Application l?l STATE OF MINNESOTA, COUNTY OF WRIGHT TENTH DISTRICT COURT STATE OF MINNESOTA APPLICATION FOR SEARCH WARRANT AND SS. SUPPORTING AFFIDAVIT. COUNTY OF IN Dennis Kern, being duly sworn upon oath, hereby makes application to this Court for a warrant to Search the Premises and Person, hereinafter described, for the property and things hereina?er described. Af?ant knows the contents of this application and supporting af?davit, andthe statements herein are true of his/her own knowledge, save as to such as are herein statedon information and belief, and as to those, lie/she believes them to be true.- Af?ant has good reason to believe, and does believe, that the following described property and things, to wit: 1. Documents of residency 2. Papers or documents tending to Show the whereabouts of Danny James Heinrich from 1986-1988 and/or on January 13m .1989 andlor October 22?d 1989 3. Jacob Erwin Wetter-ling DOB 12/17/78. Alive or any human remains, including but not limited to bones, dental work/teeth, decomposing ?esh, hairs, or biological samples 7 4. Red Hockey teamjacket, name ?Jacob? stitched on the front and a St. Cloud Police logo on the back 5. Blue boy?s sweat pants 6. Red t-shirt with CMYSA, soccer ball logo, and St. Cloud, MN on the front. Number 11 and the name ?Wetterling? on the back. 7 Orange traf?c vest, with silver trim and black drawstrings on each side 8. Blue mesh jersey 9. Boys white tube socks 10. Boys white underwear 11. Boys Nike high?top tennis shoes size 5, white with grey Nike swoosh on the side. Nike written on the bottoms. 12. Keys and/or documents tending to show ownership or rental of garages, storage lockers, safety deposit boxes, or other storage type facilities. 13. Any/all handguns speci?cally but not limited to handguns with serial numbers indicating a pre- 1990 manufacture date 14. Adult male clothing, including camou?age fatigues, black military-type boots, a brown baseball hat, and a dark colored vest 15. Boys clothing, including a pair of Lee stonewashed jeans, size regular 14, and a pair of underwear size 12 or 14 16. A walkie?talkie, scanner or other hand held radio device, possibly bearing gray duct tape. 17. Brown and tan-colored stocking hat with the letter and the symbol for a heart repeated all the way around the hat. 18. Human hair pieces 19. Jagged edge knives 20. DNA buccal saliva swab of Danny James Heinrich, DOB 03121/1963 Military style watch 22. Computer systems including, but not limited to: the main computer box, hard drives, monitors, scanners, printers, modems and/or other peripheral devices 23. Media, capable of storage, in whatever form, including but not limited to be magnetic ?oppy disks and tapes); optical and and/or solid state Flash Drives and Memory Cards) . 24. Personal electronic devices including, but not limited to:'cell phones, personal data assistants, portable audio devices, digital video recorders, video entertainment consoles, and/or any other data storage medium - 25. Data contained on either hard drives or removable media to include: deleted ?les and e?mail tiles that may show the receipt, possession, and/or distribution of child pornography; chat line logs COPIES TO: COURT 0 PROSATTY 0 PEACE OFFICER Application l-2 that may identify children being enticed online; or data that reveals the distribution of child pornography 26. Papers and effects that tend to show the possession or distribution of child pornography or the enticement of children online, including but not limited to address books or diaries 2'7. Notes and other documentation that may reveal logins and or passwords 28. Programs and manuals relating to the operating systems or any applications 29. Proof of residency and documentation relating to the internet including but not limited to bills from the internet service provider 30. Any and all camera equipment, videotapes, or other items that may be used for the possession, production, and/or distribution of child pornography 31 Any evidence related to the sexual exploitation of children. 32. Depictions of minors under the age of eighteen engaged in or simulating prohibited sexual acts, such as: actual or simulated sexual intercourse, deviant sexual intercourse, sadism, masochism, sexual bestiality, incest, masturbation, or sadomasochistic abuse; actual or simulated exhibition of the genitals, the pubic or rectal area, or the bare feminine breasts, in a lewd or lascivious manner; actual physical contact with a person?s clothed or unclothed genitals, pubic area, buttocks, or if such a person is female, breast with the intent to arouse or gratify the sexual desire of either party; defecation or urination for the purpose of creating sexual excitement in the viewer; and/or any act or conduct which constitutes a Criminal Sexual Assault or simulates that a Criminal Sexual Assault is being or will be committed. 33. Any data relating to ownership of the computer, personal login information including but not limited to unique login [D?s and passwords. 34. Any documentation, operating logs and reference manuals regarding the operation of the computer equipment, storage devices or software. 35. Any physical keys, devices, dongles and similar physical items that are necessary to gain access to the computer equipment, storage devices or data. 36. Any passwords, password files, test keys, codes or other information necessary to access the computer equipment, storage devices or data. 37. Data contained on hard drives to include deleted files, email ?les, chat line logs, interact history and any data that tends to show possession or distribution of pornographic work involving minor children. 