MN - Jacob Wetterling, 11, St. Joseph, 22 Oct 1989 - #3

[Varvaros]

If it was DR who committed this crime, he must be a very disciplined (for lack of a better word) offender. To work year in and year out among the objects of your lust, showing absolutely no signs of aberrance, is remarkable. One would think that with his now POI status, if there was any inkling of impropriety in the past, it would have turned up by now. If he is the perp, then his life must be fastidiously compartmentalized. Perhaps this is the only crime he has ever committed, and he has attempted to live righteously ever since in a personal attempt at redemption. I do not believe he committed the Jared crime, as they would have matched his DNA to the DNA recovered in that crime.

 

[Lotus]

If it was DR who committed this crime, he must be a very disciplined (for lack of a better word) offender. To work year in and year out among the objects of your lust, showing absolutely no signs of aberrance, is remarkable. One would think that with his now POI status, if there was any inkling of impropriety in the past, it would have turned up by now. If he is the perp, then his life must be fastidiously compartmentalized. Perhaps this is the only crime he has ever committed, and he has attempted to live righteously ever since in a personal attempt at redemption. I do not believe he committed the Jared crime, as they would have matched his DNA to the DNA recovered in that crime.

Dr's DNA could have been a match but I think there is a statute of limitations that would have saved him from prosecution... as far as DR never getting caught for committing any other crime who knows, he could just be very lucky in not getting caught or maybe he has some kind of mental off switch when it comes to those kind of urges, I don't know, it's a strange psychology (that's if DR is even guilty).

 

[kemo]

Dr's DNA could have been a match but I think there is a statute of limitations that would have saved him from prosecution... as far as DR never getting caught for committing any other crime who knows, he could just be very lucky in not getting caught or maybe he has some kind of mental off switch when it comes to those kind of urges, I don't know, it's a strange psychology (that's if DR is even guilty).

Per §628.26(e): (Minnasota Penal Code)
Indictments may be found or filed at any time after the commission of the offense, if physical evidence is collected and preserved that is capable of being tested for its DNA characteristics. If this evidence is not collected and preserved and the victim was 18 years old or older at the time of the offense, the prosecution must be commenced w/in nine (9) years.

This means that there would be no statute of limitations on the Cold Spring case. If there was a DNA match, DR would have been arrested 5 years ago. The conclusion is obvious: there was no match.

 

[margaret_diane]

Per §628.26(e): (Minnasota Penal Code)
Indictments may be found or filed at any time after the commission of the offense, if physical evidence is collected and preserved that is capable of being tested for its DNA characteristics. If this evidence is not collected and preserved and the victim was 18 years old or older at the time of the offense, the prosecution must be commenced w/in nine (9) years.

This means that there would be no statute of limitations on the Cold Spring case. If there was a DNA match, DR would have been arrested 5 years ago. The conclusion is obvious: there was no match.

Does anyone happen to know when this law (cited above) was enacted?

 

[kemo]

Does anyone happen to know when this law (cited above) was enacted?

Per:

INFORMATION BRIEF
Minnesota House of Representatives
Research Department​

600 State Office Building
St. Paul, MN 55155​

http://www.house.leg.state.mn.us/hrd/pubs/statlmt.pdf

2000–Elimination of limitations period for crimes resulting in the death of the victim,
kidnapping, and criminal sexual conduct cases where DNA evidence exists.​

​

The 2000
Legislature eliminated the statute of limitations for any crime resulting in the death of the victim
and for kidnapping. Prior to this change, the only crime that did not have a statute of limitations
was murder. The legislature also eliminated the statute of limitations for first- through thirddegree
criminal sexual conduct offenses if physical evidence is collected and preserved that is
capable of being tested for its DNA characteristics. The legislature retained the existing
limitations periods for criminal sexual conduct offenses in which such evidence is not collected
and preserved.32

It looks like 2000, anyone know otherwise?​

 

[human]

Therein lies the problem. When a law is enacted, whatever falls before it is under the old statutes.

Laws cannot go retroactive. Sex offenders must register, but if they offended before the registration law was enacted, they are not on any list unless they re offend after the law was passed.

