5 Things To Know About The Jacob Wetterling Case File

Any time authorities close a criminal case, Minnesota state law requires the release of the relevant investigative file. The public release of the closed law enforcement investigation into the disappearance of Jacob Wetterling, which was scheduled for Monday, June 5, will be delayed. Why?

In early June, Jacob's parents, Jerry and Patty Wetterling, filed suit to keep portions of the file private that contained personal family information, information that is not considered private under the Data Practices Act, according to authorities.

Here are five things to know about the Jacob Wetterling case files:

1. According to the Wetterling's attorney, Dough Kelly, Jacob's parents have asked a judge to review a "less than three one-thousandths of 1 percent" of the investigation file. Kelly said that is "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."

2. Media organizations asked the court to deny the Wetterling's request, KSTP reported. The request for a legal intervention against the Wetterlings' motion was filed by:

• 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
• Media organizations including KSTP, Minnesota Public Radio, and the Pioneer Press

3. The Stearns County Attorney believes the Minnesota Government Data Practices Act requires them to release the more than 56,000 pages of reports and other data related to the disappearance of Jacob Wetterling.

Stearns County Attorney Janelle Kendall in a statement that county officials have followed the Minnesota Government Data Practices Act to the best of their ability, but find that the law does not allow them to protect the Wetterling family's wishes and interests.

4. Some experts 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."

5. District Court Judge Ann Carrott has extended the deadline, originally set at the end of June, for the Wetterlings to identify the documents they want kept from public viewing.

District Court Judge Ann Carrott moved the deadline to July 31, the Star Tribune reported. That means it will likely be months before the investigation into the disappearance of Jacob Wetterling is released to the public.

Image via MissingKids.org, used with permission