Star Tribune
More than 100 petition for early releases under Minnesota’s new aiding murder statute
Late last year, about 550 people serving terms in Minnesota prisons or on community supervision received letters containing potentially big news for their cases: “You may be eligible to file an application with the court to vacate your conviction for aiding and abetting felony murder.”
The notices, sent from the Department of Corrections, were prompted by a new Minnesota law limiting who can be held liable for aiding in a crime that results in a murder. The change was retroactive, meaning those already found guilty could petition by October 2025 for the courts to throw out their convictions. Not everyone would qualify, but for some it could mean getting out of prison sooner than expected.
Earlier this month, the first petitions were granted.
A Hennepin County judge vacated the convictions of Briana Martinson, 27, and Megan Cater, 25, for their roles in a 2017 robbery-turned-murder, which would have likely kept them in prison until 2026. Judge Kerry Meyer resentenced the two suburban women to a lower burglary conviction. Factoring in the six years they’d already served, they were set free.
And they may be just the first of dozens.
At least 105 applications have been filed so far, according to data provided by Minnesota’s Court Administrator’s Office. The cases will be reviewed by courts in coming months to see if they qualify for resentencing under the new law. Since judges evaluate each petition, no one can say how many will ultimately qualify.
The law, passed by the DFL-controlled Legislature last year, is meant to differentiate punishments between major and lesser participants in a murder. But it is already spurring debate over who should be eligible.
Bobbie Elder, whose 19-year-old son Corey was murdered in the robbery put in motion by Martinson and Cater, called the two women the “masterminds” behind the crime, and criticized Hennepin County Attorney Mary Moriarty for supporting the petition.
“My family and I are not satisfied with the outcome of Megan Cater and Brianna Martinson being released early and the ill-informed decisions of Judge Kerry Meyer and the overall stance of Mary Moriarty on this specific case,” she said in a statement to the Star Tribune. “Although this change in law has its time and place for being warranted, this case is not one of them.”Fair punishment
The new law comes in response to a nonpartisan report commissioned by lawmakers that found a lack of fairness and “disregard for intent to harm” in how sentencings played out under the old statute in courtrooms across the state.
Under Minnesota law, the “felony murder rule” says a person can be held criminally liable for murder if they kill someone in the act of a dangerous felony, regardless of intent, such as drug deal or burglary gone wrong. An accomplice to the underlying crime can also be held responsible for aiding and abetting the murder.
But the legislative task force found that in some case accomplices were given the same — or harsher ― punishments than those who played a greater role. The report cited several examples where an accomplice wasn’t present for the killing, but still received a lengthy sentence.
“It’s really concerning,” said Rep. Dave Pinto, DFL-St. Paul, a prosecutor who authored the bill to commission the study. “We have a sense of how justice should work, and those situations, as they describe them, certainly seem unjust.”
The task force also found racial, age and geographic disparities in punishments. Of 84 convictions from 2010 to 2019, 42% came out of Hennepin County, with Ramsey County a distant second with 19%. More than 60% of those convicted were under 25 years old, and 62% were Black. Many had little or no criminal history, according to the report.
The task force, comprised of prosecutors, law enforcement, victim advocates and defense attorneys, unanimously recommended revising the statute and creating an avenue for those already convicted to petition for resentencing.
The new law says a person cannot be charged under the state’s aiding and abetting felony murder doctrine if they did not cause or intend to cause death or act as a major participant in the underlying crime.
Republicans opposed the larger bill of which the change was a part, but not this specific element, said Senate GOP spokeswoman Rachel Aplikowski.
Once a petition is filed, it goes to the courts for a preliminary review. Those deemed eligible are sent to prosecutors to respond. The outcome is ultimately decided by the judge.
Mother criticizes first released
In the only petition so far to lead to resentencing, the mother of the victim disputes that Martinson and Cater were not “major participants” in the crime.
In April 2017, Martinson, Cater and four others drove to 19-year-old Corey Elder’s apartment with a plan to rob him at gunpoint in retribution for Elder allegedly stealing a bottle of pills and other items. Martinson pounded on the door. When Elder answered, the two women burst in with Tarrance Murphy, 27, and Maurice Verser, 40, behind them. The women ran to Elder’s room knowing he kept drugs there. Verser threatened to kill the women if they tried to leave the room, Cater later told police.
