The initials of alleged victims and witnesses, rather than their full names, are sufficient to support probable cause in criminal complaints, the Minnesota Court of Appeals ruled Tuesday.
The Ramsey County Attorney's office appealed a ruling March 23 by District Judge Margaret (Peg) Marrinan after she ruled that documents charging four individuals with felony crimes lacked probable cause because the complaints identified the alleged victims by initials rather than full names. Marrinan said that, because the cases were "not stated with particularity," the defendants were denied their constitutional right to due process.
The county attorney's office said, however, that initials are sufficient because the full names of the alleged victims and any witnesses are available to defendants "through the normal discovery process," the appeal said.
The Appeals Court addressed two issues: whether the district court's order was appealable and whether a victim of an alleged crime must be identified by name to establish probable cause.
The court said that because the lower court's order was based on a legal determination rather than a factual issue, it is able to be appealed. The court also said that Minnesota Rules of Criminal Procedure do not require the alleged victim be identified by name and, therefore, the lower court erred by concluding that the rules require including the alleged victims' names in the complaints.
The Appeals Court ordered that the cases involved in the appeal be returned to District Court to determine whether the information in the complaints is enough to establish probable cause.
PAT PHEIFER
