Minnesota Board of Pardons votes to commute Brian Pippitt's sentence
Centurion Ministries Attorney Jim Cousins is photographed with Brian Pippitt in this undated photo. The Minnesota Attorney General's Office recommended Pippitt's murder conviction be overturned in June of 2024.
Courtesy of Great North Innocence Project
Go Deeper.
Create an account or log in to save stories.
Like this?
Thanks for liking this story! We have added it to a list of your favorite stories.
Audio transcript
[THEME MUSIC] NINA MOINI: This morning, the Minnesota Board of Pardons voted to commute the sentence of Brian Pippitt, a Native American man convicted of murdering a convenience store owner in 1998. Pippitt has always maintained his innocence, and last year, the state's conviction review unit recommended Pippitt be exonerated and released from prison. Native News reporter Melissa Olson was at the meeting this morning, and joins me now in the studio to share more. Thanks for being here, Melissa.
MELISSA OLSON: Hi, Nina.
NINA MOINI: What can you tell us about what happened today?
MELISSA OLSON: The Board of Pardons granted Brian Pippitt's application for commutation. Pippitt appeared in front of the three-person board by video. Attorney Jim Cousin addressed the board for almost 15 minutes. Cousin is an attorney for Centurion Ministries, a legal group that works to exonerate people they believe have been wrongly convicted. Cousin summarized for the Board why he and his team believe he's innocent of the crime he was convicted of 2 and 1/2 decades ago.
Cousin added that Pippitt, now 63 years old, is in poor health and has served more than 2 and 1/2 decades in prison. Pippitt gave a brief statement on his own behalf, again, maintaining his innocence. The members of the board, Governor Tim Walz, Attorney General Keith Ellison, and Minnesota Supreme Court Justice Natalie Hudson, granted the commutation.
NINA MOINI: And what were the reasons behind their decisions, Melissa?
MELISSA OLSON: The Board talked through several issues connected to Pippitt's case, reasons for commuting his sentence. Ellison was clear that he believed Pippitt to be innocent based on the information that he'd read. Justice Hudson didn't vote to commute Pippitt's sentence. She wasn't sure. She said she believed the district court is the best place to handle post-conviction issues, and so she wanted for the evidence in that case to go back to district court perhaps.
Governor Walz said he was not taking a position on whether Pippitt was innocent or not. He said he was comfortable with commuting Pippitt's sentence and moving the case to a body that supervises these types of releases. Both Ellison and Walz pointed to Pippitt's advanced age and his health as reasons for considering commutation. And I would note, commutation is different from a pardon. A pardon would have exonerated Pippitt. The commutation will release Pippitt from prison, and he will remain under state supervision.
NINA MOINI: And fill us in a little bit, for those who don't, Melissa, about the case, what Brian Pippitt went to prison for.
MELISSA OLSON: In 2001, Pippitt was convicted of first degree murder of Evelyn Malin, a clerk at Dollar Store in Aiken County, an area in North Central Minnesota. Pippitt was convicted on the testimony of two men, his nephew, Raymond Misquadace. Perhaps the most compelling testimony came from a jailhouse informant who testified that Pippitt had confessed his crimes to him in jail. Cousin argued, the attorney, Cousin argued that both men have recanted their testimony.
Cousins also argued to the Board today that Misquadace and the informant that there were additional issues with that testimony and that that testimony hasn't had a chance to be heard yet in court. At the time of his conviction, Pippitt was sentenced to life in prison. He's now served 26 years of that sentence. Since he was first convicted, the law has changed and Pippitt would be otherwise eligible for parole in 3 and 1/2 years.
NINA MOINI: And then tell us, if you would, why Pippitt's case was re-examined.
MELISSA OLSON: Two years ago, the state created a Clemency Review Commission. The Commission was established by the state legislature to handle a growing number of applications for clemency, commutation, and pardon. Pippitt's application was one of hundreds of applications submitted this year alone. Yeah. In Pippitt's case, his advocates say, the evidence in this case, again, points to his innocence. State statute allows the Board of Pardons to consider innocence when granting a commutation.
