Prosecutors: Decision to pursue death penalty against Vance Boelter to be made by Labor Day

MINNEAPOLIS - A federal prosecutor said Friday the U.S. Attorney for Minnesota is close to a recommendation on whether to seek the death penalty against alleged political assassin Vance Boelter, while a judge expressed concern over the U.S. government's pace in the case.

Assistant U.S. Attorney Matthew Forbes said at the Friday hearing that "within days," U.S. Attorney Daniel Rosen will submit his guidance on the death penalty question, a decision that will undergo a review by a unit in Washington, D.C., that specializes in capital crimes and require final approval by the U.S. attorney general.

Magistrate Judge Dulce Foster pressed the prosecutors on the timing, saying the "public has the right" for the case to proceed as it stretches into its 10th month.

"I'm concerned about the fact things are taking as long as they have for this decision to be made," she said in her Minneapolis courtroom.

Forbes did not directly explain the long timeline, but said Rosen's recommendation will be submitted in "days, not weeks." The U.S. Attorney's Office will notify the court once the recommendation is submitted to the Capital Review Committee. He estimated a final decision should come by Labor Day, which is Sept. 7.

The exchange marked the second time the judge has asked the U.S. government about its timeline in the federal case. During Boelter's last court appearance, in February, Foster opened the proceedings by asking prosecutors whether they expect any scheduling delays or other effects on the case after Minnesota's U.S. Attorney's Office saw a mass exodus of staff in mid-January amid fallout from Operation Metro Surge. The departures included the lead prosecutor on Boelter's case. Forbes said the resignations were not expected to harm the prosecution.

Immediately after Boelter's arrest, Hennepin County Attorney Mary Moriarty requested to prosecute the state murder charges before the federal case, which was how the legal process played out when Derek Chauvin was charged in state and federal court for his role in the death of George Floyd. Moriarty's request was denied by then-acting U.S. Attorney for Minnesota Joe Thompson.

She said Friday that her office would not have delayed the case as federal prosecutors have done. The one-year anniversary of the attacks on state lawmakers is fast approaching.

"Our office is ready to prosecute Mr. Boelter's case immediately," she said in a statement. "On conviction, our state charges will trigger an automatic sentence of life in prison without the possibility of parole."

Manny Atwal, Boelter's federal defender, said the U.S. government's decision on the death penalty will dictate what motions the defense files. Atwal agreed to a motion deadline of Sept. 25, saying the defense continues to review evidence, including 825 hours of videos.

Boelter, 58, appeared in court but did not speak during the brief hearing. He has pleaded not guilty to six federal charges tied to the June 14 shooting spree that resulted in the deaths of state Rep. Melissa Hortman and her husband, Mark, the wounding of state Sen. John Hoffman and his wife, Yvette, and the attempted injury of their daughter, Hope.

The indictment against Boelter says that he disguised himself as a police officer when he arrived at the lawmakers' homes in the middle of the night. After a manhunt of more than 40 hours, Boelter was arrested near his home in Green Isle, Minnesota.

Hoffman and his family sued Boelter in Hennepin County District Court this week, seeking damages in excess of $50,000 for their continued pain and suffering from his alleged stalking and attempted murder.

Boelter faces state charges of first-degree murder, four counts of attempted first-degree murder, one count of impersonating a police officer and one count of felony animal cruelty in the killing of the Hortmans' dog, Gilbert.

No trial date in Boelter's federal case has been set.

(Jeff Day of the Minnesota Star Tribune contributed to this report.)

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