Rare Death Penalty Consideration in Minnesota Murder Case

Minneapolis, June 18 (AP)—The case against Vance Boelter, who is charged with the murder of a prominent Minnesota lawmaker and injuring another, may see a rare pursuit of the death penalty in Minnesota—something that could become more frequent under the Trump administration.

Minnesota abolished capital punishment in 1911, and the state's last execution occurred in 1906. However, federal prosecutors, who announced charges against Boelter on Monday, are considering capital punishment, a move not pursued in Minnesota since the Supreme Court reinstated it in 1976.

Federal and state prosecutors often both pursue cases for the same offense, notably in high-profile incidents. In Boelter's case, federal authorities have effectively assumed the lead from Hennepin County Attorney Mary Moriarty. Initially set to appear on state charges, Boelter was instead taken to the US courthouse in St Paul to face more severe federal charges.

Boelter is accused of killing former Democratic House Speaker Melissa Hortman and her husband, Mark, early Saturday in the northern Minneapolis suburbs. Before that, he allegedly shot and injured Democrat Sen. John Hoffman and his wife, Yvette. Boelter surrendered Sunday night after what authorities termed the largest manhunt in Minnesota history.

Two of the six federal counts carry death penalty potential, something the state hasn't faced since federal capital punishment was reintroduced. Acting US Attorney Joseph Thompson didn't confirm whether the death penalty would be sought, citing its possibility among the options. Thompson described the attack as meticulously planned, detailing Boelter's alleged visits to other lawmakers' homes and various Democratic targets nationwide. Boelter's federal defense team has not commented, nor has he entered a plea.

With Attorney General Pam Bondi lifting a federal execution moratorium imposed during the Biden administration, the death penalty has resurfaced in three cases. Bondi authorized its pursuit against Luigi Mangione for a CEO's murder and in two inmate-killing cases. President Donald Trump’s first administration executed 13 federal inmates, the highest since modern capital punishment resumed.

The federal government’s involvement seems to have upset Moriarty, elected on a police reform agenda in 2022. She indicated tension between the investigations but plans to secure a first-degree murder indictment with a mandatory life without parole sentence at the state level. Monday saw a court formalize Boelter’s absence amid his federal custody.

While murders usually fall under state jurisdiction, the Justice Department’s actions indicate this case’s national importance. Mark Osler, a University of St. Thomas law professor and former senior state prosecutor, acknowledged inherent tensions between jurisdictions reflecting “an older sibling grabbing from a younger sibling.” Federal officials will contend with Minnesotans to form a jury pool in a state historically rejecting capital punishment, which differs from states like Texas, staunchly for it.

Boelter, post-federal arraignment, was detained in Sherburne County Jail. Thompson emphasized simultaneous state and federal prosecution. Although the federal case is likely prioritized, state charges persist. Boelter's next federal appearance is scheduled for June 27 without pending state court dates.

Osler observed a “natural competitiveness” among jurisdictions but remains hopeful for unified resolution on cases crucial to public safety like Boelter’s.

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