STATE OF SOUTH DAKOTA IN CIRCUIT COURT :55 SECOND CIRCUIT COUNTY OF MINNEHAHA STATE OF SOUTH DAKOTA AFFIDAVIT IN SUPPORT vs. OF AP PLICATON FOR ARREST WARRANT @124" ((137 Bentaas. Theresa Rose DO Defendant l, Patrick Mertes, being first duly sworn on oath, deposes and states that he is a Detective of the Sioux Falls Police Department and states that he is one of the officers in charge of the investigation of the above-styled matter. That your Amant makes this Affidavit in support of the State's Attorney's request for a warrant tor the arrest at the abovenamed Defendant(s), and in compliance with SDCL 23A-2--2, and states as follows: 1. 0n 2-25-1931 Officers of the Sioux Falls Police Department responded to a call at a baby laying in the ditch in the area of what is now Sycamore Avenue. approximately one half mile south of 26'h Street. This area was within the city llmits of Sioux Falls, but was a hard surface road bordered by ditches. Sioux Falls Polioe Department case number 1981-5609 was generated for this call. Officers located the body of a newborn baby boy laying on two blankets. The baby is believed to have been born on 02-27-1981. The newborn had the placenta still attached, and laying next to the baby was a pair oi women's panties, a shirt, and Kleenex type material all with blood on them, Also located on the baby's legs were what appeared to be long dark hairs. The baby was deceased. .gThe baby?s. body was taken to the morgue-where an autopsy was done on 3? -2-.1981; Drii?Richard Schultz and Dr. Brad Randall determined that the baby . was born alive and was breathing during that time. They determined that-the - cause of death was most likely exposure and failure to assist the baby' In maintaining an airway. .. Detectives-at that time interviewed a citizen who advised they observed'the "blankets there the day before 2-27~1981 and one Witness described a light- colored Datsun style vehicle parked in the area with a woman ?5 legs hanging out and some blankets on the ground at that time. . Detectives followed numerous leads in 1981 but could not find the mother or any family members of this infant. Eventually the tips and information ran out and the investigation went ?cold?. . in the Spring of 2009 DeteCtive Mike Webb openedlthe case in the hopes of obtaining DNA evidence for testing as that technology did not exist in 1981. it was learned that all of the testable evidence had been destroyed in 1995. . Detective-Mike Webb has had experience and training in DNA through basic . and advanced homicide schools as well as cold case investigation. Through this training, Detective Mike Webb had learned that DNA can be extracted from the bones and tissue of the body. . Detective Mike Webb researched labs that did this testing in 2009 and found the North Texas University Science Center, who was part of the National Institute ofJustice, was involved in a grant that tested human remains for . DNA. 'They are able to take samplesfromthe boneand develop a DNA profile for Comparison purposes. The lab personnel advised that the I exhumation of the baby? 3 body would be necessary. perform this exam; -_.After research DetectIve Mike Webb found the baby 5 body to be buried in Saint Michael?s Cemetery, 3001 North ClIff Avenue Minnehaha County .. . Falls, Detective Mike Webb spoke employees of. George Boom =~Funeral Home Who handled the body and funeral In 1981. It should be neted at that tlme the church did name the Baby "Andrew" John Doe with a I I of death of 2- 28-: 1981' and he re- interred. In section. 4 baby area at- the cemetery.? . . - 10." On_-8-11-2009 Detective Mike Webb did presents Fact of Findings, Conclusions of? Law and. Order to Issue a Disinterment Permit to Circuit Court . Judge Patricia Riepel who signed this order. The proper paperwork was approved by the State Department'of Health and'the Minnehaha County Commission. The baby was disinterred en 9-3-2009 and the appropriate 11. - remains were transported to the UNT lab in Texas. A DNA profile was obtained after extensive examination and the baby?s body was reinterred on 6-16-2010. The DNA profile was forwarded to the South Dakota Forensics Lab. - This DNA profile was approved by the South Dakota Attorney General's -. office and the South Dakota State Lab for comparison with profiles in the South. Dakota DNA database. No matches occurred from this comparison. Per policy,'this sample is able to be 'run' again at one year increments, and the last comparison was completed again in February 2018. There were again no matches inthe South Dakota database. 12.: Recent technology has been developed through genealogy and DNA profiles - that have been successful in solving cold cases aeross the country. The Sioux Falls Police Department submitted the DNA sample taken from the baby 5 body to Parabon NanoLabs lnc. Parabon completed a Snapshot Genetic Genealogy of Baby Doe. ..13 On 1 -24- 2019 Parabon Completed a Genetic Genealogy Report Parabon --f0und two poSsible genetic familial matches using GEDMatch. com. i com is an open 'source website Where participants upload genetic profiles that are deed for genealoglcal research by amateur and professmnal researchers Parabon found the 1St match showed a link between the baby the donor #1 matching between sixth to seventh degree relatlonshIp 2nd match Parabon showed 'a genetic link between the baby and the #2 matching between Sixth to eIghth degree 1?4. Parabon advised that dimer #1 was adopted b?ut believed his bIologIcal motherwas Pamela A Josten (deceased). Parabon advised Baby Doe was a descendant from Mathis Krantz (deceased) and Lucia Brech (deceased) or possibly a descendant of Lucia's parents based on a limited genealogical family tree completed on donor Due to the limited genetic information Pambon could not confirm if donor #1 and donor#2 were related to Baby Doe's mother or tether. 