Minnesota lawmaker shootings

Prosecution moves forward after alleged Hortman assassin waives hearings

man in jail uniform stands beside attorney in court
Vance Boelter appeared in a St. Paul federal courtroom on Thursday alongside defense attorney Manny Atwal.
Cedric Hohnstadt

The prosecution of Vance Boelter, who’s charged with killing former DFL House Speaker Melissa Hortman and her husband Mark, is moving forward after the suspect appeared in federal court Thursday and waived his right to probable cause and detention hearings.

Boelter, 57, is charged in a six-count criminal complaint with the murder of the Hortmans early on June 14 and with shooting and wounding DFL State Sen. John Hoffman and his wife Yvette earlier the same night. Boelter is also charged with stalking the lawmakers.

He was captured June 15 after a 43-hour manhunt. Boelter allegedly dressed as a police officer while carrying out the attacks and abandoned a lookalike squad SUV in the Hortmans’ Brooklyn Park driveway. Investigators said previously that they found a list of Democratic elected officials and abortion rights supporters in the vehicle, and dozens of firearms in Boelter’s rural Sibley County home.

Because prosecutors initially charged Boelter by criminal complaint, he has the right under federal law to have a judge determine whether the government has enough evidence to send the case to a grand jury for further review.

Prosecutors with the Minnesota U.S. Attorney’s Office were prepared to call an FBI agent to testify about the investigation, but Boelter waived his right to the preliminary hearing as well as a hearing to determine if he should stay in pretrial detention.

“Do you feel like you understand what you’re doing here today?” asked Magistrate Judge Douglas Micko.

“I’m looking forward to the truth and facts about [June] 14th to come to the public and before you and especially what happened before the 14th,” Boelter replied. “I think Minnesotans want to know what’s going on here.”

Micko determined that prosecutors may move ahead with their case, and he also ordered that Boelter remain in jail.

“The next step is the grand jury will return an indictment, which as of now has to be done within 30 days of his arrest on [June] 15th,” Acting Minnesota U.S. Attorney Joe Thompson told reporters outside the St. Paul federal courthouse.

man in suit talks outside courthouse to reporters
Acting Minnesota U.S. Attorney Joe Thompson talks to reporters outside the federal courthouse in St. Paul on Thursday.
Matt Sepic | MPR News

Thompson declined to say more about the investigation, including what evidence and testimony his team had been prepared to present before Boelter waived his right to the hearings. Thompson also said that the Justice Department has yet to decide whether to seek the death penalty.

“That’s a determination that’ll be made over time, ultimately by the Attorney General, but in consultation with our office and based on lots of factors.” 

Minnesota banned capital punishment more than a century ago, but it remains an option under federal law.

Manny Atwal, the federal public defender who’s representing Boelter, asked Micko last Friday to reschedule the probable cause and detention hearings because her client said that he was unable to get enough sleep while on suicide watch in the Sherburne County Jail, a claim that Sherburne County Sheriff Joel Brott later refuted. Atwal declined to comment to reporters after the Thursday hearing.

At his June 27 court appearance, Boelter wore a green anti-suicide smock. The garment is made of a quilted fabric that can’t be torn into strips and is worn like a bathrobe. On Thursday, Boelter wore a standard yellow jail uniform to court. 

Boelter also faces state-level murder charges in Hennepin County, but the federal prosecution is moving ahead first.

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