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A federal prosecutor said Wednesday that the government is still deciding whether to seek the death penalty against the man accused of killing former DFL House Speaker Melissa Hortman and her husband Mark at their home in June.

Vance L. Boelter, who’s also charged with shooting and wounding DFL state Sen. John Hoffman and his wife Yvette and attempting to shoot their daughter Hope, appeared before U.S. Magistrate Judge Dulce Foster for a 10-minute routine status update hearing. Boelter, 58, 

 in August to all six federal counts, which include murder, stalking, and firearms crimes.

Assistant U.S. Attorney Harry Jacobs told Foster that the Minnesota U.S. Attorney’s Office “is working diligently through the issues” but has yet to determine whether to recommend to top Justice Department officials whether the government should pursue a capital case. 

Jacobs said that the office will make its own recommendation before presenting it to department leaders in Washington. The ultimate decision on the death penalty is up to U.S. Attorney General Pam Bondi. 

Defense attorney Manny Atwal told Foster that prosecutors have handed over an enormous amount of evidence, including 130,000 pages of documents, 825 hours of audio and video, and 2,000 photos. 

Atwal noted that she and her colleagues at the Federal Defender’s office have spent 110 hours downloading the files but have yet to review the material. She added that such a large amount of discovery is not unusual for a complex case and that their efforts have been hampered because of the federal government shutdown. 

Jacobs said that the process of transferring evidence to the defense is “substantially done,” but the government will provide additional material as it’s completed, including lab reports. 

Foster scheduled another update hearing for February, but that does not mean the government will have a decision by then. The judge did not set a trial date.

Boelter did not speak at the hearing. Kimberly Sharkey, a federal public defender with capital case expertise, joined the defense team in July. She also appeared with Boelter and Atwal at the Wednesday hearing. 

, but the federal case takes priority. The Minnesota Legislature outlawed capital punishment in 1911, but it remains an option at the federal level.

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Vance L. Boelter appeared before U.S. Magistrate Judge Dulce Foster for a 10-minute routine status update hearing. He pleaded not guilty in August to all six federal counts, which include murder, stalking, and firearms crimes.

No timeline for death penalty decision in Hortman assassination, prosecutor says

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