38. Photographs or photographic albums including but not limited to photographs of children 39. Wallet possibly containing identifying information of a juvenile male 1 are on the premises and person described as: 55 Ave South, City of Annandale, County of Wright, State of Minnesota, further described as a single story, white, single family dwelling with a detached garage located on the southeast corner of Avenue South and Spruce Drive East. The front door of the home faces west onto Avenue. The detached garage is a white oversized garage with a single overhead door. It faces north towards Spruce Drive East. Danny James Heinrich, DOB 03/21/1963, described as a white male approximately 5?5 and weighing approximately 235 pounds for purposes of obtaining a DNA Buccal swab and locating any other evidence of criminal activity that may be on his person. located in the City of Annandale, County of Wright, and State of Minnesota. This affiant applies for issuance of a search warrant upon the following grounds: . The property was stolen or embezzled. The property was used to commit a crime. Possession of the property constitutes a crime. a The property in the possession of person with intent to use the property to commit a crime. COPIES TO: COURT 0 PROSATTY PEACE OFFICER Application 1?3 5. The property above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime. COPIES TO: COURT 0 PROSATTY 0 PEACE OFFICER Application 1-4 The facts tending to establish the foregoing grounds for issuance of a search warrant are as follows: Your Af?ant is Dennis Kern, an investigator with the Steams County Sheriff?s Of?ce. Your Af?ant has been a licensed police of?Cer with Steams County for ?fteen years. Your Af?ant has spent the last three years assigned to the Investigative Division. During that time, Your Affiant has drafted and executed numerous search warrants. Those warrants have resulted in the collection of evidence and the recovery of property. They have also lead to successful prosecution of offenders. This affidavit is made in support of a warrant to seize'buccal swabs from Danny James Heinrich, born 03/21/1963, to search his perstm for any evidence of criminal activity, and to search his home and detattached garage located at 55 Ave South, City of Annandale, County of Wright, State of Minnesota. Based on review of reports, Your Af?ant believes the following to be true. The City of Paynesville, County of Steams had several incidents from 1986 through 1988 where juvenile males where assaulted and/or sexually assaulted in various locations throughout the city. The juvenile males ranged in age from twelve to sixteen years old. All of the juvenile males listed below have been fully identi?ed and their names are contained in police reports. Incident number one occurred in August of l986. A juvenile male was attacked in an alley behind Papa?s Pizza at 108 West Hoffman St. A husky, white male who was approximately 5?9? with a mud like substance on his face jumped born the bushes, knocked the juvenile off of his bicycle, and struck the juvenile in the nose. The juvenile struck the unknown offender who then ?ed the area on foot. The suspect didn?t say anything. Incident number two occurred on August 21, 1986. Two juvenile males were leaving Papa?s Pizza. A heavy set male who stood approximately and wore a long sleeve sweater and gloves, attacked one of the juveniles. The suspect hit the juvenile in the back of the head with his hand and knocked him to the ground. The suspect grdped the juvenile male?s front pockets. As the secondjuvenile male approached, the suspect fled the area on foot. The suspect didn?t say anything.- lncident number three occurred on November 30?, 1986. A juvenile male was attacked in the vicinity of 603 Augusta Ave. A heavy set male, wearing a nylon Windbreaker came out of the bushes in the alley. The suspect put his hand over thejuvenile male?s mouth and dragged him into some trees. The suspect told the juvenile not to Speak or the juvenile would be killed. The suspect spoke in a ?low, static tilled? voice. There was also a strong odor of cigarette smoke on the suspects hands. The suspect rubbed the juvenile male?s testicles both over and under his clothing. The suspect removed the juvenile male?s stocking hat and cut off some of his hair with ajagged edged knife. The suspect asked thejuvenile male?s name and age. Once the attack was over, the suspect told the juvenile to ?keep laying down for five minutes or I?ll blow your head off?. The attacker kept possession of the juvenile male?s brown and tan stocking cap and hair. The hat was trimmed with the letter and the symbol for a heart repeated all the way around the hat. Incident number four occurred on February 14m, 1987. The attack occurred in the stairwell of an apartment building at 122 West James St. Ajuvenile male was attacked by a heavy set male who was approximately 5?6? tall wearing a dark colored quilted jacket with mask covering his face. The juvenile had been at Papa?s Pizza earlier in the evening. The suspect grabbed the juvenile and threw him down the steps. The juvenile began to scream. The suspect told thejuvenile to keep quiet or he would kill the juvenile. The suspect groped the juvenile?s penis and testicles both over and under his clothing. The suspect spoke in a deep low whisper. The suspect asked the juvenile what grade he was in. The suspect told the juvenile not to move or he would kill him. The suspect took the juvenile?s wallet and left the area on foot. Incident number ?ve occurred onMay 17m, 1987. It occurred on Main Street near Maple Street. The same juvenile male from incident number four was attacked again. The suspect was