U.S. Department of Justice

United States Attorney
District of Minnesota
600 United States Courthouse
300 South Fourth Street
Minneapolis, MN 55415

Telephone: (612) 664-5600
Fax: (612) 664-5787

August 29, 2016

Joint Agreement in the matter of: U.S. v. Danny James Heinrich
Cr. No. 15-340 (JRT/LIB)

This agreement is binding on the following parties:
The United States of America as represented by the United States Attorney's Office for the
District of Minnesota, represented by United States Attorney Andrew Luger and Assistants
United States Attorneys Julie E. Allyn and Steven L. Schleicher.
The State of Minnesota as represented by the Stearns County Attorney, Janelle Kendall.
The Defendant, Danny James Heinrich, as represented by Chief Federal Defender Katherian
Roe and Assistant Federal Defender Reggie Aligada.
This Agreement relates to a prosecution pending in the District of Minnesota, United States
v. Danny James Heinrich , criminal number 15-340, and potential prosecution of Danny
James Heinrich in Stearns County, State of Minnesota.
Subject to the terms, conditions and limitations contained herein, the parties agree as
follows: First, the Defendant's attorneys will provide to Assistant U.S. Attorneys Steven L.
Schleicher and Julie E. Allyn', a specific geographic- location ("site") within the District of
Minnesota, County of Stearns, for the purpose of conducting a search for evidence of the
abduction and murder of Jacob Wetterling, which includes but is not limited to, human
remains and clothing. Second, law enforcement authorities shall conduct a diligent search
of the site. Third, should this search result in the recovery of evidence, the defendant shall
provide an in-person proffer to law enforcement concerning the abduction and murder of
Jacob Wetterling, subject to the terms and conditions of a Proffer Agreement, and the parties

 shall enter into a Plea Agreement that in sum and substance consists of: a guilty plea to
receipt of child pornography; all parties agreeing upon and seeking a sentence of 240
months' imprisonment; the defendant's detailed factual admissions as to the abduction,
assault and murder of Jacob Wetterling, the abduction and molestation of J.S.; and, no
prosecution of the Jacob Wetterling abduction, sexual assault, or murder, by the Steams
County Attorney's Office or the State of Minnesota. Fourth, in the event there is no
recovery of evidence, the defendant shall be afforded the option to provide an in-person
proffer to law enforcement concerning the abduction and murder of Jacob Wetterling,
subject to the terms and conditions of a Proffer Agreement. If the defendant's proffer is .
deemed credible, the parties shall enter into the Plea Agreement as detailed above.
Terms and Limitations of this Agreement:
1.

Statements not admissible in any proceeding:
The parties recognize that the attorney proffer of location, any statements made in
furtherance of the recovery of evidence, and any proffer of information by the
defendant is made in furtherance of plea negotiations. Pursuant to Federal Rule of
Evidence 408 and 410, and by agreement of all the parties, all such statements made
by the defendant and/or his attorneys in furtherance of this agreement are not
admissible in any criminal or civil proceeding to include the prosecution's case-inchief, rebuttal case, cross-examination, any evidentiary hearing or at sentencing,
including the preparation of any Presentence Investigation Report. This condition
applies to all state and federal proceedings and potential proceedings.
Further, if there is , no executed plea agreement in this matter, no parties shall be
allowed to discuss, disclose, or otherwise use, the facts and circumstances of the
attempted plea negotiations.

2. Attorney/Client privilege:

All parties agree that the disclosure of site information by the defendant's attorneys
to investigators made in furtherance of this agreement shall not constitute a waiver of
attorney client privilege of any communication.
3. Right to Inspect Site and Preservation of Evidence:
The parties agree that the defendant shall have the right to be present at the site and
may view the government' s efforts to excavate and recover evidence. The
government agrees to use best efforts to fully video record and otherwise document
recovery efforts and to provide a copy of this recording to defense upon request.
2

 Andrew M. Luger
United States Attorney
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Stea s County Attorney

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Steven L. Schleicher
Assistant U.S. Attorney
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Julie E. Allyn
Assistant U.S. Attorney
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