So, the kidnapping would fall under the old statutes, whatever they are. If there was a statute of limitations, which there must have been as this new law was made in 2000, then I guess it's over for the Cold spring case.

 

[margaret_diane]

Therein lies the problem. When a law is enacted, whatever falls before it is under the old statutes.

Laws cannot go retroactive. Sex offenders must register, but if they offended before the registration law was enacted, they are not on any list unless they re offend after the law was passed.

So, the kidnapping would fall under the old statutes, whatever they are. If there was a statute of limitations, which there must have been as this new law was made in 2000, then I guess it's over for the Cold spring case.

And this is the point I was about to make as well. If a prior law existed which imposed a statute of limitation in the Cold Spring case, then it would not have mattered WHAT they found if the statute had already run out!

It seems to me that they began to really look more closely at DR as of 2004 (which I believe is when he submitted to hypnosis and DNA) -- but one wonders WHY?

I think 2004 is when the man who had heard the commotion on the police scanner showed up at the scene before LE came forward to give his name and other pertinent info. Prior to that, though he had spoken with LE at the scene, they had not asked his name or other info, and he drove away without ever having given it. In 2004 I believe this man came forward and provided his details, which helped LE to rule out someone driving away with Jacob at the time, and caused them to really zero in more on DR.

I thought I read somewhere toot hat around 2004 is when Jared became more involved in helping the Wetterling family -- I'll look for a link to back this up, and I'll delete this part later if I'm mistaken, but I'm pretty sure thats what I read somewhere.

These would certainly help to cause LE to lean more on DR as a POI in my view.

 

[kemo]

I've done some further research and I now believe that the statute of limitations would have expired on the Cold Spring case because it would have expired before 2000, the year the change took effect. Still, we must consider the issue of Cold Springs since the cases were similar enough that juors would have to consider the possibility/probability that they were committed by the same perp.. If DR's DNA was a match for Cold Spring, it would be very significant evidence against him in the Wetterling case. Conversly, a "no match" would be considered "exhonerating" evidence.

Except for DR's claim that he gave a DNA sample, we have no idea if there is any DNA evidence or if there is a match. At this time, DR, since he hasn't been charged, has no right to "discovery" ie, he can't force the PD to release any information. LE, on the other hand, can release (or leak") anything they want. The decision to release (or not release) certain information depends on the policy of the LE agency and the circumstances of the case. The local media is free to report or disclose any information they have but they usually cooperate with LE in these matters.

If real evidence against DR is found and he is prosecuted or the case is otherwise "solved"; great. If nothing is found (and its been 10 weeks so far) there is the "cloud" of suspicion that will hang over DR. Just read some of the comments in the local paper web sites and you know that many in the community believe he is a child murderer.

What happens now?

 

[westerncolorado]

Does anyone know how long it will be until the results are in from the latest investigation? I mean when they took away ashes and dirt to be analyzed?

 

[Trino]

Does anyone know how long it will be until the results are in from the latest investigation? I mean when they took away ashes and dirt to be analyzed?

If there's the possibility of egg on the faces of LE, my guess is that there will be nothing but silence.

Sunday's Star Tribune had an article about the sheriff in the case, but it was listed under Premium service, requiring a subscription, which I'm not about to underwrite. Today the article seems to have disappeared entirely. Has anyone read the article?

 

[Jbrown324320]

I read the article. It was mostly about the Stearns County Sheriff himself- who he is, his background, what he is like as a person. They nicknamed him "Jacob's Sheriff". I think he should not be given the privledge of that nickname. Stearns County didn't effectively get a good investigation going when he first vanished, didn't interview everyone that should have been as thoroughly as they should have. It just said that the results of the search would be coming soon.
They didn't say why they initiated the search, no new information, nothing. Just seemed like a bogus article to me.

 

[Trino]

A local blog said if nothing was found, most likely LE would insist they needed to do a more thorough search of the property and would continue searches as long as possible. I pretty much agree with this line of thinking.