described as being about the same height as the suSpect in the previous incident, pudgy, with a dark looking face, and dark colored clothing. The suspect grabbed the juvenile off of his bicycle. The suspect groped the juvenile?s testicles. The juvenile screamed and told the suspect that he had already got him. The suSpect ?ed the area on foot. The suspect left behind a baseball cap which was turned over to police. No statements were made by the suspect. The juvenile victim believed the suspect in this incident was the same person who previously attacked him. COPIES TO: COURT - PROSATTY 0 PEACE OFFICER Application 1-5 Incident number six occurred on September 20th, 1987. Two juvenile males were approached near 111 Lyndall Ave. The suspect was described as a chubby male with short chubby legs. The suspect had either painted his face or were a mask. The juvenile males saw the suspect approaching them, screamed, and ran. The suspect lied on foot without assaulting the juveniles or speaking to them. The juveniles had been at Papa?s Pizza earlier in the night. Incident number seven occurred in the late summer of 1988. It occurred in the woods near the address of 200 West Railroad Ave. A Javenile male was attacked by a white male with a husky build. The male spoke in a raspy voice and wore panty hose over his face. He also wore camo colored pants and a green army?type jacket with black boots and black gloves. There was a group of juveniles camping together. Two juveniles left the camp to get beverages. The suspect tackled one of the juveniles. The suspect sat on the juvenile, and held a small knife tothe juvenile?s threat. The juvenile screamed and the suspect said ?shut up or I?ll kill you?. The juvenile fought back and escaped without being harmed or groped. Incident number eight occurred in the late fall of 1988. It occurred in the vicinity of 512 West Minnesota Street. A juvenile male was on his bicycle delivering papers and had stopped brie?y at this location. He was attacked by a white male who was husky and stood approximately 5?6? tall. The suspect was possibly wearing a ski mask, dark colored stocking hat, black shirt, black pants, and black gloves. The suspect ran out from a line of trees in the yard. The suspect knocked the juvenile off of his bicycle. The suspect then fled the area on foot without saying or doing anything further. At the time all of these incidents took place, Danny James Heinrich primarily resided at the Plaza Hotel, 121 Washbume Ave in the City of Paynesville. These incidents all took place within several blocks of his residence. On 01/ 13/1989, the Stearns County Sheriff?s Of?ce (SCSO) received a report of a kidnapping and sexual assault which occurred in Munson Township, Steams County, Minnesota. Law enforcement spoke to a juvenile male (hereinafter whose name and other identifying information are known to the af?ant and are contained in reports relevant to this investigation. JNS was born on 01/19/1976 and was twelve years old at the time of the alleged kidnapping and sexual assault. JNS told law enforcement officers that on 01/ 13/1989, at approximately 9:45 pm, he was walking home from the Side Cafe in Cold Spring, MN. Approximately three blocks from his home in Cold Spring, JNS was met on the street by an adult white male driving a car. The driver stopped his vehicle and asked JNS words to the effect of ?whether he knew where Kraerner lived.? As INS began to respond, the driver exited the vehicle, grabbed JNS, told JNS to get in the car, and forced him into the backseat. The driver re-entered the car and began to drive. He told JNS the car was equipped with child safety locks As the driver was leaving the area, he instructed INS to cover his face with his stocking cap and lay down in the back seat. He also told JNS he had a gun and he wasn?t afraid to use it. No gun was displayed. JNS complied with the instructions but was able to see he was being driven out of Cold Spring. JNS specifically remembered going past the John Paul Apartment building located in the 200 block of 8th Ave. N. JNS also remembered going up ?Bell?s Hill? which is Steams County Road 158. INS believed they turned ontojHWY 23 towards Richmond. JNS was able to look out the left rear window. He saw what he thought was the Richmond ball park, located in Munson TWP. The driver stopped shortly thereafter. JNS looked out and thought he saw the lights of the City of Richmond. IN believed the driver took exaggerated turns to confuse JNS. During the drive, JNS noticed a ?walkie talkie? type handheld radio device with an antenna on the passenger seat. The walkie talkie had gray duct tape on it and was scratched. JNS heard a male voice and a female voice coming from the walkie talkie. The driver shut off the walkie talkie while driving. The entire drive took approximately 10-15 minutes. The driver stopped the car on a gravel road. The driver got into the backseat with JNS. He instructed JNS to remove snowmobile suit and to pull pants and underwear down. JNS complied out of fear and lowered his pants and underwear to his ankles. The driver lowered his own pants to his ankles. The driver touched penis with his hand. The driver ordered JNS to touch the driver?s genital area which JNS did. The driver placed penis into his mouth and then had JN put his mouth on the driver?s penis. JNS complied. INS later advised he wiped his mouth on his sweatshirt sleeve several times during this incident. The driver ordered JNS to kneel on his hands and knees and spread his legs. JNS COPIES TO: COURT 0 PROSATTY PEACE OFFICER Application 1?6 complied and the driver attempted to insert his penis into rectum; however, JNS