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Michael Popak (1:00)
Where is the gun? Where is Alex Pretty gun? Which according to Border Patrol, was the impetus for him to be restrained and eventually shot. Where's the gun? Three new filings by the Department of Justice on behalf of Homeland Security, FBI and Border Patrol. When you read them, they are contradictory. They demonstrate a complete lack of respect for the crime scene that was not preserved and a trampling of the chain of custody with various offices not taking responsibility. And from what I can see, we have a missing gun. I don't know where it is. Based on the filings. And only two. Sorry. Only one out of the three sworn declarations looked the judge in the eye. Judge Tolstood and told him, don't worry, Judge, we're not deleting or altering any evidence in violation of your temporary restraining order. About the Alex Preddy crime scene, only one out of the three actually told the judge that. The rest, who knows. This all started when the Minnesota Bureau of Criminal Apprehension ran to the judge to ask for a temporary restraining order, which he granted them immediately to preserve the evidence collected by the feds so that the state investigators can get their hands on it to do their own investigation to see if state law was violated. State criminal law was violated by federal officers. Okay, so you'd think that the Department of Justice and the various Trump administration bureaus would take the position. Judge, you don't have to order us not to destroy evidence. We would Never destroy evidence. We'll sign whatever you write, Judge. Do a consent decree. We'll do an agreed order. No, they fought it. Yes. Sit down, everybody. The Department of Justice fought the federal judge in court today about whether he should extend his temporary restraining order, arguing he didn't have the power or the jurisdiction to order them not to delete and destroy evidence. Yes, you heard me right? Then I said, well, let's check out their declarations under oath. This is testimony to the judge and see if that solves it. Nope. What I picked up was three things we'll go over on this particular hot take on Midas Touch and Legal Afraid. One, the chain of custody has been completely destroyed by the various federal offices. Right. And so who was handling what and handed off to who, including the gun? The crime scene was left completely trampled on and not secured by the Feds for about 38 minutes. That's a problem. And only one of the three declarants told the judge, don't worry, Judge, we didn't delete anything or destroy it, and we won't in the future. That's bad. Let's start where it all began, with the first declaration filed in order by the government. Mark Zito. I'm like, okay, who are you? He says, I am the special agent in charge of Homeland Security's investigations, HSI St. Paul office. All right, and what do you do? Well, he says later in his filing that it is HSI that is responsible for as the lead investigator of the crime scene and of the evidence. He says in paragraph 11, HSI is the lead investigatory entity. He says HSI is leading the investigation into the shooting. Okay, so you must have the chain of custody pretty well under control. You must have secured the crime scene, and you must be willing to tell a federal judge that you're complying with his temporary restraining order. Right. And that you're not going to destroy or delete evidence. Right. Not so fast. So Zito says that they got a copy of the temporary Restraining Order on 25th January from their.1 of their officers. I'm like, okay, are you complying with it? No, doesn't say he's complying with it in paragraph six. Just says they got a copy of it. All right, at that, that opens up the door to more questions than it answers. He says he's aware of the shooting. Okay. He said, ICE officials were not involved in the shooting, but assisted in securing the scene. So now we already have a chain of custody problem and a crime scene control problem, because now you've got HSI and ICE showing up 38 minutes late. He says in paragraph nine, they showed up at 9:42am the shooting took place, according to the records, at 9:03 or 9:04am so for 38 minutes, this crime scene was just trampled on because they didn't think to preserve it after shooting ten times. Mr. Preddy. Okay, so then they say, after saying they're the lead investigative investigatory entity, they talk about the FBI's role. Paragraph 12. This is where the gun goes missing. The Federal Bureau of Investigation initially responded to the scene of the shooting to collect evidence. Why? Well, why didn't HSI show up to collect evidence? Okay. Including a mobile phone and a firearm belonging to the deceased. So the mobile phone and firearm are collected by the FBI according to Mr. Zito's representation. And then as of this filing, the mobile phone collected by the FBI was turned over to hsi. Where's the gun? Two things are collected by the FBI. One is turned over to the lead investigator. Chain of custody problem. Missing gun problem. Let's continue. The HCI will continue to collect evidence. They are trained because over his training never says before he signs the declaration that he's going to comply with the temporary restraining order and he's not going to destroy evidence. That special agent in charge. Okay, so then I said, let me go to the next declarant. Now we go to Jeffrey Egerton. What's he do? He works for Border Patrol. He's the executive director. Acting executive director. Everybody's an acting something in the Trump administration. Nobody wants the full time job. He's the acting executive director for the Investigative Operations Directorate of the. Of the Customs and Border Patrol. Okay. Talks about what he did as a patrol agent, what he's familiar with. I'm like, okay, this guy seems to be interesting. What else you got? So then he go. I said, well, let's get to the crime scene. He says they got a hold notice on January 25, but he didn't get the temporary restraining order about all personnel currently assigned to Operation Metro Surge to preserve information. Doesn't talk about the shooting. I said, okay.