15.Your Aflianl utilized Ancestry.com, findagraveoom, and numerous other public domain research websites, Your Atfiant constructed a family tree after discovering the parents of Lucia Brech. Your Afllant established from the union of Johann Brech (1818--1898) and Elizabeth Guy (1822-1890) that they had eight children. Your Affiant discovered that Johanna Brech and Elizabeth Guy is the Great Great Grand Parent of Paulette Brech DOB 05/09" 940. 16,Your Afliant built a family tree for Pamela A Joeten. Your Affiant discovered that Pamela was a Jesten through marriage to Arnold Josten. YourAffiant discovered that Arnold Josten is 1ll cousins with William Josten. 17,Your Affiant discovered a marriage belweenPaulette Brech and William Josten on 0143--1960. Your Affient believes this to be the genetic link between Donor #1 and Donor 18.Your Atfiant discovered three living children from Paulette and William. One of the was identified as Theresa R. Josten DOE-- Theresa married Dirk Bentaas DOB _in August 1987. Your Aitiant checked Sioux Falls Geographic lnfomtation System (GIS) property owner list which showed them owning _South Saguaro Avenue. Sioux Falls, Minnehaha County. South Dakota. 19. YourAi'fiant drove lay-South Saguaro Avenue on 244019. Your Attiant observed two sets of tire tracks in the snow indicating two vehicles are at the residence. Your Affiant believes this is consistent with two people living at the residence. 'Your Affiarrt conducted a "trash'pull' on 2-11-2019. YourAffiant located numerous beer and water containers and used cigarette butts, these items were seized as evidence. Your Afiiant located the wrapping for a package addressed to Theresa Bentaas. Numerous items were sent to the South Dakota Forensic Lab DNA testing. .20. YourAffiant-discoveredTheresa and. Dirk havetwo elders 5e enj - Through research it appears. that both children no longer . I 1 live in the house, but the son lives. in. Sioux Falls. 21.0n 2715-2019 Your Afliant received the SDFL'report from the'items sent for testing. The report stated that female DNAwas locatedon a waterbottle, Coors -'Light'can and cigarette butts. The reportstated the female DNA could - not be excluded as being from the biolog ical,_ mother of Baby Doe. The report statedthat male DNA was located on a water bottle. .The report stated the male DNA could not be exclude asbeing thebiological father of Bab'ijoe. The report stated a 2nd male DNA was located on a Samuel Adams Cold Snap bottle is consistent with being from the same paternal lineage (brother to Baby Doe). 2-2..On 02-27-2019, veur Affiant interviewed Bentaas, Dirk; During the interview, Bentaas admitted'the defendant had a bump and then no bump around the time the Victim was found. Bentaas admitted to hearing about the Victim being f0und but did not believe the defendant was capable of doing such an act. A buccal swab was collected from Bentaas 23-. On 2?27?2019 Detective Mike Webb spoke with tha defendant at her residence. She agreed to speak about this incident and it was eXplained to . herithatwe were going to discuss what happened in. 198-1. The defendant stated she was "young and stupid?. The defendant admitted to being pregnant in 1980- 1931 and hid the pregnancy from'family and friends. The defendant stated she had the child' In her apartment alone then drove the - 1' baby to the place where he was later discovered The: defendant stated the sheets and blankets must have been from her apartment and the baby was; on the passenger seat while she drove to the . edge of town When asked why she picked that partIcular spot she said . . She stated she thought the baby W35 31811119 1010')? and was - moving on the passenger seat but she couldn?t: remember. for Sure. 2-5 When asked what she vvas thInkIng when she drove away? from that ditch she; I 1 stated she was sasscareds and. sheran'romltand itwasnot smart. She. - awasaskede ifshe saw this on the news after the baby was discovered and she .. . - said she 'did ?and'th'at she?Was in denial'that ehe'was the one responsible for that When asked if she thinks about it when she drives by the area now she - stated "of course'. 26 On 03- 04?201 9 Your Affiant received the results from the buccal swab samples of the defendant and Bentaas, Dirk. The results showed that the defendant and Bentaas, Dirk are 18.2 T'rillion'times more likely to have the same genetic-results with Baby ?Andrew? John Doe than an unrelated person inthe general population. The report states there is an extremely strong evidence- to support biological relationship betv'veen the defendant, Bentaas, Dirk and Baby ?Andrew? JOhn Doe. of these events occurred in Sioux Falls, Minnehaha County, South Dakota. ft! VIM Patrick J. Mertes Subscribed and sworn before me this I day of 2019. '4 :2 Angela McVay 1: sourH DAKOTA .r . commiulon Expires Phil! -