Jailed former auto king Denny Hecker won't face prosecution for getting married by phone in February.
The Hopkins City Attorney and Eden Prairie police decided this week to drop the matter after launching an investigation into the nuptials by Hecker and Christi Rowan -- a ceremony in which only the bride was present.
Hopkins City Attorney Wynn Curtiss submitted a report to police Monday saying no laws had been broken. Hecker and Rowan are federal prisoners, serving respective 10-year and 14-month sentences for fraud.
Their marriage came under scrutiny because Hecker wasn't physically present; he was sitting in the Sherburne County jail while his bride and pastor were in the Lord of Life Lutheran Church in Maple Grove. The ceremony took place by speaker phone.
State law says a marriage is only legal when the parties get hitched "in the presence of each other," Curtiss said.
It is unclear if a phone-call wedding fills that requirement, Curtiss said, adding it's never been done in Minnesota and a judge would have to decide it was illegal. Unless that happens, there will be no criminal charges, he said.
Curtiss noted the law also forbids a pastor from performing a wedding he or she believes could be deemed illegal later.
In this case, Hecker's pastor, Peter Geisendorfer-Lindgren, told the Star Tribune and Curtiss that he sought legal advice before conducting the wedding and was told by attorneys that there would be no problem. He performed the ceremony in front of Rowan and two witnesses.
