Legal challenge over reporter's notes heads to Supreme Court

Last update: January 19, 2008 - 10:12 PM

MANKATO - Blue Earth County prosecutors are taking their dispute with the Free Press newspaper to the state Supreme Court, continuing to seek a reporter's unpublished notes from an interview with a man who committed suicide after shooting two police officers.

Last month, the Minnesota Court of Appeals overturned a district judge's ruling that the Mankato newspaper had to turn over the notes.

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

The dispute stems from a Dec. 23, 2006, incident at the Amboy home of Jeff Skjervold, who shot and injured two police officers during a standoff before turning the gun on himself. Authorities sought notes the newspaper reporter took during a mid-standoff phone interview with Skjervold.

Mark Anfinson, attorney for the Free Press, said the appeal was ill-advised.

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

Prosecutors have argued that the case demands a thorough investigation of the newspaper's actions. They have cited a state statute declaring it a crime to interfere with official law enforcement actions.

Warehouse burns in subzero weather

BRECKENRIDGE, MINN. - Firefighters on Saturday battled a blaze at one of the main warehouses at the SunOpta sunflower processing plant just east of this city.

No one was hurt. The blaze started shortly before noon, and about 50 firefighters from Minnesota and North Dakota responded. They dealt with subzero temperatures as they tried to bring the fire under control, and also had to haul in water in five tanker trucks because there are no hydrants in the area.

Wahpeton, N.D., Fire Chief Dale Rubish said it was too dangerous to send firefighters into the large metal warehouse, so crews fought the fire from the outside. The fire was brought under control late Saturday afternoon.

Officials said no one was working in the building when the fire started. The warehouse contained bagged birdseed. SunOpta spokesman Richard Peterson said the building and its contents were destroyed.

The Minnesota state fire marshal's office will be investigating.

Self-styled police officer facing charges

NEW ULM, MINN. - He wanted to be a cop, but a Sleepy Eye man's decision to buy an old police car, equip it with emergency lights and stop fellow motorists only got him into trouble, police said.

Michael D. Diercks, 53, was charged last week in Brown County District Court with impersonating a police officer, authorities said.

The misdemeanor charge came after a New Ulm woman told authorities she was traveling on Hwy. 15 on Oct. 9 when a dark-colored SUV approached her from behind and flashed its headlights.

She told authorities the man, who was wearing a badge hanging around his neck on a chain, accused her of driving about 90 miles per hour and said she would spend the night in jail if she didn't slow down.

The Brown County Sheriff's Office received other reports of a suspicious person stopping women for supposed traffic violations.

Diercks did not return a message.

According to court documents, Diercks told authorities he had the right to stop people under the Federal Law Enforcement Security Act of 2004. He said a Department of Justice badge he wears around his neck is there because he is authorized to carry a firearm.

He also told investigators Sleepy Eye's former police chief had given him permission to add emergency lights to his vehicle and back up city officers -- a claim the chief denies.

Diercks' arraignment is set for Feb. 5 in Brown County District Court.

ASSOCIATED PRESS

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