Prosecutor opposes new Minnesota accessory to murder law

History

(FOX 9) – As FOX 9 first reported, the new law redefined the role of a “major participant” in sometimes complicated murder plots. This means that offenders can only be convicted of complicity to murder if they:

• Use a deadly weapon.

• Cause significant bodily injury.

• Hire the killer or someone closely involved in the homicide.

• Prevent another person from preventing the death.

And because the law can be applied retroactively, that means old jury verdicts and even negotiated plea deals are getting a fresh look.

LEARN MORE: New felony murder law in Minnesota reopens old wounds for loved ones

First life sentence overturned

Rosalyn McDonald-Richards was convicted of accessory to 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 trying to flee when the gunman opened fire.

The real shooter was sentenced to 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 overturned.

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

With time already served, McDonald-Richards left the Shakopee prison in May.

“She was re-convicted for the crime she contributed to, instead of being punished for life for something someone 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 hearing. “Rosalyn McDonald-Richards knew what she was doing. It was free will, including knowledge of firearms and potential high-risk consequences.”

LEARN MORE: 2 women released early from Minnesota prison after change in murder law

The data

McDonald-Richards is one of 11 offenders whose original sentences were overturned under the new law.

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

FOX 9 reviewed court records from across the state and found:

• 165 preliminary motions were filed.

• More than half (86) were rejected outright.

• 20 warrant further examination and legal arguments.

What they say

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 that everyone had the same level of culpability,” Erickson explained.

“And this new law, which we think is great, takes a step back and says, ‘look, some of these people were less culpable than the person who intended to kill and actually killed someone.'” “

But Scott County Prosecutor Ron Hocevar told FOX 9, “We’re fighting against this. We’re fighting for these convictions to stand.”

“There is no finality in this matter,” Hocevar added. “There’s no way for the victims to move forward. And we just think it’s 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 convicted on lesser charges.

And Erickson appealed a first-degree accessory to murder case, dismissed for relief at the district court level, to the state Supreme Court for review.