struggled and the driver was unable to penetrate JNS and eventually stated, give up.? I The driver returned to the driver?s seat through the center console. The driver took the snowsuit and wiped it o? with a cloth or a mitten. The driver gave the snowsuit back. The driver took pants and underwear-and placed them on the front seat. He allowed JNS to put on his snowmobile suit but the driver maintained possession of jeans and underwear. He told JNS if the police got a ?lead? on the driver, the driver would ?get him after school and shoot him.? The driver told JNS he was lu?eky to be alive. The driver returned towards Cold Spring and had JNS exit the vehicle near Cold Spring. The driver told JNS to roll around in the snow to wipe his snowmobile suit off. He also told JNS to run and not to look back or he would shoot INS. The driver kept the pants and under wear that JNS had been wearing. The pants were described as ?Lee? brand stonewashed jeans boys regular size 14. The underwear were boys sized 12 or 14. JNS was able to return home and reported the crime to his parents and law enforcement. snowmobile suit, sweatshirt, and t-shirt were all seized as evidence. JNS described the driver as follows: white male, approximately thirties in age; approximately weighing approximately 170 pounds; with dark brown mid?length hair; brown eyes; fat ears that stuck out; a fat nose; bushy eyebrows; rough, wrinkled skin, darker complected with dark hair; broad neck and thick shoulders; rough, short, thick hands; a pudgy ?beer belly? stomach, crooked bottom teeth like ?cheese teeth?, and a deep raspy voice. The driver also had an indentation of a ring on his right ring ?nger. He was wearing a brown baseball cap with unknown lettering; a dark-colored zip up vest; camouflage fatigues; black Army boots, and a- military-style watch. On 12/ 13/ I989 JNS met with FBI agents to create an artists rendering of the driver. (See appendix A, attached hereto and incorporated herin, for a copy of the artists rendering and a copy of a photograph of Danny James Heinrich from 1990). IN described the car as follows: a dark blue four-door automatic transmission passenger car with a luggage rack on the trunk; blue cloth interior with dark blue leather or vinyl interior trim, and front bucket seats. JNS believed the shifter was in the center console area. The car smelled ?new.? (See appendix B, attached hereto and incorporated herin, for a copy of eight photographs of the Mercury Topaz Danny Heinrich owned in January 1989). On 01/ 16/ 1989, SCSO Deputy Zieglmeier telephoned SCSO Detective Doug Pearce and indicated he had information regarding a possible suspect in the kidnapping and assault of INS. Deputy Zieglmeier identi?ed the possible suspect as Danny James Heinrich, born 03/21/1963, of Paynesville, MN. Of?cer Zieglmeier advised Heinrich drove a 1987 dark blue Mercury Topaz, 4?door with a light blue interior bearing Minnesota license plate Deputy Zieglmeier re-contacted Detective Pearce early that afternoon to advise Heinrich was currently in either the National Guard or Army Reserves and was observed on a regular basis wearing military fatigues. Based on Your Af?ant?s review of documents and photographs, Danny James Heinrich?s physical description in the late 1980?s was as follows: white male; born 03/21/1963; 160 pounds, brown hair, and brown eyes. On 01/ 17/ l989, Detective Pearce displayed to JNS a photographic lineup consisting of six photographs of males with similar builds and characteristics. This photo line?up included a then current photograph of Danny James Heinrich. Upon viewing the lineup, JNS indicated the picture of Danny James Heinrich and a picture of another male somewhat resembled the person who kidnapped and sexually assaulted him on 01/ 13/ 1989. On 01/ 17/ 1989, Detective Pearce continued Danny Heinrich was a member of the Willmar National Guard. On 0 1/ I 8/1989, Detective Pearce and Detective L. Leland observed a 1987 dark blue 4-door Mercury Topaz bearing Minnesota license plate at Master Mark Plastics where Danny Heinrich was employed. Detective Pearce and Detective Leland observed the interior of the car appeared to be gray-colored. There was no luggage rack on the trunk. Subsequently, on 10/22/1989, the SCSO'received the report of a kidnapping which occurred in St. Joseph Township, Steams County, MN. TW and AL, male juveniles whose names and other identifying information are known to Your Af?ant, told SCSO law enforcement of?cers at approximately 9:15 pm, they were in the company of Jacob Erwin Wetterling, age 11. A masked male subject approached the boys, on foot, with a handgun in the area of 29748 9lst Avonue, St. Joseph Township. He ordered them into the ditch. He asked the boys how old they were. COPIES TO: COURT 0 PROSATTY PEACE OFFICER Application l~7 They told him their ages. He also grabbed penis over clothing. He then ordered look back or he would shoot them. Jacob Wetterling was led away by the masked male and has never been located. AL and TW reported they did not see any vehicles when the confrontation took place. Jacob Wetterling was last seen wearing a red hockey team jacket with the name ?Jacob? stitched on the front and a St. Cloud Police logo on the back. He was also wearing blue sweat pants, a blue mesh jersey, boys white tube socks, white boys underwear, a red t?shirt with CMYSA, soccer bail logo, and St. Cloud, MN on the ?ont. The number ?1 1? and the name ?Wetterling? is on the back. He was also wearing an orange traffic vest with silver trim, and black draWStrings on each side. He was wearing boys Nike high top tennis shoes size 5, that were white with a grey Nike Swoosh