And that's largely the basis in which Cousin and Pippitt's attorney from the Great Northern Innocence Project plead his case. They point to instances in which they believe the case was mishandled by law enforcement. They questioned the credibility of the witnesses involved, and the idea that the story presented at the time of trial is highly improbable.
NINA MOINI: And what's significant about that for Pippitt's case?
MELISSA OLSON: Pippitt's case is the first in which the State Conviction Review unit has recommended full exoneration. The committee voted 6 to 1, recommending commutation to the Board of Pardons last year. That wasn't enough. Pippitt has remained in jail since the Conviction Review Unit made its recommendation.
NINA MOINI: So help us to understand what the decision by the Board means.
MELISSA OLSON: The Board has really two options now for moving forward with Pippitt's release from prison. They ultimately chose a path they believe is consistent with the way commutation has been handled in the past. That process will require another review body to look at his case and weigh those factors which will decide his return to the community.
NINA MOINI: And you mentioned age, health for Pippitt, and I understand you talked to some of his family members after the meeting. What did they say?
MELISSA OLSON: Yeah, I spoke to his niece, Lindsay Misquadace-Berg, and his sister, Anita Misquadace. Both were very excited. Lindsay said she was happy with the decision of the Board. I spoke with Anita. She's the only sibling of Brian Pippitt's who is still living. She told me she was excited, happy, and shaking. She had tears in her eyes after the hearing was over outside the room.
NINA MOINI: And was everyone supportive of Pippitt's commutation? What about family members of the victim in the case?
MELISSA OLSON: There were no family members of Evelyn Malin who came forward to speak to the Board this morning, and there was no one from Aiken County who spoke either. The Board made reference to a set of documents which had been submitted by prosecutors who had convicted Pippitt. Prosecutors in this case have been outspoken about their belief that Pippitt is guilty of this crime and are opposed to commuting his-- not necessarily opposed to commute his sentence, but didn't want to see evidence thrown out or the rules changed in order to see Pippitt released.
NINA MOINI: OK. And so what is happening for Pippitt? When could he be released?
MELISSA OLSON: So it will take another four to five months before Pippitt is released. Pippitt's commutation doesn't prohibit his attorney from continuing to argue his case in district court, so it's very likely that they will continue to seek full exoneration in district court. Again, that doesn't have to-- he can be released as that process goes forward.
NINA MOINI: OK. Thank you so much for your reporting and sharing it with us, Melissa.
MELISSA OLSON: You're welcome, Nina.
NINA MOINI: That was Native News reporter Melissa Olson.
MELISSA OLSON: Hi, Nina.
NINA MOINI: What can you tell us about what happened today?
MELISSA OLSON: The Board of Pardons granted Brian Pippitt's application for commutation. Pippitt appeared in front of the three-person board by video. Attorney Jim Cousin addressed the board for almost 15 minutes. Cousin is an attorney for Centurion Ministries, a legal group that works to exonerate people they believe have been wrongly convicted. Cousin summarized for the Board why he and his team believe he's innocent of the crime he was convicted of 2 and 1/2 decades ago.
Cousin added that Pippitt, now 63 years old, is in poor health and has served more than 2 and 1/2 decades in prison. Pippitt gave a brief statement on his own behalf, again, maintaining his innocence. The members of the board, Governor Tim Walz, Attorney General Keith Ellison, and Minnesota Supreme Court Justice Natalie Hudson, granted the commutation.
NINA MOINI: And what were the reasons behind their decisions, Melissa?
MELISSA OLSON: The Board talked through several issues connected to Pippitt's case, reasons for commuting his sentence. Ellison was clear that he believed Pippitt to be innocent based on the information that he'd read. Justice Hudson didn't vote to commute Pippitt's sentence. She wasn't sure. She said she believed the district court is the best place to handle post-conviction issues, and so she wanted for the evidence in that case to go back to district court perhaps.
Governor Walz said he was not taking a position on whether Pippitt was innocent or not. He said he was comfortable with commuting Pippitt's sentence and moving the case to a body that supervises these types of releases. Both Ellison and Walz pointed to Pippitt's advanced age and his health as reasons for considering commutation. And I would note, commutation is different from a pardon. A pardon would have exonerated Pippitt. The commutation will release Pippitt from prison, and he will remain under state supervision.
