A Cass County judge will take the matter of how the body of 5-year-old Alayna Jeanne Ertl was discovered under advisement in a case when a Coon Rapids man faces murder, kidnapping, sexual assault and other charges.
An omnibus hearing Wednesday in Cass County District Court in Walker was for Zachary Todd Anderson, 26, Coon Rapids, who was indicted by a grand jury on 19 criminal counts in October 2016 for the death of the Watkins girl. An omnibus hearing in Minnesota is when additional evidence is discussed, when probable cause may be determined and pretrial challenges may be heard.
At the omnibus hearing, Judge Jana M. Austad considered whether the discovery of the body was inevitable, took the matter under advisement, and set a briefing schedule out for about a month, Cass County Attorney Christopher Strandlie, who is prosecuting the case, stated in an email.
Anderson's public defender, Scott Collins of Thief River Falls, filed a motion March 24 asking the judge to dismiss murder charges against Anderson, suppress evidence gathered during the investigation or move his trial to another county.
Since then, the judge ruled investigators improperly questioned Anderson, stating his first statement will be inadmissible at any future trial Anderson may face. Collins argued Anderson did not wish to provide a statement to investigators and he had not waived his rights to remain silent. After Anderson was read his Miranda rights, he said he didn't want to talk three times before telling investigators where they could find the girl's body.
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The case against Anderson began about 10 a.m. Aug. 20, 2016, when Meeker County Sheriff's Office received a report of a missing child. According to the criminal complaint, Anderson was at Alayna's house the night before and stayed overnight and when the girl's parents woke up Alayna and Anderson were gone, as well as their GMC Sierra truck.
Later that day, authorities tracked down Anderson and Alayna at Anderson's family's cabin in the Wilderness Park Homeowners Association in Motley.
Cass County sheriff's deputies, among other law enforcement officers, swept the area and found Anderson, who was in knee-deep water in a swampy area, the complaint stated. Anderson eventually told investigators where Alayna was hidden and officers found the girl's deceased, naked body completely submerged in the water and hidden under some brush and other debris, the complaint stated.
On June 29, Strandlie filed a document with the court listing the witnesses in the case, the recorded statements and investigation reports. In the document, Strandlie stated, "The state intends to use the defendant's prior criminal history for impeachment purposes," and "we know of no evidence that would negate the guilt of the defendant."
Impeaching a person in court is done to judge the character of an individual, as they testify in a trial, according to the School of Law website in Chicago.
According to state court documents, a date for a jury trial for Anderson was scheduled for Jan. 16, 2018, and the trial is scheduled to last about three weeks.