on the side and Nike written on the bottoms. The masked male was described as follows: adult; approximately approximately 180 pounds, and a low rough voice as if he had a cold. He was wearing a smooth, nylon-type mask to cover his face; dark coat, dark pants, and dark shoes. He had a silver colored handgun. Shoe prints and tire impressions were discovered by law enforcement in the gravel driveway at 29748 91st Avenue, St. Joseph. MN. These-shoe prints and impressions were approximately 75 yards away from the location where AL, TW, and Jacob Wetter-ling were initially confronted and 300-400 yards away from the woods that TW and AL were told to run to. Cast impressions and photographs were obtained of the shoe prints and tire impressions. One set of shoe prints looked to be similar to the Nike shoes Jacob Wetterling was wearing on 10/22/ 1989. On 12/16/1989, following the suspected kidnapping of Jacob Wetterling, Danny Heinrich was interviewed by two FBI Agents. He advised he had been arrested twice for Burglary and also for Driving While Intoxicated (DWI). He belonged to the Army National Guard in Willmar, MN. He could not recall where he was on 01/13/1989 nor could he recall where he was on 10/22/1989; however, he offered he could have been washing clothes or visiting a friend on 10/22/1989. From the fall of 1988 through November 1989, Heinrich continued to live at 121 Washburne Av in Paynesville. He moved out in November 1989. He moved to his father?s residence 1-6021 CR 124 in Paynesville TWP. .Prior to February 1989, Heinrich split time staying at his mother?s residence at 1.21 Washbume Ave and his father?s residence at 16021 CR 124. Since 06/1989, he had been driving a light/medium blue 1982 Ford EXP bearing Minnesota license plate The 1982 Ford EXP had Sears Response Superguard rear tires. Prior to 07/1989, he indicated he drove a 1975 gray Ford Grenada which he sold to his mother. He denied wearing camou?age clothes or Army boots other than when on guard duty as it was stressed guards were not to wear Army clothes or Anny-related clothes while off duty. He denied any knowledge regarding the abductions of ms or Jacob wetterling. On 01/08/1990, Paynesville Police Chief Robert Schmiginsky advised the Wetterling investigators that Paynesville had a year of molestation episodes. Chief Schmiginsky believed Danny Heinrich should be considered a suspect in the molestations. Several incidents of an unknown adult male groping or chasing juvenile males were reported to Paynesville law enforcement from approximately .09/1986~09/l987. No arrest(s) were ever made in connection to the reports. (Those and additional incidents are summarized ante at 1-3 and 1-4). On 01/12/1990, Heinrich was rte-interviewed by law enforcement. He indicated the tennis shoes he was wearing at the interview were the only tennis shoes he owns and were purchased at Sears. The shoes had been purchased approximately one year prior to the interview. Heinrich voluntarily provided his tennis shoes to law enforcement of?cers. On 01/15/1990, Heinrich voluntarily authorized law enforcement of?cers to remove the rear tires from his 1982 blue Ford EXP bearing Minnesota license plate He informed police that he purchased the EXP in September 1989. (see Appendix C, attached hereto and incorporated herin, for photographs of the EXP owned by Danny Heinrich in 1990). On 01/15/1990, Detective Pearce obtained and reviewed documentation indicating the four-door 1987 Mercury Topaz, blue exterior/blue interior, automatic transmission, vehicle identi?cation number (VIN) 2MEBM36X8HBG4633, bearing Minnesota license plate was purchased on 03/10/1988 by Danny Heinrich. On the purchasing contract, Heinrich?s home address was listed as 121 Washbume Avenue, Paynesville, MN. Detective Pearce also received and reviewed documentation the vehicle was repossessed from Heinrich on 03/15/1989. Detective Pearce telephonically contacted the then current owners of the Topaz who voluntarily drove the car to Detective Pearce on 01/16/1990. COPIES TO: COURT 0 PROSATTY 0 PEACE OFFICER Application 1-8 On 01/16/1990, INS sat inside the 1987 Mercury Topaz and examined the vehicle. JNS said the Topaz ?feels like?wouldn?t change a thing? about the interior. On a scale of I to 10 (with 10 being most similar) the Mercury Topaz was an ?8 or possibly a 9? as being similar to the car in which he had beenikidnapped and sexually assaulted. (Photographs of the Topaz taken on 1/ 16/1990 are attached in Appendix B). On 01/18/1990, back seat carpet and seat samples were obtained by Detective Pierce from the 1987 Mercury Topaz, VIN 2MBBM36X8HBG46334. These samples were retained by law enforcement. On 02/09/1990, the FBI Laboratory Verbain indicated a fiber found on snowmobile suit exhibited the same microscopic and optical properties as the ?bers in the composition of the seat samples obtained on 01/18/1990 from the 1987 Mercury Topaz owned by Danny Heinrich in January 1989. On 03/05/1990, the FBI Laboratory provided a written document which stated ?a gray ?ber found on the snowmobile suit exhibited the same microscopic characteristics and optical properties as the ?bers in the seat sample from the 1987 Mercury Topaz and, accordingly, - is consistent with having originated from the same source.? On 01/23/1990, SCSO obtained a search warrant for Danny Heinrichs father?s (Howard Heinrich) residence at 16021 County Road 124, Paynesvilie, MN. According to a family member, Danny Heinrich moved from his mother?s apartment at 121 Washbume Avenue, Paynesville, MN in October 1989 and was living with his father at 16021 County Road 124, Paynesville. On 01/24/1990, law enforcement of?cials