Appeals court affirms tossing girl's interviews in William Wanner case

The state Court of Appeals backed a Hennepin County judge's decision to toss out two interviews police conducted with a 10-year-old girl who was allegedly molested by Wayzata businessman William Wanner in the Minneapolis Club pool nearly two years ago.

The decision released Tuesday upholds a 2010 ruling by Judge Beryl Nord that Minneapolis police Sgt. Bernard Martinson asked leading questions, "badgered" the girl and didn't wait for responses when he questioned her during two interviews. It also potentially clears the way for trial unless prosecutors intend to appeal the decision to the state Supreme Court.

David Brown, senior attorney in charge of appeals for the Hennepin County Attorney, said the office has 30 days to decide whether it will appeal. In the meantime, the case remains on hold.

The dismissal leaves only one interview with a social worker at CornerHouse, a nonprofit child-abuse evaluation center, in which the girl denies Wanner sexually abused her, but said he may have accidentally touched her private parts during a game where he would hide her goggles in her swimsuit and search for them.

Wanner was charged with two counts of second-degree criminal sexual conduct and is free on $500,000 bail. He was charged after a witness saw him allegedly touching the girl inappropriately in the pool on Dec. 27, 2009.

His attorney, Joe Friedberg, praised the order, which said that admitting the interviews with the officer would also violate Wanner's right to confront witnesses against him.

"This Court of Appeals decision is affirmation of the fact that no court in the state of Minnesota will countenance the overbearing, child-abusing interrogation process employed by Sergeant Martinson in his attempt to coerce defenseless children into alleging sexual misconduct against innocent people," Friedberg said.

"He is one of the most experienced and well-respected investigators in this area, in the state and in the nation," Brown said. "We obviously disagree with the decision of the Court of Appeals, but our job is to ensure that justice is done, and we will do that at every step."

District Judge Frank Magill ordered last March that video from a hot tub at the Minneapolis Club will be allowed at trial. He ordered that although not perfect, the footage can be considered accurate and admissible as evidence.