APPLICATION COURT I I it .. ri" STATE OF MINNESOTA, COUNTY OF i 5 STATE ormuueso?m caunw" or: Ibik??hi?hfziz?' p?'caiian to prob?erty and it-h?ihg?s Hagan WARRANT AND 1 '7 . . dalyiswmri? upOn oath. hereby makes ap- Jafrra'?iif my rtp?r?r?ises} hereinaher describad, to: the any 1' "?i??davit. a'ndthe??stater?ents herein are tru?fo! his mam knows (36a Ennis applicatibaaha?s-qis- 3? a :?on and be?e?f,? gag-gs to those, he believes tfj??em to a to as?arefhbreih?siatd?iidniinib_ 4 A?i?mf has 1m ?arm-3T; 1% a: 3 (it Hwy? 22133 Aw 1,3535%: TEN: =?ifiiw~m 2 Why; x; 31.1mm a: a . .I Winn-v- 1a? a 31?. 5: [$4,241 Mr; ?Via; Mush: 4 ?5 WE .8?va Jahng Ni}; 5* the g-a WW "WE?F?-htii -, . -- 13?Rf-Er '1 fang; fitt?i {ztr?iw9 - - ms. mi WE: 3W 1.531%: uni!" kg?? . . 1 wig "if, I 9? 1 ail 1539;.23; in?ixiirgf ?ww @?imgg 2 . kmijwir A . "3 *?m?rm s, Wi3iit-iu- mi? rig??i?l??i?t? Enc?mgtiriEmmi, I emf-3a hm .., .r ., A ruff mil} Mtg}: . "a w: my: 31?. ?a?tigw?? I L, I Mi} *ii?if?t-?In?? M15: mat-ism;4mm; (.1. 15mm.- I, I My?; im~ 19mm mask-re pf MinnesOta. 7 _l - This afhamsfappiies, grounds: anapph?cable paragraph! .13.: sirhe-upr?? I I I ch? pzoperty .asriag'; means ?le?n I :elEthas been car?mijt-Itjgd. Or . COURT WHITE COPY IF PROS. ATTY. YELLOW COPY 6' PEACE OFFICER - PJNK COPY REPRINTEO 64-79 . Ur. . .. a! The facts tending to establish the foregoing groun?is for 9195170: mucmmw 1-2 issuance of a search warrant are as follows: . . i. '1 611%5 M. a. j; 3541- i't't ?1 {Te 5:5 1 vein {131; in! It'llfog; (3w? Eu." .3, isLL13 2" if: us"; 7 r. 2- La e? ,3nw:3?1 is!? mamLian?nd, 3 (*{311 NET: 31:1: mm 132 {53'1- 5. ?101," Fifi-7:" ?2 a; Li: m? Li. hiss yr. i m, rm} .E?mw-w inmimg 5.354.511 Lidrc'igl 1: darugazy 1%?43 r. ?03.51: imam v- {any Manama-x} $1515., m: haw wahoimgx' Lem; in?n. um VQ?i-szr Jif?i?vz't??t?. in. H3. qt; thimfft Wig .wm; a. mi 13?s? . if? w; M: sin-j .1227 ad mam}? rmim fii?s'a ?ix-?WM ?91143; H?s: \s-E-Mc?ih; 53:: m: Hawks {ma-{mi - ?Mm 41:? my?: tam sn-nvuizkm?s?at 1 am; his}. Kris-?5 $2.3m mm Liza; mm;- x" was Mm f?c'uggr (?aw .z?rmxwi iion&;gm' pm: - (Lia Lm; mm m. Hun Liar Wm; a; mm Manama? i-L gram-limo 3am: gm o?s?ga?-?trfir. ?madam-31'airway mi m: the? Ms; vim-?op lugma?mb. aim Um {i?tv?x?i ??an-ui H32. Mama! meow; mm mm Iii-mm straw-rm am is? Manna? Him: mamy?xal "if; (ragtime 31mg .mmim?; wr- immi l. whim? Em; Kism- {m Wm whim t?w- mg" mm}: {Mim??z?f?w?i - 137? mm}: WW f3?? WWEJ ?53 'i hm. own-tr: 5mg. ta: mm. ?rms: mom?. of ?it; 7- lzf?li?? ifEMWMQ 3mm at. m: $12.45: 2* :Es?w?ww ?lm Mme ma? 4mm gram? .413. {3:3 cwv'whgm 553- .iome' wix?g? mm' with (it; ?o new; mogmm mm to Visa:- m?wg and Um ?339.16 S?wi?gh :gy-Q'Wmvm? the? Ho" mm? was: .5, mite mom, m1}; wig-him: {apmwm??gusting-y- $3133.. mmw?m - m-?me: amt sm?r?n ?Wm- ;m My? {3:52 ?not ?g'iiws' wit; mt?:wa shim mag-m. mew: mm "aimr?savm :tez?mia?h tam? fiz?iwrix" ah K??i??hg Mm: we: a, Moria?, gm axbwairwrir mm mm zggfiwr mm :wzazegs-X?i?xg 2333?; 1521?153?y pkg-u trauma?; "211:1. a: mu 'br?z? {gm-3m mm ism'mm winging}; Hakim; Mama 3%;ij lab-"165 isThe? 4% 15m? 1mm; Mimi-ah {Mar 131{?ght trim-?5! Mayors-o MN {155? now? Emit km? anon foal-93:19 [15.33 ?13.15:? 7- M979. 3: f, x, 3.51%? $1134? ?ij?niqizfm WE fig?? 3 U, mm aw? km um: iarnaag?-o in? Mm rm. {1:1 mm: . ?waiizife:Wigwam? Wm: 311?; amt, Quiz? ,mea- mi? @3335? gag?? ismt'mgamma; 733"}; Nt-s?ji?xi s? I MN so}. if." Li?i {?ltw??tf?q?r ?rm mm immi- .ms?rgviuwicxt mavm Hernia) 3 Eiumm in? 14:13 *?i?sui noun: .525} mam hie?. 3m gram p34 4:521:- {Ma 7:62 33?? m: row Waugh. Mai: Hf w; Mi C?th? a? {1c vim-arm .9. .1 . . in ($167.1? i hi" I A. "a {'51 (Lima-:4 :?iumwmt. {7x mm hirsute I {ma ., .91, z' rw.? c: .. H. i?ff'i Live3.Magi .