conducted a search of the residence at 16021 County Road 124, Paynesville,_MN. The foliowing items were seized: One black portable scanner carrying case; lists of scanner frequencies and operating manuals; one pair black lace up boots; two brown caps; one ?Radio Shack? scanner frequency book; one shirt and pair of trousers (both camou?age); one past due loan payment in the name of ?Danny Heinrich? and one pay stub from Fingerhut Corporation dated 10/08/1989 in the name of ?Danny Heinrich?; one vest; one handheld Regency programmable scanner; one six channel Regency scanner. (See Appendix attached hereto and incorporated herin, for amino page copy of the search warrant af?davit and inventory). During the search, Danny Heinrich was revinterviewed. He still could not remember where he was on Sunday 10/22/1989 but his best guess was he was at home at his former apartment at 121 Washburne Ave #24 in Paynesville. Per Heinrich, his Sundays were usually spent driving around Paynesville, washing clothes, or watching a movie. He was ?mostly by himself.? He could not locate any receipts or paperwork which could provide him an alibi but he stated he was not in St. Joseph, MN at any time that weekend. He was not working and was unemployed. After consulting his records, his last day of work at Fingerhut Corporation was 10/08/1989 and he was unemployed until 11/ 12/1989 when he started at North Star Mailing in St. Cloud, MN. He moved out of his apartment at the Plaza Hotel in Paynesvilie on 11/30/1989 and moved into his father?s basement. Investigators noted Heinrich?s bottom teeth had black spots in the front and he advised he chewed tobacco for many years. During a search of one of Heinrich?s locked trunks, he produced six photographs. Three of the photographs were school-type photos of children with the last name, Heinrich stated he obtained the photos while he was at the Willmar Regional Treatment Center (WRTC) and the children depicted were from the Twin Cities area of Minnesota, but he had met them while they were at the WRTC Adolescent Treatment Unit. Investigators were able to confirm that Danny James Heinrich was a patient at WRTC. The other photos depicted a male child coming out of the shower with a towel wrapped around himself, a male child in his underwear, and an additional photo of three fully clothed children. Reports did not indicate any age range for the children in the photographs. Heinrich objected to law enforcement of?cers seizing the photographs because ?they just didn?t iook right". The photographs were not seized. In subsequent interviews, Heinrich stated that he burned the photos. He told of?cers the photos ?looked bad? and were ?no kind of pictures to have anyway.? On 01/25/1990, Heinrich was re-contacted by FBI SA Eric D. Odegard at his residence. His father, Howard Heinrich, was also present. Heinrich volunteered to appear at the SCSO to retrieve the two rear tires for his 1982 Ford EXP. He aiso agreed to appear in a physical lineup. On 01/26/1990, a physical lineup of six white males, including Danny Heinrich, was conducted. INS could not identify any of the males as being the individual who kidnapped and sexually assaulted him. INS said one of the participants and Danny Heinrich were similar to his kidnapper based on build, chest, and stomach. INS indicated the one of the participants was a on a scale of one to ten and Danny Heinrich was a in similarity to his kidnapper. COPIES TO: COURT 0 PROSATTY I PEACE OFFICER Application 1-9 On 01/26/1990, Jacob Wetterling Investigators Were verbally advised by the FBI Laboratory that the tires provided by Heinrich were consistent with but not an exact match of the tire impressions left at the scene of the Wetterling kidnapping. It was determined the Sears Superguard Response tread design was consistent with the tire impressions at the scene and the tire size was also consistent with measurements obtained of the tire impression at the crime scene. On 04/13/1990, FBI Laboratory examiner David Attenberger-submitted a written report regarding shoe print impressions from the scene of the Wetterling kidnapping and compared them to Heinrich?s shoes taken on 1/12/1990. Attenberger concluded that ?due to lack of suf?cient detail in the submitted questioned shoe impression,? it could not be determined whether the right shoe impression at the scene was made by Heinrich?s right shoe. However the shoe impression at the scene ?corresponds in design" to Heinrich?s right shoe. Attenberger also compared the tire impressions from the Wetterling crime scene to the tires taken on 1/25/1990 from Danny Heinrich?s car and concluded the tires tread pattern was ?consistent with the tire impressions found at the Wetterling crime scene.? (See appendix attached hereto and incorporated herin, for copies of the photographs of the shoes, tires, shoe prints, and tire marks.) On 02/05/1990, James Martin Wurm, was interviewed by FBI SA Odegard. Wurrn said his sister is Arlene Jude of Paynesville, MN. Wurm and his wife had ?ve boys aged22 to 1. His sons, Leroy and Lloyd, Would o?en stay at the Jude residence in Paynesville. Wurm recalled a juvenile named Tommy Heinrich playing football with his boys. Tommy Heinrich was 17 years old at the time of the interview. Wurm was shown a photograph of Danny Heinrich and stated Danny Heinrich would often accompany Tommy Heinrich to the Jude residence but would not play football with the kids. Wurm advised the Jude home had been burglarized ?ve or six years earlier and had again been recently burglarized and set on ?re in approximately 11/1989. Wurm provided a photograph of Lloyd and Leroy Warm taken in 1980. FBI SA Odeg?ard