As we near one-year since the tragic assassination of former House Speaker Melissa Hortman and her husband Mark, plus the shooting of state Senator John Hoffman and his wife, the Department of Justice is reporting that the suspect in those shootings, Vance Boelter, will not face the death penalty.
Boelter is facing six federal charges including stalking, murder, and firearms offenses, some of which could have resulted in prosecutors seeking the death penalty. Even though the death penalty is not legal in Minnesota, it can be used in federal cases.
But a Department of Justice spokesperson confirmed to WCCO Radio on Monday it is no longer on the table.
"I would urge a little bit of caution here, and that's because if we've learned anything about this Department of Justice, it's that sometimes they reverse themselves," noted University of St Thomas professor Mark Osler who has expertise in criminal law and procedure, along with the death penalty.
The Justice Department adds that the crime of interstate stalking is likely not death penalty eligible, adding that prosecutors will still seek a conviction to ensure Boelter is held accountable to the fullest extent allowed by law.
"Bringing justice to the families and loved ones of victims of violence is the number one priority of the Department of Justice," said a department spokesperson. "Prosecutors worked hard on this case to make sure he was held accountable to the fullest extent possible."
Osler also says decisions like this can be difficult on the families of those who had different expectations for the prosecution.
"I know that this is difficult for people that were hoping for a most serious outcome here, and that's one thing that prosecutors have to deal with all the time is the expectations of victim's family members who have undergone a terrible tragedy," Osler explains. "It is a part of the mix when you're dealing with criminal law, and here when the goalposts seem to be shifting, it's probably hard for them."