{bi-l 4i?) A 'Jx335-3) - COURT - WHITE COPY PROS, ATTY. YELLOW COPY Iv PEACE OFFICER PINK COPY hops/CM APPLICATION l~2A lowering his pants and underwear to his ankles and exposing his genital area. The driver lowered his pants to his ankles, also exposing his genital area. The driver The driver began touching J3, feeling JS's penis with his hand. instructed JS to touch the driver's genital area, which J8 did. The driver then placed Js's penis into his mouth and began to suck on it. After some time, the driver instructed JS to suck on the driver's penis. JS complied, placing the driver's penis inside his mouth. JS noted that the driVer's penis was hard at this time. During the time when he was performing this sexual act, JS wiped his mouth on his 'Ih-shirt several times. The driver instructed JS complied and the JS to kneel on his hands and knees and spread his legs. driver attempted to insert his penis int-o Js's rectum. JS struggled and the driver was unable to effect entranced. The driver stated, give up". JS stated that the driver then returned to the driver's seat, instructing J8 stonewashed jeans, size Regular to give the driver Js's pants, which were Le The driver took JS's pants and underwear 14, and underwear, size 12 or 14. into the front seat and permitted as to put on his snowmobile suit. The driver then drove JS back toward Cold Spring. While driving, the driver asked JS whether he had any money. JS stated that he did not, and he observed the driver check his pants for money or a wallet. The driver mentioned that he had an appointment at the Red Carpet and that he didn't want to be late. The driver dropped JS off near the City of Cold Spring, instructing 38 to roll around in the snow in order to wipe his snowmobile suit off. Before permit- ting JS to put the snowmobile suit back on, the driver had wiped the suit with a cloth or mitten. 7 JS that the driver had a gun. he he dropped JS off, the driver stated that Js could tell what happened, but if the police got a lead on the driver, the driVer would "get after school and kill On January 17, 1.989, Detective Pearce displayed to JS a- photographic line-nip consisting of six photographs of males with similar builds and characteris? tics. Upon viewing the photographic line-up, J5 indicated that the picture of Danny James Heinrich and another picture of another male somewhat resembled the person who sexually assaulted him on January 13, 1989. On January 17, 1989, Detective Pearce proceeded to the Willmar National Guard Armory and was informed by Guard personnel that Danny James Heinrich was then a member of the Willmar National Guard and that the Guard did not have any meetings the weekend of January 13, 1989. On January 25, 1990, Deputy Winkels received documents from which he learned that on Mar-ch 15, 1.989, a 1987 Mercury Topaz, 4-do'or, automatic transmission, blue interior, blue exterior, vehicle identifcation number previously purchased by Dan James Heinrich, DOB 03-21-63, 3?562-135? 367~229, was repossessed. From a current vehicle registration check on the Mercury vehicle, Deputy Winkels contacted the current owner of the vehicle and arrangements were made to have the vehicle driven to St. Cloud. On January 16, 1990, in Deputy Winkels' presence JS sat in and examined the Mercury vehicle and told Deputy Winkels that on a scale of 1 to 10 the Mercury vehicle was an 8 or 9 (10 being most like) as similar to the vehicle in which he (35) was abducted. Affiant is aware that on October 22, 1989, the Stearns County Sheriff's Department received and began to investigate the report of an abduction which had happened that day in St. Joseph Township, Ste-ems