NINA MOINI: And fill us in a little bit, for those who don't, Melissa, about the case, what Brian Pippitt went to prison for.
MELISSA OLSON: In 2001, Pippitt was convicted of first degree murder of Evelyn Malin, a clerk at Dollar Store in Aiken County, an area in North Central Minnesota. Pippitt was convicted on the testimony of two men, his nephew, Raymond Misquadace. Perhaps the most compelling testimony came from a jailhouse informant who testified that Pippitt had confessed his crimes to him in jail. Cousin argued, the attorney, Cousin argued that both men have recanted their testimony.
Cousins also argued to the Board today that Misquadace and the informant that there were additional issues with that testimony and that that testimony hasn't had a chance to be heard yet in court. At the time of his conviction, Pippitt was sentenced to life in prison. He's now served 26 years of that sentence. Since he was first convicted, the law has changed and Pippitt would be otherwise eligible for parole in 3 and 1/2 years.
NINA MOINI: And then tell us, if you would, why Pippitt's case was re-examined.
MELISSA OLSON: Two years ago, the state created a Clemency Review Commission. The Commission was established by the state legislature to handle a growing number of applications for clemency, commutation, and pardon. Pippitt's application was one of hundreds of applications submitted this year alone. Yeah. In Pippitt's case, his advocates say, the evidence in this case, again, points to his innocence. State statute allows the Board of Pardons to consider innocence when granting a commutation.
And that's largely the basis in which Cousin and Pippitt's attorney from the Great Northern Innocence Project plead his case. They point to instances in which they believe the case was mishandled by law enforcement. They questioned the credibility of the witnesses involved, and the idea that the story presented at the time of trial is highly improbable.
NINA MOINI: And what's significant about that for Pippitt's case?
MELISSA OLSON: Pippitt's case is the first in which the State Conviction Review unit has recommended full exoneration. The committee voted 6 to 1, recommending commutation to the Board of Pardons last year. That wasn't enough. Pippitt has remained in jail since the Conviction Review Unit made its recommendation.
NINA MOINI: So help us to understand what the decision by the Board means.
MELISSA OLSON: The Board has really two options now for moving forward with Pippitt's release from prison. They ultimately chose a path they believe is consistent with the way commutation has been handled in the past. That process will require another review body to look at his case and weigh those factors which will decide his return to the community.
NINA MOINI: And you mentioned age, health for Pippitt, and I understand you talked to some of his family members after the meeting. What did they say?
MELISSA OLSON: Yeah, I spoke to his niece, Lindsay Misquadace-Berg, and his sister, Anita Misquadace. Both were very excited. Lindsay said she was happy with the decision of the Board. I spoke with Anita. She's the only sibling of Brian Pippitt's who is still living. She told me she was excited, happy, and shaking. She had tears in her eyes after the hearing was over outside the room.
NINA MOINI: And was everyone supportive of Pippitt's commutation? What about family members of the victim in the case?
MELISSA OLSON: There were no family members of Evelyn Malin who came forward to speak to the Board this morning, and there was no one from Aiken County who spoke either. The Board made reference to a set of documents which had been submitted by prosecutors who had convicted Pippitt. Prosecutors in this case have been outspoken about their belief that Pippitt is guilty of this crime and are opposed to commuting his-- not necessarily opposed to commute his sentence, but didn't want to see evidence thrown out or the rules changed in order to see Pippitt released.
NINA MOINI: OK. And so what is happening for Pippitt? When could he be released?
MELISSA OLSON: So it will take another four to five months before Pippitt is released. Pippitt's commutation doesn't prohibit his attorney from continuing to argue his case in district court, so it's very likely that they will continue to seek full exoneration in district court. Again, that doesn't have to-- he can be released as that process goes forward.
NINA MOINI: OK. Thank you so much for your reporting and sharing it with us, Melissa.
MELISSA OLSON: You're welcome, Nina.
NINA MOINI: That was Native News reporter Melissa Olson.
Download transcript (PDF)
Transcription services provided by 3Play Media.