noted the photographs looked similar to photdgraphs he had observed in Danny Heinrich's possession on 01/24/1990. On 02/09/1990, Danny Heinrich was arrested on probable cause for the kidnapping and sexual assault of INS. Heinrich stated emphatically he was not guilty, that he was being framed, and that he was not going to talk to the interviewing agents. Heinrich re-stated he was innocent and he invoked his right to an attorney. Heinrich was later released without being charged. All property seized during the search warrant executed on 01/24/ 1990 was released to Heinrich on 02/08/1991. On 07/18/2032, a Minnesota Bureau of Criminal Apprehension (BCA) Report on the Examination of Physical Evidence (laboratory report number 8890-1699, report indicated a DNA pro?le was obtained from snowmobile?suit (item 46), sweatshirt (item 47), and .lNS?s shirt (item 48). DNA analysis was performed on those samples as well as one known DNA sample from IN S. The DNA pro?ling results indicated a sample obtained from the right wrist ofJNS?s sweatshirt (item 47-5) contained a ?mixture of two or more individuals.? JNS could not be excluded as being a possible contributor. The unidenti?ed predominant male DNA pro?le did not match however, ?it is estimated 99.5% of the general population could be excluded from being Contributors.? Samples which contained a mixture of two or more individuals were also obtained from the center chest of the snowsuit, the neck of the sweatshirt, and the chest of the sweatshirt. The partial predominant male DNA pro?le obtained from the neck of the sweatshirt and the chest of the sweatshirt matched IN S. On 03/05/2014, a BCA lab report (Laboratory number 8890?1699, report number 44) indicated DNA pro?ling was performed on a sample colleCted from the baseball hat coliected following an attack in Paynesv'ilie, MN on 05/ 17/ 1987 (item 75). DNA results indicated a mixture of three or more unknown individuals was present. On 1/12/1990, Danny James Heinrich voluntarily provided body hair samples to Detective Steve Mund and SA Pete Cunningham of the FBI. SA Cunningham delivered those. samples to the lab for comparison. These samples were placed under glass slides and mark KI and K2 for identification and have been retained by law enforcement. On 5/12/2015, Your Affiant presented slides K1 and K2 to the BCA trace evidence unit. he trace evidence unit examined the hair slides and deemed them suitable for nuclear DNA testing. They were forwarded to the Biology section for further testing. On 7/10/2015, Your Af?ant received a report regarding the examination of the hair samples. (Laboratory number 8890-1699, report tumor 49). The report stated there was a ?mixture of two or more individuals? on the right wrist of sweatshirt (item 47-5). The ?predominant male DNA pro?le matches COPIES TO: COURT - PROSATTY 0 PEACE OFFICER Application l~ l0 Danny James Heinrich. The predominant pro?le would not be expected to occur more than once among unrelated individuals in the world population. The DNA of Danny James Heinrich was also compared to the blue baseball cap that was recovered after an incident in 1987 in Paynesville. The hat contained a ?mixture [of from three or more individuals. Danny James Heinrich could not be excluded from being a possible contributor.? ?It was estimated that 80.5% of the general population could be excluded from being contributors.? (Laboratory number 83904699, report humor 49). Based on Your Af?ant?s training and experience, and the knowledge and experience of other law enforcement personnel involved in this investigation and other crimes against children investigations, Your Af?ant is informed that serial sexual offenders who engage in sexual fantasies may keep articles from victims as a keepsakes, souvenir, or trophies even years after their crimes. These trophies often consist of biological samples or articles of clothing taken from their victims. In incident number three in Paynesville, the attacker kept a sample of the victims hair along with the victims stocking cap. in the kidnapping and sexual assault of JNS, the suspect kept the victims pants and underwear. Jacob Wetterling and his clothing have never been recovered. Some offenders may also keep a written or digital journal/diary in which they describe their fantasies and/or their crimes in detail. Based on Your Af?ant?s training and experience, and the knowledge and experience of other law. enforcement personnel involved in this and other crimes against children investigations, Your Af?ant believes the following: 3. Individuals who are sexually attracted to children may collect and save sexually-explicit materials including items such as photographs, magazines, videotapes, books, slides, and electronic digital images and videos transmitted and maintained through the use of computers and related technologies. The most common method of acquisition is by purchase, sale, or barter with other persons harboring similar interests. b. The use of computers to traf?c, trade, and collect child pornography is well-documented and established phenomenon. I am aware that an individual familiar with computers and related technologies can utilize such systems' abilities to interact with many other individuals while remaining essentially anonymous. This sense of privacy and secrecy along with the ability to interact with many individuals- without the risk of easy identification satisfies the needs of individuals who are interested in traf?cking, trading, and collecting child pornography. c. Child pornographers and persons with a sexual attraction to children typically maintain and possess these kinds of materials in the form of