County, Minnesota. At the beginning of the incident, the driver had informed . f?DP?end/i >5 APPLICATION 1?25 TN and AL, male juveniles whose names and other identifying information are Mom to your affiant, told Stearns County Sheriff '8 Department Detective Douglas Pearce that while they were present in the area of 29748?let Avenue, St. Joseph Township, Stearns county, Minnesota, at approximately 9:15 on October 22, 1989, they were in the company of Jacob Erwin wetterling, whose age is 11 years: TW and AL told Detective Pearce and other investigators that at said time and place they were approached by a male subject described as 5'9" to 5'10", weighing approximately 180 pounds, and wearing dark clothing, including a smooth nylon?type mask to cover his face: they reported that the subject had a handgun and ordered Tw and AL to leave, taking Jacob Wetterling by force. a who had been at the scene of the kidnapping he soil where the boys were accosted by the ied to the boys shoes and are presumably ire impressions were found and tire Affiant learned from investigator that shoe prints were found in kidnapper which could not be identif those of the kidnapper. Affiant also learned that near the show prints. Cast impressions were made of the shoe prin impressions. That Detective Pearce and other invedtigators were told by Jerry and Patty wetterling, parents of Jacob netterling, that at the time of the kidnapping Jacob Wetterling was wearing clothing items including a St. Cloud Hockey jacket with the name "Jacob" on the front and the badge of the St. Cloud Police on the rear, a Central Minnesota Youth Soccer Association t-shirt, red in color, with the.number "11% and last name "Wetterling" on the- sh twshirt, a pair of Nike tennis back, a pair of blue sweat pantS, a blue no chaos, white tube-socks, white boys brief, and a blaze orange runners~tmpe vest. Danny James Heinrich providEG his tennis shoes to FBI On January 15, 1990, Danny James Heinrich, On January 12, 1990, tires from his blue Special Agent Peter S. Cunningham. DOB 03?21?63, authorized peace officers to remove the rear Ford Hatchback Vehicle, bearing Minnesota license Affiant has been informed that Federal Bureau of Investigation (FBI) Labora? tory Examiner' David Attenberger examined the -shoe print impressions and compared them with the shoes of Danny James Heinrich, and concluded that the pattern of the Henrich shoes were the same pattern found at the Jacob wetterling crime scene. -Attenberger also examined the tire impressions and compared them with the tires of Danny James Heinrich, and concluded the tires are consistent with the tire impressions found at the Jacob Wetterling crime scene. ls that Winkels was reliably informed on January 15, 1990, by TH, a male juvanile whose age is 17 years and whose name and other identifying information is known to your affiant and contained in offense reports concerning this investigation, that Danny James Heinrich has been residing with him and Howard, his father, for approximately the last two months. TH stated that the residence is located at 16021 County Road 124, located in Paynesville Stearns County, Minnesota. Winkels informed your affiant that Winkels was personally present at the residence, which is more specifically desoribed as a one story residence, tan in color, with dark brown trim and with a two car attached garage. The house faces East and is located at the northwest corner of the intersection of Stearns county Road Affiant has learned from Deputy Winke (attach. an'd'id?ntify?addiripml sheetsf?a?reh w?ii?