The Free Press, Mankato, MN

Local News

January 19, 2008

Blue Earth County appeals Amboy reversal

County seeks supreme court review

By Robb Murray

Blue Earth County prosecutors have appealed the Amboy shooting case to the Supreme Court, saying the high court should examine the Free Press’ obstruction of the investigation and to bring a final resolution to the legal issues in the case.

Their appeal was filed Friday, just a few days before the 30-day deadline.

In their appeal prosecutors say, “A decision by the Supreme Court will clarify the application of the Minnesota Free Flow of Information Act. A decision would have statewide impact and, absent a solution by the Supreme Court, the issue will likely reoccur.”

Blue Earth County Attorney Ross Arneson said that although the Supreme Court takes very few of the cases asking for review, it may have good reason to take this one.

“Appellate cases on this particular statute are rare,” he said. “Because of that, the Supreme Court might take an interest.”

Free Press attorney Mark Anfinson said the appeal attempt seems ill-advised.

“I’m a little perplexed, I honestly am,” Anfinson said. “I just don’t see what this is meant to accomplish.”

The legal case hinges on prosecutors’ demand for unpublished information a Free Press reporter may have gathered during a mid-standoff phone call to Jeff Skjervold on Dec. 23, 2006, and whether authorities can show they’re legally entitled to it.

Two police officers were shot and injured in the standoff, which eventually ended with Skjervold taking his own life.

An appeals court decision last month reversed a Blue Earth County District Court decision that ordered The Free Press to hand over notes or recordings from the reporter’s conversation with Skjervold.

In its latest appeal, prosecutors say the appeals court erred when it ruled there was no “compelling and overriding interest which requires the disclosure of the information sought.”

Prosecutors say the case requires a thorough investigation of the newspaper’s actions. Citing state statute, they say it is a crime to interfere with official law enforcement actions.

“(The Free Press has) obstructed, and are obstructing, this investigation to the detriment of law enforcement, Skjervold’s family and the public at large.

“Withholding the information protects no one. Skjervold is dead. (The Free Press) cannot argue that they need to withhold the information to protect their source.”

The Free Press now has 20 days to file a response to the county’s request for discretionary review. After that, the Supreme Court typically rules within 30 days on whether it will take the case. If it does, the case could stretch out for months into the future.

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