ICE agent who drafted ‘false affidavit’ tied to dozens of cases
ICE agent’s ‘false affidavit’
A federal judge showed concern about sworn statements made by a federal immigration agent that is connected to several criminal cases during the ICE surge in the Twin Cities. FOX 9 Investigator Nathan O'Neal has more.
MINNEAPOLIS (FOX 9) - A federal judge raised concerns about sworn statements made by a federal immigration agent who is connected to dozens of criminal cases during Operation Metro Surge.
Assault of federal agent case dismissed
The backstory:
Prosecutors dropped criminal assault charges against Christina Rank earlier this week. The Department of Homeland Security initially accused Rank, who is an Inver Grove Heights paraprofessional, of causing a collision with the agent’s car in January.
In a sworn affidavit signed by HSI agent Richard Berger, the government accused Rank of assaulting the federal officer.
"When an officer executes an affidavit in connection with a prosecution, they’re going basically a step further and really swearing under oath to the truth of what it is they’re claiming," said University of Minnesota law professor Amy Sweasy.
In Rank’s case, the government eventually acknowledged that "after further review of the evidence and affidavit in support of the complaint, the government does not believe that probable cause for assault exists."
Agent Berger tied to dozens of Operation Metro Surge assault cases
By the numbers:
The FOX 9 Investigators found Berger signed sworn affidavits connected to at least 25 cases where the government accused people of assaulting federal officers in Minnesota.
RELATED: Charges for assaulting or impeding federal agents keep getting dismissed
In one case, Magistrate Judge David Schultz raised concerns about an apparent "false affidavit."
"It is without a doubt in the court’s mind that Mr. Berger does not, did not have any personal knowledge of the events described in the affidavits that he submitted to this court," Schultz said during a court proceeding in April.
What they're saying:
Sweasy said it is "extraordinary to have a federal judge from the bench raising those issues about the credibility of an officer."
The FOX 9 Investigators reached out to DHS for comment, but the agency has not responded to questions about Berger.
Of the 25 assault cases Berger provided sworn affidavits for, more than half of them have been dropped while the remaining are still pending in federal court.
"There’s enough information here that every one of these cases that the officer has been involved in should get a second look," Sweasy said. "May or may not have an impact on the outcome of the case, but I think you can assume that the lawyers will be looking at that."