Vance Luther Boelter, 57, the man charged with killing Minnesota Representative Melissa Hortman and her husband Mark last Saturday in their Brooklyn Park home, was arrested Sunday evening near his Green Isle home after what has been described as the “largest manhunt in Minnesota history.”
In a rare development, despite being charged by the Hennepin County Attorney with two counts of murder and held in the Hennepin County Jail, Boelter never made it to state court.
Instead, the US Attorney’s Office issued a federal complaint on Sunday, and the feds took custody of Boelter early Monday morning. Boelter appeared in federal court that afternoon for a first appearance on the six-count complaint which included two counts of using a firearm in furtherance of a violent crime (murder). Boelter remains in federal custody pending his Preliminary and Detention Hearing on June 27th.
The prosecution of crimes arising from the same acts, in both state and federal court, and the transfer of a murder defendant from state to federal custody are rather unique developments.
Some of the more recent examples were the prosecution of the four former Minneapolis police officers in the death of George Floyd, though even then, the federal government allowed the state to prosecute the defendants first, before prosecuting them federally.
This week, Hennepin County Attorney Mary Moriarty announced that she had made a formal request to the US Attorney’s Office to return to the front of the line in prosecuting Boelter. It will be interesting to watch how this request is handled, and how each office and each court handles the issue.
Both the US Attorney and the Hennepin County Attorney have indicated they will convene grand juries to formally indict Boelter in both federal court (a necessity for federal prosecutions), and in state court (a necessity to obtain first degree murder charges). Bringing witnesses in for two separate grand juries can be a difficult task. Cooperation and communication between the two prosecuting offices would smooth that effort.
Insight into the US Attorney’s decision to prosecute Boelter lies in Justice Department policy.
The decision by a US Attorney to charge someone already charged in state court for crimes arising from the same acts is guided by policy entitled, Initiating and Declining Charges—Prosecution in Another Jurisdiction. The policy outlines three areas of consideration: 1) Strength of the jurisdiction’s interest, 2) Ability and willingness to prosecute effectively, and 3) Probable sentence upon conviction.
Under the first consideration, the policy states, “…when it appears that the federal interest in prosecution is less substantial than the interest of other authorities, consideration should be given to referring the case to those authorities rather than commencing or recommending a federal prosecution.
Under the second consideration, the policy states, “…the federal prosecutor should be alert to any local conditions, attitudes, relationships, or other circumstances that might cast doubt on the likelihood of the other authorities conducting a thorough and successful prosecution.
Under the third consideration, the policy states that the probable sentence a defendant would receive in state court is the, “…ultimate measure of the potential for effective prosecution in another jurisdiction.”
These considerations were undoubtedly in play as the US Attorney’s Office weighed stepping in to prosecute Boelter first.
First, it is reasonable to understand how the federal government believes there is a substantial federal interest in prosecuting Boelter who is accused of a political assassination.
Second, “local conditions, attitudes, relationships and other circumstances” describe the dilemma Mary Moriarty has created for her fellow justice partners in terms of trusting her judgement in prosecuting high-profile cases such as this.
Third, the potential for seeking the death penalty through a federal conviction is another significant consideration – though no decision on that has yet been made.
All indications point to the US Attorney’s Office maintaining its lead role and prosecuting Boelter first. Acting US Attorney Joseph Thompson stated earlier this week, “My expectation based on prior cases is the federal charges, the federal case, will be litigated first.”
No matter the order, we can be proud of our local and federal law enforcement officials who have worked diligently to gather facts and evidence to help both prosecutors in their prosecution of Boelter.