Friday, Dec 28, 2012 6:00 PM UTC

Coach cleared of child porn wants files sealed

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Topics: From the Wires, Entertainment News

MANKATO, Minn. (AP) — Minnesota State University, Mankato, head football coach Todd Hoffner, who was cleared of child pornography charges last month that stemmed from videos found on his cellphone of his naked children clowning around after a bath, is suing to keep the police investigative reports sealed.

Hoffner has been taken off administrative leave, but he hasn’t been reinstated as head coach and is facing a 20-day, unpaid school suspension in January for unspecified reasons. He sued the state and Blue Earth County earlier this month in an effort to keep the police reports private, after a Twin Cities television station asked to see them. The lawsuit seeks a temporary restraining order that would keep anyone from disseminating the investigative file.

District Court Judge Krista Jass ruled last week that the reports will remain private until they can be reviewed, the Mankato Free Press reported (http://bit.ly/ZFYA0c ),

Jass ordered prosecutors to gather all investigative reports and turn them over to Hoffner’s attorney, Jim Fleming. He’ll be allowed to file a sealed list of information that he believes should be kept from the public. After receiving Fleming’s list, Jass will decide what should remain sealed.

Fleming said in a court affidavit that releasing the information would harm Hoffner.

“Plaintiff Mr. Hoffner has an ongoing investigation relative to his employment as a head football coach at (MSU),” Fleming’s affidavit said. “Release of private non-public data could irreparably harm (Hoffner) with respect to that investigation that a civil lawsuit for damages would not fully compensate.”

Hoffner was charged with child porn possession in August after school officials found videos of his naked children on his work-issued cellphone, which he had turned in to be repaired. Jass dismissed the criminal charges last month after concluding that the short videos of his children acting silly after a bath were not child porn and showed nothing illegal.

Last week, the university said it was suspending Hoffner without pay for 20 days starting Jan. 7. In its announcement, the university didn’t say why it was suspending Hoffner, and school officials have declined to specify the reason.

An attorney for the union representing Hoffner has said the suspension is being challenged. The university also said last week it is still investigating a complaint against Hoffner.

Fleming told the newspaper that he wants the information sealed to protect Hoffner’s privacy. Investigators went through computer files and took pictures of items in his house.

“We’re not hiding anything from anybody,” Fleming said.

___

Information from: The Free Press, http://www.mankatofreepress.com

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