photographs, magazines, negatives, ?lms, videotapes, and graphic image ?les. They also possess correspondence, mailing lists, books, tapes, recordings, and catalogs relating to child pornography and a sexual interest in children. In many instances,.these individuals will amass a collection of child pornography in more than one type of the aforementioned media. d. It is common for child pornographers and persons with a sexual interest in children to retain material, including related correspondence, for periods of time. These individuals will rarely voluntarily dispose of or part with their materials, which they consider to be their treasured possessions and sources of sexual pleasure. e. Individuals who share child pornography are often individuals who have a sexual interest in children and in images of children, and who download images and videos of child pornography. Based upon my knowledge, experience, and training in child pornography investigations, and the training and experience of other law enforcement of?cers with whom I have had discussions, there are certain characteristics common to individuals involved in the receipt and collection of child pornography. f. Individuals who have a sexual interest in children or images of children may receive sexual gratification, stimulation, and satisfaction from contact with children; or from fantasies they may have viewing children engaged in sexual activity or in sexually suggestive poses, such as in person, in photographs, or other visual media; or from literature describing such activity. g. Individuals who have a sexual interest in children or images of children may collect sexually? explicit or suggestive materials, in a variety of media, including photographs, magazines, motion pictures, videotapes, books, slides and/or drawings or other visual media. Individuals who have a sexual interest in children or images of children oftentimes use these materials for their own sexual arousal and grati?cation. Further, they may use these materials to lower the inhibitions of children they are attempting to seduce, to arouse the selected child partner, or to demonstrate the desired sexual acts. COPIES TO: COURT 0 PROSATTY PEACE OFFICER Application i h. individuals. who have a sexual interest in children or images of children almost always possess and maintain their ?hard copies" of child pornography material, that is, their pictures, films, videotapes, magazines, negatives, photographs, correSpondence, mailing lists, books, tape recordings, etc, in the privacy and security of their home or some other secure location. Individuals who have a sexual interest in children or images of children typically retain pictures, ?lms, photographs, negatives, magazines, correspondence, books, tape recordings, mailing lists, child erotica, and videotapes for many years. i. Likewise, individuals who have a sexual interest in children or images of children often maintain their collections that are in a digital or electronic format in a safe, secure, and private environment, such as a computer and surrounding area. These collections are often maintained for several years and are kept close by, usually at the Collector's residence, to enable the individual to View the collection, which is valued highly. j. Individuals who have a sexual interest in children or images of children also may c'orreSpond with and/or meet others to share information and materials; rarely destroy correspondence from other child pornography distributors/collectors; conceal such correspondence as they do their sexually-explicit material; and often maintain lists of names, addresses, account names, e?maii addresses, and telephone numbers of individuals with whom they have been in contact and who share the same interests in child pornography. I k. Individuals who have a sexual interest in children or images of children prefer not to be without their child pornography for any prolonged time period. This behavior has been documented by law enforcement officers involved in the investigation of child pornography throughout theworld. Based on the foregoing, Your Af?a'nt respecn?ully submits there is probable cause to?believe that on the person of Danny James Heinrich thereis A DNA'sample and/or other materials which may be evidence of crimes possibly involving children. Your Affiant is requesting authorization to seize Danny James Heinrich for the purpose of obtaining buccal swabs, and/or other materials which may be evidence of crimes, possibly involving children, which will then be forwarded to the Minnesota Department of Public Safety, Bureau of Criminal Apprehension, Forensic Science Laboratory, for appropriate testing, analyses, and comparisons. Your af?ant also believes there is probable cause to believe there is evidence of criminal activity lochted at 55 Avenue South, Annandale, MN. This af?davit is being submitted for the limited purpose of establishing probable cause. Your Af?ant has set forth only those facts believed necessary to establish probable cause in this matter. WHEREFORE, Af?ant' requests a search warrant be issued, commanding Dennis Kern, peace- of the State _of Minnesota, and another personnel undergyourdirection and control between the hours of 7:00 em. and 8:00" pm. only to search the hereinbefore described Person, and premises for the described property and things andto ?seize said property and'things and keep said property, premises, and things in custody until the same be dealt with accordingto law. A?iantr INV Dennis Kerii day of john ,,_,2oi5 4/ . Erwin . . TENNEY 6/ JUDGE OF DISTRICT COURT Subscribed and sworn to before me this COPIES T0: COURT PROSATTY - PEACE OFFICER