New Minnesota aiding felony murder law is constitutional
MN aid & abetting law change is constitutional
The Minnesota Court of Appeals ruled the new aiding and abetting murder law is constitutional. FOX 9's Paul Blume has the story.
(FOX 9) - The Minnesota Court of Appeals has ruled the state’s new aiding and abetting felony murder statute is constitutional over the objections of some prosecutors.
The FOX 9 Investigators have been actively tracking the impact of the 2023 law change. The Scott County Attorney’s Office had argued the new law, applied retroactively in closed murder cases, was letting criminals out of prison early.
Appeals court rules in 2 murder cases
What we know:
In a pair of rulings from the Minnesota Court of Appeals related to the Scott County cases on Monday, the court concluded the state’s new aiding and abetting felony murder statutes are constitutional when applied retroactively.
Both cases involved defendants serving long prison sentences for their roles in felony murder conspiracies. Both men were ultimately re-sentenced on lesser charges in district court after the adoption of the new law in 2023.
The new statute reserves the most serious charges and penalties for those who are major participants in the murder plot and act with "extreme indifference to human life."
Prior to the amendment, the court writes, "a person could be found guilty of aiding and abetting any crime, including felony murder, ‘if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime.’"
RELATED: New felony murder law in MN reopening old wounds for loved ones
New, reduced sentences stand
Dig deeper:
Monday’s ruling allowed the newly reduced sentences to stand in both cases under appeal.
In the case of Justin Watson, that meant his 216-month prison sentence for aiding and abetting second-degree unintentional murder in a deadly 2013 Shakopee shooting was reduced to 81 months on a charge of first-degree aggravated robbery. Watson was allowed to leave prison based on the amount of time served when his new sentence was imposed.
First life sentence vacated
The backstory:
Rosalyn McDonald-Richards was convicted of aiding and abetting first-degree murder after a customer was killed during a Richfield 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 2024.
"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 last year’s 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."
By the numbers:
At least 11 offenders have had their original sentences vacated under the new law.
Anders Erickson represents 10 individuals who have been re-sentenced for lesser crimes, including McDonald-Richards, as well as the two men at the center of Scott County’s appeals.
He told FOX 9 Investigators, "The legislative branch has the power to make policy determinations, amend criminal laws and, importantly, apply amendments retroactively. And a county attorney’s office must execute the law even if it disagrees with the law."
Erickson has championed the new law in how it accounts for individuals who may be less culpable in a murder case and thus, should not have to face the same harsh consequences.
"The Legislature made the policy determination that there are Minnesotans who were punished excessively, not for their conduct, but for the conduct of their codefendants," explained Erickson. "And individuals still being punished under the prior law should be held accountable only for their conduct and not the unintended consequences of the conduct of their codefendants."
What's next:
The Scott County Attorney’s Office can petition the Minnesota Supreme Court to review the decisions. Hocevar did not respond to the FOX 9 Investigators' request for comment on Monday.
READ MORE: Prosecutor fighting new Minnesota law on aiding and abetting murder