Judge Overturns Order to Preserve Evidence in Alex Pretti Shooting

Judge Overturns Order to Preserve Evidence in Alex Pretti Shooting

A recent ruling by a Minnesota judge has overturned an order that mandated the preservation of evidence in the tragic shooting of Alex Pretti by immigration officers. This decision raises significant implications for ongoing investigations.

Judge Lifts Preservation Order in Alex Pretti Shooting Case

U.S. District Judge Alex Tostrud, appointed by former President Donald Trump, has revoked an emergency order he issued shortly after the shooting incident. This order had required multiple federal agencies to preserve all evidence related to the case. The judge’s decision came after receiving assurances from federal officials regarding the maintenance of the evidence.

Background of the Case

The order had initially been requested by the Minnesota Bureau of Criminal Apprehension (BCA) and the Hennepin County Attorney’s Office. They expressed concerns that their investigative efforts could be compromised if evidence was not preserved. Judge Tostrud highlighted that although the evidence collected was substantial, the risks of destroying or altering that evidence were minimized.

Key Factors in the Decision

  • The judge determined that the federal defendants were unlikely to destroy evidence related to the shooting.
  • He pointed out that the existing preservation policies were already adequate.
  • Maintaining a preservation order could interfere with necessary investigative processes.

In his 18-page ruling, Tostrud noted that “[e]xamination and testing often leave evidence in a different condition after testing than it was before.” This awareness of potential alterations to evidence was one reason for dissolving the preservation order.

Communications Between Authorities

The BCA has reported that discussions with federal investigators regarding evidence sharing are ongoing. They remain optimistic about reaching an agreement. However, as of now, federal agencies, including the FBI and Homeland Security Investigations, have not provided information to local authorities.

This ruling has drawn attention due to the BCA’s previous exclusion from a federal inquiry involving another fatal shooting. That case involved Renee Good, a U.S. citizen shot by federal agents in Minnesota.

Concerns About Evidence Handling

In court documents, an FBI official verified that the evidence collected post-shooting was handled by trained personnel, ensuring compliance with evidence preservation protocols. The evidence is currently stored securely at the FBI’s Minneapolis Field Office.

With the preservation order lifted, the balance of control over evidence now shifts, potentially impacting the local investigation into Alex Pretti’s shooting.