 

[tarmancer]

I've been getting up to speed on this case and I am concerned that DR is really getting a RAW DEAL. The principle "evidence" against him is that he lived very close to where the crime occured. I suspect that they are "focusing" on him because they have nowhere else to look.

From what I can tell, the original theory of the crime was that some saw the kids, followed them and passed them on 91st and the laid and waited in DR's driveway. There was a report of a car seen in that driveway soon after the abduction.

It was also assumed that the Cold Springs abduction was by the same person since there were many similarities. (since they had "biological evidence" and a good description of the perp, I am assuming that DR was "ruled out" of this one)

in 2003, the "mystery driver" came forward and said that he heard about the crime on a police scanner and went to the scene before anyone got there. He parked in the driveway for a few minutes and left before any LE got there. Apparently this guy was credible. Based on this, they began to rethink the crime and somehow came up with the "no car" theory. If the perp had no car, he must have taken Jacob somewhere very close; and DR's house and outbuilding were the only structures that close.

What I don't understand is why the "mystery driver" makes that much difference. The perp could have left before he arrived. The "no car" theory also requires that someone (presumably DR) to to be waiting at the end on his driveway with his gun and mask on the off chance that some kid would walk by at that time of night. I don't see how he could have noticed them from the farm house since the view would be blocked by trees.

DR could have been out in the yard doing something and seen the 3 boys pass to go to Tom Thumb then knowing they would be passing back thru again he could have gotten the "mask" (which I read was a black stocking or pantyhose) and gun from the house and laid in wait in the wooded area by his driveway. No problem there IMO.

 

[Trino]

DR could have been out in the yard doing something and seen the 3 boys pass to go to Tom Thumb then knowing they would be passing back thru again he could have gotten the "mask" (which I read was a black stocking or pantyhose) and gun from the house and laid in wait in the wooded area by his driveway. No problem there IMO.

The property where DR lives does not have a "yard." It's a farm with a long, curvy drive to the house.

Why would DR know the boys would return? Why wouldn't he just think they were out for a bike ride?

 

[Jbrown324320]

I read that dr is their neighbor and could have known that Jacob goes to town to get movies once in a while. He probably knew that 3 younger boys would most likely only be out on a short bikeride since it was later and starting to get dark. I wonder if he stood on his property if you could see the Wetterling's driveway and the kids riding their bikes.

 

[Jbrown324320]

the Star Tribune article about the Sheriff is now viewable without paying a premium. It says that the results of the search will be available any day now.

http://www.startribune.com/local/10...qyP4O:DW3ckUiD3aPc:_Yyc:aULPQL7PQLanchO7DiUsX

 

[concentric]

I was doing some research on other cases involving kidnapping, sexual abuse, teachers, students etc. and ran across this absolutely horrific case. Like I said on the Joshua Guimond thread, I like to contrast and compare cases.

http://factoidz.com/albert-fentress-the-murderous-cannibal-teacher-from-poughkeepsie-new-york/

 

[concentric]

In the Fenstress case, there had been other victims of this monster who lived. Especially back then, it was extremely difficult for victims to report this kind of thing for many reasons.

On that note, I wonder if another victim of the abductor of Jacob has been able to provide LE with any clues.

 

[human]

The property where DR lives does not have a "yard." It's a farm with a long, curvy drive to the house.

Why would DR know the boys would return? Why wouldn't he just think they were out for a bike ride?

Bike ride to where? One way and then they disappear into hyper space?

In the country, sound travels a long ways. He could have heard a lot of things that they were saying for quite a long time if he was outside.

 

[Trino]

Bike ride to where? One way and then they disappear into hyper space?

In the country, sound travels a long ways. He could have heard a lot of things that they were saying for quite a long time if he was outside.

If I correctly recall, DR "knew of" the Wetterlings, although not well enough to know the Wetterling children or their ages. You're correct in that anyone hiding may have overheard their conversation, but why would DR know for certain they were returning. Maybe they were riding to meet a parent down the road, which my kids have done. Bike trips are not always two ways.

DR has a unique very low voice. It would seem the boys would have recognized DR's voice, his stature, his height. The picture profile, too, is of a man who would have been much older, heavier than DR.