An omnibus hearing was scheduled for Zachary Todd Anderson Monday afternoon, Dec. 12, in Cass County. The date had been rescheduled for months, but it finally happened this week. The omnibus hearing is a step between arraignment (defining specific charges against him) and going to trial. A grand jury Oct. 28 formally indicted Anderson on 19 counts. So far, his case will proceed toward trial, and that date has not yet been set. A review hearing has been set for Dec. 27.
Anderson, 25, faces 18 felony charges and 1 gross misdemeanor charge in the Aug. 20 kidnapping and murder of 5-year-old Alayna Ertl. If found guilty of the most serious charges, first- and second-degree murder, Anderson could face life in prison.
Anderson had been a guest in the Ertl home that night after a softball game, and he allegedly took Alayna from her bed in the dead of night, stole the Ertl family pickup and drove to Leader with her. Anderson?Äôs family cabin is in Leader, and this is where he was found. He led authorities to Alayna?Äôs body where he tried to hide her in a nearby swamp.
Now, according to a report from KARE 11 based on court documents Monday, Anderson may plan to use mental illness or deficiency and intoxication as a defense in his murder trial.
Anderson?Äôs state-appointed defense attorney, Gregory Davis, Monday filed a motion to suppress statements he gave to police as well as evidence police found while conducting a search (again, according to KARE 11). The claim is that police violated his 4th Amendment (unreasonable search and seizure), 6th Amendment (right to a speedy trial), and Miranda rights. They are asking the judge to dismiss the charges on grounds that his 4th Amendment rights were violated during the search.
Zachary Todd An-derson faces life in prison for second-degree murder.
Anderson has been eligible for release on bail since his first court appearance Oct. 28, but he has remained in the Crow Wing County Jailsince his arrest Aug. 20.
Editorial: The above is factual, while the following is opinion. In news, we must be careful to keep the two things separate.
(I must pause here to compose words that are fit to print in a
family-friendly medium.)
Anderson has had nearly four months sitting in jail to think about what he?Äôs done, and to think about ways to get out of responsibility for it.
It?Äôs cowardly to blame intoxication for his heinous crimes. If he was too drunk and impaired to stop himself from committing the series of crimes that lead to the death of a precious little girl, then how could he be competent enough to judge the behavior of police that same day?
Proceeding with a criminal trial is, in my view, causing even more insult to Alayna?Äôs family. They?Äôve already come through unspeakable loss, with the help and support of family and their whole community.
Anderson needs to own up to what he did, especially if it was because he was drunk. Own up, plead guilty, and take his punishment.
Life in prison is a far better fate than little Alayna got. He made many bad choices, and he needs to face those consequences rather than hide behind excuses.
He will have to face his Maker for the grievous sins he has committed. That could (and should) be troubling him even more than spending the rest of his life in prison.
No criminal trial, conviction, and punishment can return Alayna to her family. Nothing can undo what he?Äôs done.
Our justice system cannot punish him for his sins, but it certainly can make him accountable for his crimes.
I doubt that anyone reading this would disagree.