Although Minnesota abolished the death penalty over a century ago, the federal government is now considering pursuing it in a shocking murder case involving Vance Boelter.
Boelter stands accused of stalking and killing Minnesota Representative Melissa Hortman and her husband, as well as shooting Senator John Hoffman and his wife. These violent acts have led federal prosecutors to take the first steps toward seeking the death penalty, which is still permitted under federal law, even in states that have banned it.
In Boelter’s recent federal indictment, a section labeled “special circumstances” appears. According to criminal defense attorney Joe Tamburino, this language is key. “In this new indictment, on pages five, six, and seven, there’s a list of special findings,” he explained. “That gives the U.S. Attorney General, Pam Bondi, the authority to decide whether to pursue the death penalty.”
These “special findings” usually point to particularly serious or aggravating factors that justify harsher punishment under federal law. In murder cases, they might include things like multiple victims, acts of premeditation, or crimes committed against public officials.
Last week, another significant move signaled the federal government’s serious consideration of the death penalty. Kimberly Sharkey, a seasoned public defender from Nevada with experience in capital cases, was appointed to Boelter’s defense team. Her appointment is seen as a strong indication that the Justice Department is preparing for a death penalty trial.
“Under federal law, someone can still be sentenced to death even if the state doesn’t allow it,” Tamburino said. “But in Minnesota, it’s never actually happened, so we don’t have many local attorneys who specialize in death penalty defense.” This is why bringing in an expert like Sharkey is a major step.
The final decision on whether to move forward with the death penalty rests with U.S. Attorney General Pam Bondi. She will review the case and determine if it meets the standards for a capital punishment prosecution.
This is not the first time Bondi has taken steps to seek the death penalty in a Minnesota-related case. Earlier this year, she announced that the Justice Department would pursue the death penalty for Luigi Mangione, who is accused of killing Brian Thompson, the CEO of UnitedHealthcare. That case, like Boelter’s, shocked the public and prompted questions about the use of federal law to override Minnesota’s long-standing rejection of capital punishment.
The Boelter case is especially notable because of the high-profile victims involved. Rep. Melissa Hortman was a well-known figure in Minnesota politics, and her murder, along with the attack on Sen. Hoffman and his wife, has left a deep impact on the community.
If the Justice Department decides to proceed with the death penalty, it would mark an unprecedented legal move in Minnesota, where no one has been executed since the state formally abolished the practice in 1911.
As the legal process unfolds, all eyes will be on the federal government’s next steps. For now, the appointment of a death penalty expert and the inclusion of special findings in the indictment make it clear that this case is being treated as one of the most serious under federal law.
