The spotlight on the disbanded Metro Gang Strike Force has shifted to the federal investigation, with FBI agents likely to try to get one or more of the officers suspected of crimes to "flip" and become witnesses for the government.
That was the informed speculation Friday of former federal prosecutors who have watched the once respected multi-jurisdictional unit that investigated gangs become the target of a probe that could land some officers in prison.
On Thursday, former Assistant U.S. Attorney Andy Luger and retired FBI special agent John Egelhof released a report that found that 10 to 12 members of the Strike Force took home property that had been seized by members of the Force. The items included televisions, computers and water scooters.
It could constitute theft of government property, and it is likely that the information gathered by Luger and Egelhof plus other information and records will be, or already may have been, shown to a federal grand jury. Supervisors who permitted or approved taking the property could be found to be complicit.
Ralph Boelter, special agent in charge of the Minneapolis FBI office, on Friday said there was no timetable for when the investigation would be completed. He would not say whether the grand jury was involved or whether subpoenas or search warrants had been issued.
"We are diligently reviewing the circumstances and the findings of the report that has just come out [Thursday]," Boelter said. "The allegations are serious, and we are taking a good look at it. We know it's a high-profile matter, and we understand the community is deeply interested."
Former Strike Force officers already are lining up attorneys as the scope of the potential cases against them becomes increasingly clear. However, none of the lawyers who have or may soon have Strike Force clients would discuss the case on Friday.
A lengthy process
A wide variety of federal statutes cover corruption of local officials, including law enforcement, said David Lillehaug, a former U.S. attorney now with the Fredrikson & Byron law firm in Minneapolis. He said statutes deal with theft of government property, violation of civil rights and other kinds of corruption -- "all fair game for the FBI and federal prosecutors."
Lillehaug cautioned that "while the FBI will hit this hard, it will be some months before the public sees any results. There will be a lot of discussion and negotiation through lawyers, between the FBI and potential targets and witnesses."
He said that in typical federal corruption inquiries, investigators place a priority on getting the cooperation of an insider who may be in the cross-hairs of the probe.
"The discussion on potential deals for cooperators could start quickly," Lillehaug said.
Jon Hopeman, a former assistant U.S. attorney, said he is sure prosecutors will use the grand jury process to subpoena documents and witnesses and to compel people to testify under oath. Luger and Egelhof did not have subpoena power, and most Strike Force members wouldn't talk to them.
"The subpoena power is huge," said Hopeman, who is now in private practice with the Felhaber firm in Minneapolis. "Maybe if the people who have failed to talk to Luger because they don't have to are compelled to talk by a federal subpoena, maybe what they say will tend to exonerate the officers, [but] maybe not."
Former U.S. Attorney Tom Heffelfinger said it was hard to say whether a grand jury will review the case or already has become involved. "Possibly the bureau [FBI] could have done warrants; you just don't know," he said.
Mounting a defense
One defense attorney, who declined to be identified and has represented police officers in the past, said convictions were not a slam-dunk, even if officers took seized property home.
He said that he would argue to a jury that his client put his life on the line every day and that the officer did not know he was stealing property. He said that one of the elements in proving theft is intent to steal. He said he would argue that in hindsight the officer should have known better, but he worked in an environment where officers were playing fast and loose with property.
He said that the officers would stand a better chance of conviction in a federal court than state court, where the conviction rate is lower. A state prosecution is an option if federal officials decline.
Late Friday, Holli Drinkwine, spokeswoman for the Ramsey County Sheriff's Department, issued a statement on behalf of the department. It said:
"The Luger panel has not advised us of any specific misconduct by any current employee. However, based on the report, we have opened an internal affairs investigation into one employee. Our investigation will yield to the FBI probe."
Randy Furst • 612-673-7382
