Prosecutor fighting new Minnesota law on aiding and abetting murder

Concerns over new MN aiding and abetting murder law

Some Minnesota prosecutors are fighting a new aiding and abetting murder law, while defense attorneys say the law is beneficial. FOX 9's Paul Blume has the story.

Backstory

(FOX 9) - As FOX 9 first reported, the new law redefined the role of a "major participant" in sometimes complicated murder conspiracies. That means offenders can only be convicted of aiding and abetting a murder if they:

Use a deadly weapon.
Cause substantial bodily harm.
Hire the killer or someone closely involved in the homicide.
Impede another person from preventing the death.

And since the law can be applied retroactively, it means old jury verdicts and even negotiated plea deals are getting another look.

First life sentence vacated

Rosalyn McDonald-Richards was convicted of aiding and abetting first-degree murder after a customer was killed during a pawn shop robbery in 2009.

Malcolm Cowens, a local boxer, was shot in the back while attempting to flee when the gunman opened fire.

The actual shooter received 33 years in prison as part of a plea deal. But McDonald-Richards was sentenced to life in prison.

After the law changed, she successfully petitioned to have her conviction vacated.

Hennepin County Chief Judge Kerry Meyer re-sentenced the 72-year-old on lesser charges of robbery and aggravated assault.

With credit for time already served, McDonald-Richards walked out of the Shakopee prison in May.

"She got re-sentenced for the crime she did actually aid in, instead of being punished for life for something somebody else did," said Pete Johnson, one of two attorneys representing McDonald-Richards.

But the reduced sentence outraged the Cowens family.

"There will be no forgiveness or forgetting," Cowens’ twin sister Christina Fontanarosa said during the May 15 court hearing. "Rosalyn McDonald-Richards knew what she was doing. This was free will, including the knowledge of firearms and the potential high-risk outcomes."

The Data

McDonald-Richards is one of 11 offenders who have had their original sentences vacated under the new law.

After the law changed, the Minnesota Department of Corrections sent out more than 550 letters to offenders in prison or under some form of supervised release, explaining they may be eligible for relief.

FOX 9 examined court records across the state and found:

165 preliminary petitions have been filed.
More than half (86) were rejected outright.
20 warrant additional scrutiny and legal arguments.

What they are saying

Anders Erickson is a defense attorney who represents more than a dozen offenders currently appealing their convictions, including McDonald-Richards.

"The way our law was designed for a long time was to basically have everybody have the same level of culpability," explained Erickson.

"And this new law, which we think is great, it is taking a step back, and it is saying, ‘look, some of these people were less culpable than the person who had the intent to kill and actually did kill somebody.’"

But Scott County Attorney Ron Hocevar told FOX 9, "We are fighting it. We are fighting it to have these convictions maintained."

"There is no finality to the case," added Hocevar. "There is no finality for the victims to move forward. And it's just, we believe that is unconstitutional."

What's next?

Scott County is asking the Court of Appeals to rule on the constitutionality of the new law after two offenders were recently resentenced on lesser charges.

And Erickson has appealed a first-degree aiding and abetting murder case, rejected for relief at the district court level, to the state Supreme Court for review.