Verser and Murphy beat Elder. Cater later told police that she and Martinson begged the two men not to kill him, but they did anyway. All six were convicted in the murder.
“They didn’t go with the intention to kill him,” Moriarty said in an interview this week, on why her office supported the resentencing of Cater and Martinson. “They were not major participants in the victim’s death.”
Clare Diegel, director of the Hennepin County Attorney’s Professional Standards Office, which reviews the petitions, said staff look only at how the specific elements of the law apply to each case. The legal definition of “‘major participant’ is narrowly defined in this statute,” she said.
Bobbie Elder strongly disagreed with the judge’s decision, and said text messages recovered during the investigation show the two women put the plan in motion.
“Cater and Martinson think that it was the actions of Maurice Verser that landed them in prison, but it was THEIR actions that did so,” she said in a written statement to the Star Tribune. “They were the ones that had and arranged the entire plan, including ensuring there was a gun present. They pled guilty for a reason, because they knew the evidence was damning for them and they didn’t want to risk an even longer sentence.”
Bloomington Police Chief Booker T. Hodges, whose agency investigated the case, released a video statement Thursday titled “crocodile tears” and saying the two women should still be in prison. Hodges said Verser “did the shooting,” but the crime wouldn’t have occurred without Martinson and Cater’s planning.
“Ask him about the harm they intended to cause,” Hodges said, holding up a photo of Elder. “He’s not here. He’s courtside cemetery right now.”
More petitions pending
Two others convicted in Elder’s murder — Noah Peterson, 27, and Alec Streit, 26 — have also petitioned for resentencing. Diegel said the office has not yet reviewed those files and could not comment on them.
Moriarty said her office will continue to support petitions if they meet the elements of the new law.
“If you weren’t a major participant, then why should you be held accountable in the same exact way as someone who actually pulled the trigger?” said Moriarty.
Ramsey County Attorney John Choi’s office is currently reviewing two petitions for resentencing, said spokesman Dennis Gerhardstein.
“We are in the process of determining what our position should be on those petitions,” said Gerhardstein. “Generally speaking our decision to support or oppose the petition will be based on the law, and if they are entitled to relief, making sure there is adequate reentry planning for the incarcerated person.”
Washington County has denied one petition at the preliminary stage, said Lauren Perkins, spokeswoman for the prosecutor’s office. “We’re not aware of any Washington County cases in which we believe there will be a good argument for the application for this law,” she added.
A 19-year-old driver trying to get around slower vehicles collided head-on with an SUV in Wright County and killed one person and injured several others, officials said Thursday.
SUV passenger Janice Evelyn Johnson, 92, of Arden Hills, died Monday at HCMC from injuries she suffered in the collision on Oct. 22 in Monticello Township on County Road 37 near County Road 12, the Sheriff’s Office said in a search warrant affidavit filed in Hennepin County District Court.
The driver and two other people in the SUV survived their injuries, according to the affidavit, which the Sheriff’s Office filed to collect Johnson’s medical records at HCMC as part of its investigation.
According to the affidavit:
Deputies arrived at the crash scene and spoke with the car’s driver, Christian Kabunangu, of Brooklyn Park, who said he was heading west on County Road 37 and found himself behind two vehicles traveling below the speed limit.
“He was late for work, so he decided to pass them,” the affidavit read. Kabunangu said he saw the oncoming SUV and estimated it was about a half-mile down the road.
As he attempted to pass one of the slower vehicles, he explained, the other driver “sped up, preventing him from getting back into the westbound lane,” the filing continued.
As the Honda drew near, he swerved to the left, but the SUV did the same and they collided.
Star Tribune
University of Minnesota researchers find that native plants can beat invasive buckthorn on their own turf.
If the invasive buckthorn that is strangling the life out of Minnesota’s forest floor has a weakness, it is right now, in the shortening daylight of the late fall.
With a little help and planning, certain native plants have the best chance of beating buckthorn back and helping to eradicate it from the woods, according to new research from the University of Minnesota.
