Moriarty calls lack of federal cooperation in ICE shootings ‘unacceptable,’ submits new demand for Pretti evidence

Local prosecutors are again decrying the lack of federal cooperation with Minnesota officials trying to investigate shootings involving immigration agents.

Hennepin County Attorney Mary Moriarty said her office formally issued more “Touhy” demands to the federal government, a subpoena-like effort to obtain evidence from the FBI from the shootings of Alex Pretti and Julio Sosa-Celis.

“Hiding evidence and obstructing our investigation is unacceptable, and it indicates a total lack of confidence in their own agents’ actions,” Moriarty said.

Prosecutors previously submitted a similar demand for evidence related to the shooting of Renee Good, but that deadline has since passed without any resolution. Moriarty said the attorney’s office is “currently taking a look at our options,” but could sue the FBI or Homeland Security in federal court to compel that evidence.

RELATED: FBI will not share access to Alex Pretti shooting evidence with Minnesota officials, BCA says

That step seems likely, as the Minnesota Bureau of Criminal Apprehension (BCA) announced just this past Monday that the FBI has formally rejected state requests to share access to any information or evidence connected to the Pretti killing.

‘Good shape’ to consider charges

Despite the lack of cooperation — and obstruction, at times, per state officials — by federal agents, the BCA and Hennepin County Attorney’s Office “never stopped investigating” the Good, Pretti and Sosa-Celis shootings.

“They have been at the scene, they have been following their protocol for what they normally do, they have been blocked from doing that in some of these cases but that hasn’t stopped them and us from collecting all of the evidence that they possibly can,” Moriarty said of the BCA.

Even without access to the evidence gathered by the feds, Moriarty believes her office can still consider possible charges against ICE and Border Patrol agents.

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

The Attorney’s Office says it has received more than 1,000 tips from community members related to ICE actions through its online portal.

Communication with federal prosecutors

While federal officers and agents haven’t cooperated with state officials, Moriarty says prosecutors continue to have open communication with their federal counterparts.

The county attorney noted her office has regularly handled cases that federal prosecutors have then used for their own cases, specifically citing some racketeering cases.

Moriarty said the U.S. Attorney’s Office previously indicated it had interest in pursuing indictments in 50 cases that Hennepin County prosecutors are currently handling. However, the exodus at the federal office seems to have halted that goal, with Moriarty saying she’s not yet heard a decision from the feds.

RELATED: 8 more federal prosecutors leaving US Attorney’s Office in Minnesota

“I think a lot of it has to do with staffing challenges that they obviously face. We are prepared to prosecute, to go ahead on any of those cases,” Moriarty said.

At least 14 federal prosecutors have left the U.S. Attorney’s Office this year over how the office has handled ICE-related investigations, leaving the unit seriously undermanned.
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