Minnesota lawmaker shootings: Court vacates gag order, parties expected to use 'restraint and judgement'
Vance Boelter due in Hennepin County Court
Vance Boelter, already serving two life sentences following his federal trial, is challenging the state case against him over the shootings of two Minnesota lawmakers and their spouses. His attorneys argue the state prosecution amounts to double jeopardy, claim his actions were justified as a lawful arrest and seek to move the trial out of Hennepin County.
MINNEAPOLIS (FOX 9) - A temporary gag order that was placed on the parties involved in the Minnesota lawmaker shooting is now vacated after a judge ruled the "continued restriction is not presently necessary."
READ MORE: Minnesota lawmaker shootings: Judge issues temporary gag order on all parties, including victims
Gag order lifted in Vance Boelter case
Local perspective:
According to a written order filed on Oct. 7, the court vacated its Sept. 30 temporary order that restricted extrajudicial statements, or public statements made outside of court.
The original gag order was meant to be temporary until a full hearing could be held on Oct. 5. Following that hearing, a judge lifted the restriction, saying all parties are expected to "exercise appropriate restraint and judgment in any statements concerning this proceeding."
Dig deeper:
Before lifting the order, the court said it reviewed the parties' written submissions and supplemental arguments presented at the Oct. 5 hearing.
The Oct. 7 filing also says, "Nothing in this Order should be construed as an invitation to make inflammatory, misleading, or otherwise improper statements relating to the case or the issues in the case."
The court added that it may "reissue or modify the vacated order" if necessary.
Minnesota lawmaker shootings: Vance Boelter will never leave prison
The man convicted of targeting and killing Minnesota Democrats was sentenced to two consecutive life terms plus 40 years in federal prison on Thursday. FOX 9's Corin Hoggard was there.
The backstory:
On Sept. 30, the court put the temporary gag order in place until full arguments could be made on the matter at an Oct. 5 hearing, according to court documents.
Despite being in jail and already being sentenced to life in prison for murder, Boelter has been in communication with someone who posts his sentiments to a Substack account.
A memo from his defense team responding to the gag order states that "There is no record that Mr. Boelter's Substack posts pose a danger."
Boelter's legal team filed a motion on Sept. 28 seeking an order governing out-of-court statements by witnesses. The state filed its response the same day. The following day, Sept. 29, Boelter's team filed a separate response to the state's request to limit speech by the defendant.
At the Sept. 30 hearing, the state asked the court to issue a temporary order blocking public statements while the matter could be fully argued.
The Source: This story uses information gathered from court documents filed in Hennepin County Court and previous FOX 9 reporting.