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POLICE

DEPARTMENTS

"IF THE INVESTIGATION TAKES US IN THAT DIRECTION, WE'LL GO IN THAT DIRECTION."


HOWIE PADILLA, ST. PAUL POLICE SPOKESMAN, ON WHETHER INVESTIGATORS WILL SEEK A SEARCH WARRANT FOR THE ARCHDIOCESE What they're doing
After a series of MPR News investigations into the Twin Cities archdiocese's handling of clergy sexual abuse, the St. Paul Police Department made a public plea in October for victims to come forward. Cmdr. Mary Nash says police have gotten a "trickle" of responses. In the meantime, St. Paul Police have open investigations into the archdiocese, priests who they have not named and the Rev. Jonathan Shelley, to determine if he was in possession of child pornography.

"YOU RISE EACH DAY WITH COURAGE TO SURVIVE KNOWING YOUR FAITH HAS BEEN TESTED BEYOND ALL BELIEF."
CMDR. MARY NASH, ST. PAUL POLICE DEPARTMENT, IN A PLEA TO ABUSE VICTIMS The tools they can use
Police often use search warrants as a tool for gathering evidence in criminal investigations. A search warrant is issued by a judge at the request of an investigating police officer. The officer must demonstrate probable cause -generally speaking, provide a reasonable amount of information to indicate that evidence of a crime would be found if a search were to happen -- to justify the request for the search. In addition to search warrants, which are typically executed without alerting the parties to be searched ahead of time, police investigators can take statements from victims, witnesses, suspects and others and have access to crime lab and other scientific evaluative resources. When police believe there is sufficient evidence to move forward -- as they did in the case of the Rev. Mark Huberty, who was investigated by the Maplewood Police Department for sexual misconduct -they present their case to the county attorney.

MPR News | mprnews.org

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COUNTY ATTORNEYS

"IT'S A HUGE, HUGE DECISION. AND WE HAVE TO BE MINDFUL AND CAREFUL ABOUT HOW WE EXERCISE THAT POWER."
RAMSEY CO. ATTORNEY JOHN CHOI What they're doing
Ramsey Co. Attorney John Choi says he has encouraged St. Paul police to make the case a priority. But he has not called an investigative grand jury and will likely wait to take any action until the police present him with a case. Hennepin Co. Attorney Mike Freeman filed criminal sexual misconduct charges against the Rev. Mark Huberty. Freeman is handling the case because Ramsey Co. Attorney John Choi cited a conflict of interest in the matter. Choi told MPR News that he went to school with Huberty.

"IT'S KIND OF A MYTH THAT THE GRAND JURY HAS ALL THESE MYSTICAL POWERS, AND CAN SEND OUT THESE TENTACLES AND DO ALL OF THESE SIGNIFICANT THINGS."
HENNEPIN CO. ATTORNEY MIKE FREEMAN The tools they can use
County attorneys have the power to impanel an investigative grand jury. The grand jury could be used to subpoena witnesses and documents as part of its investigation, but thats not how its traditionally used in Minnesota. Grand jury proceedings here typically are not used to investigate allegations, but rather to decide whether to indict someone after a police investigation has concluded.

MPR News | mprnews.org

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STATE ATTORNEY GENERAL

ATTORNEY GENERAL LORI SWANSON


What they're doing
A spokesman for Attorney General Lori Swanson said her office has not gotten involved in investigations of the Archdiocese of St. Paul and Minneapolis. The office does not have criminal jurisdiction in the situation, the spokesman said, and defers instead to local agencies to handle such investigations.

The tools they can use


The attorney general is considered the "chief legal officer" of the state. Her office takes both advisory (to local prosecutors) and legal advocacy roles, representing the citizens and small businesses of the state, particularly in matters of utilities, antitrust and charity regulation and consumer protection. The attorney general also represents Minnesota in state court, federal court and in administrative hearings. As such, the attorney generals office has the power to launch investigations on behalf of the people of Minnesota -- and, with that, subpoena power. That power is typically used in the kinds of matters traditionally covered under the attorney general's scope of responsibility.

MPR News | mprnews.org

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