole generation of potential jurors for whom the media statements … may have little significant meaning," Brisbois wrote in a 53-page report. After considering any objections and responses, U.S. District Judge John Tunheim will make the final decision on the matter.
Heinrich, 53, has pleaded not guilty to 25 charges of possessing and receiving child pornography. He is scheduled to stand trial on those charges in July in U.S. District Court in Minneapolis, although that will likely be rescheduled.
In May, Heinrich's attorneys said that naming him in Wetterling's abduction in 1989 has "inextricably intertwined the child pornography case with the public's desire for justice for the Wetterlings."
Within Minnesota, "it is not possible to seat a jury untouched and unaffected by the ubiquitous media exposure that surrounds this case," federal public defenders Reynaldo Aligada and Katherian Roe wrote.
The U.S. attorney's office responded by pointing to examples of well-publicized defendants being tried in their home districts, including Tom Petters, who was prosecuted for running a Ponzi scheme.
Calling Heinrich a person of interest is "less accusatory than the word 'suspect,' " wrote assistant U.S. attorneys Steven Schleicher and Julie Allyn. Heinrich's name "does not likely carry much recognition among potential jurors," they argued.
In this week's report, Brisbois also recommended denying requests from Heinrich's lawyers to suppress his statements to investigators and to throw out evidence found during a search of his house.
Jenna Ross • 612-673-7168
The pilot was the only person inside the plane, and was not injured in the emergency landing, according to the State Patrol.