(?rst Lil?i??im 1m; mammal mm all! lad peace o'ffi'miah-qf the-Sag} (m the daytime busy), k; y, to search jag for the destribed pgop?rty sg-ifz?; custody until the same he fdgait with law? I . ?l . -v MfgfSubscribed and'swwn to before me this Cbuh day of am? 1 {no COURT - WHITE COPY 0 PROS. ATTY. - YELLOW COPY i PEACE OFFICER - PINK COPY Wyw?u?h 4) EARCH WARRANT - 2-1 I MINNESOTACOUNTY 0F COURT .ix .- J. ., '2 44.0. IL A, 3, ?In: 5431,12: mm with; 1.1sz aux-L Limiicrrabsz diam: ms; {Am-54,51 . r! .A, Lid (nudgxt Mm. I. has thisgav, 9n oaath, mags; appi-iga-?tigh gg' applying. f-d?r issuance offaasaarch war-ram to search the i-dngmigesmw?tii?i??h 3A, located in the iimi?hm oi county of STATE OF MINNESOTA for the fotlowing described prepertvarid things: (attach. and identify additional sheet if necessary) 1h WHE the appi?cat-ion and supporting affidavit MW . Way) (were) may presented and read by the Court, and being qu-y advised ,in the premisgs. NOW, E, the abI-epause exsis?ts for the issuance-of 'a search warrant ugun 5 The-prdpei?ti?bQ?U?-desc?ribed canstitutes evidence which tend .0r lends-1.0 that a pamcutar pears:an has committeda crime. - sto'shdw aycrime has been Commit-:96; The cow further ?nds that proabJ-e cause mists; yo; mug phat the above-described pmperw arid things (are) premses"w?t affin?wz Sammy THE PEACE ARE HEREBY (m we DAYTIME ONLY) ifv 1 TO SEARCH .me Haj. .- 7 FOR THE OPERTY AND THINGS, AND TO pamper-1w Amumwcs AND no RETAIN THEM IN CUSTODY SUBJECT TO coum ORDER AND Trim; I 5 ,3 xvi). ?My? coward r? JUDGE or . 'Kn?t;1?lnwr Datei?j??fii?, 19435.; COURT - COPY - PROS ATTY YELLOW COPY i PEACE PINK COPY - GOLD GOPY 'tciezi'PEACE MS) d-?X SEARCH WARRANT 2-1A A one story house, tan in color, with dark brown trim and with a two car attached garage, facing East and located at the northwest corner of the intersection of Stearns county Road #124 and cushing Road, having the fire number of 21P11 and having a 911 address of 16021 County Road i124; Paynea~ ville, Minnesota, oaid residence owned by Howard Heinrich: and located in Section 21 . SEARCH WANT 1. Jacob Erwin Wetterling, we 02?17-38. Cloud Hockey jacket: with 2.. Clothes of Jacob Wetterling which include a St. the name "Jawb' on the front and a badge of thelsotr. Cloua Police Department on the rear, blue sweat; pants, white high top "Nike" tennis shoes, blue mesh shirt, blaze orange vest, and red Central Minnesota Youth Soccer shirt with the nmuber ?11" and last name ?mtterli?ng' on the back, white tube socks, and white boys brief. 3. 8811691112. 1 4-. Paper-s and documents tending to show the whereabouts of nanny James Heinrich on or 13. 1989, aha on or about October '22, 1989, including can-celled checks: ore?it oatd receigte; etc. 5. Keys tending to Show. rental and owner-ship of garages, (storage lockers; safety deposit boxes, or other etoragei-?type facilities. 6. A walkie talkie or other homo-held radio device, bearing gray duck tape. Adult male clothing, including green camuflagie fatigue-s, black mili? 7. taxy-dtype boots, a brown baseball cap, and. 5: dark gray vest. 8.. A man's army?type-watch. 9. Boys clothing; including a pair of Lee stonewashed jeans, size Regular 14, and a pair of under-wean size 12 or 14-. to indicating passession of 10. Receipts, letters, bills. and other docwnen the premi??es. .. . INVENTORV AND RETURN 3COUNTY OF 1? a. I . COURT emcqted it gs wane-13:11; . I two-23V9: big-?Ev f??7.4L. awry $83; 1? n. ., . - 3x5. - . ?4 9?3. it ?3.5 I 3? 3' -r Tn:33. Ex 5 s' 5 f3, 33w amp;99mm; . a {51614th abo?ye copY'rof :tghe?wgrgapt. a reti??ib?f_ the?fn?rgti?erfvf?and $15.53 .9 . . I mung" (ream) gym?gyugg 59.519er of 5m! by! 99w; order pglgetg?ng a; to those, he beheng them to be true. A Mv admirij?ioi' - . - 5% "x coum . mm: gun a was ATTY. . szuow can - mm cor? - ?02?