The sprawling bush has been one of the most formidable invasive species to take root in Minnesota since it was brought from Europe in the mid-1800s. It was prized as an ornamental privacy hedge. All the attributes that make buckthorn good at that job — dense thick leaves that stay late into the fall, toughness and resilience to damage and pruning, unappealing taste to wildlife and herbivores — have allowed it to thrive in the wild.
It grows fast and thick, out-competing the vast majority of native plants and shrubs for sunlight and then starving them under its shade. It creates damaging feedback loops, providing ideal habitat and calcium-rich food for invasive earthworms, which in turn kill off and uproot native plants. That leaves even less competition for buckthorn to take root, said Mike Schuster, a researcher for the university’s Department of Forest Resources.
When it takes over a natural area, buckthorn creates a “green desert,” Schuster said. “All that’s left is just a perpetual hedge, with little biodiversity.”
Since the 1990s, when the spread became impossible to ignore, Minnesota foresters, park managers and cities have spent millions of dollars a year trying to beat it back. They’ve used chainsaws and trimmers, poisons and herbicides, and even goats for hire. The buckthorn almost always grows back within a few years.
It’s been so pervasive that a conventional wisdom formed that buckthorn seeds could survive dormant in the soil for up to six years. That thought has led to a sort of fatalism: even if the plant were entirely removed from a property there would be a looming threat that it would sprout back, Schuster said.
But there is nothing special about buckthorn seeds. They only survive for a year or two.
Eden Prairie Eagles (6-3) at Maple Grove Crimson (9-0), 7 p.m.
Jim says: Maple Grove faithful are understandably jittery about getting Eden Prairie this early in the playoffs, but they should trust their eyes. The Crimson are loaded, with quality playmakers at every turn, like safety/receiver Dylan Vokal. Eden Prairie is built for games like this, but while the Eagles will keep things tight for awhile, Maple Grove will pull away in the second half, leading to a seismic sigh-of-relief from northwest metro. The pick: Maple Grove 35, Eden Prairie 21
David says: Eden Prairie’s time, however decorated an success-filled, is done and over. Provided the Crimson are able to take it. Maple Grove is capable of success as long as players don’t make the moment too big. Former coach Matt Lombardi cracked the code. What about his replacement, Adam Spurrell? The pick: Maple Grove 21, Eden Prairie 14
Edina Hornets (7-2) at Eagan Wildcats (5-3), 7 p.m.
Jim says: On paper, this leans toward an Edina victory. The Hornets have top-end talent on offense (QB Mason West, WR Meyer Swinney), an under-appreciated defense and a season-opening 35-14 victory over Eagan. But the Wildcats are resilient and don’t back down from anyone. Quarterback Brooklyn Evans is adept at running the Wildcats option offense and will keep them in the game. The pick: Edina 28, Eagan 15
David says: Tempting as it is to pick against Edina and revel in another office cake party, let’s go with the Hornets in this one. Expect an improved Eagan team to keep Edina within reach, however. The pick: Edina 21, Eagan 20
Alexandria Cardinals (7-2) at Moorhead Spuds (9-0), 7 p.m.
Jim says: Alexandria came oh-so-close to beating Moorhead on Oct. 11, falling 36-34 when a game-winning field goal went wide-left. While the Cardinals hoped for this rematch, Moorhead has the look of a team on a mission. Outside of the head-to-head matchup, Moorhead dominated every other opponent with a series of 30-point plus victories. No one mashes the Spuds. The pick: Moorhead 44, Alexandria 34
David says: The Game of the Year, Part II. Only thing to make this more juicy would be an upset. Is Alexandria up to that task? I don’t have the courage to go out on that limb in this space. The pick: Moorhead 42, Alexandria 24
Andover Huskies (7-2) at Elk River Elks (8-1), 7 p.m.
Jim says: Another highly anticipated rematch. Andover handed mistake-prone Elk River it’s only loss, 47-31, on Sept. 20. With three lost fumbles, Elks’ coach Steve Hamilton called it the worst game they’ve played in five years. You can bet they’re itching to prove they’re better than they showed that night. The pick: Elk River 49, Andover 37
David says: Bet the over when these two teams clash. Andover’s quarterback Joseph Mapson is a much more polished and proven signal caller that he was in late September. The Pick: Andover 49, Elk River 48.
