Prosecutor fights new Minnesota law on accessory to murder

Backstory

(FOX 9) – As FOX 9 first reported, the new law redefined the role of a “principal participant” in sometimes complex murder conspiracies. This means that perpetrators can only be convicted of aiding and abetting murder if they:

• Use a deadly weapon.
• Cause serious bodily harm.
• Hire the murderer or someone closely involved in the murder.
• To prevent another person from dying.

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

READ MORE: New felony murder law in MN reopens old wounds for family members

First life sentence overturned

Rosalyn McDonald-Richards was convicted of aiding and abetting 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 as he attempted to escape when the gunman opened fire.

The actual shooter received a prison sentence of 33 years as part of a plea deal. But McDonald-Richards was sentenced to life in prison.

After the law changed, she successfully applied to have her conviction overturned.

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

With credit for time already served, McDonald-Richards walked out of Shakopee Prison in May.

“She was resentenced for the crime she actually participated in, rather than being sentenced to 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 forgiving or forgetting,” Cowens' twin sister Christina Fontanarosa said during the May 15 court hearing. “Rosalyn McDonald-Richards knew what she was doing. This was free will, including knowledge of firearms and the possible risky consequences.”

READ MORE: Two women were released early from prison on murder charges in Minnesota after a law change

The data

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

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

FOX 9 examined court records across the state and found:

• 165 preliminary applications were submitted.
• More than half (86) were rejected completely.
• 20 require additional scrutiny and legal arguments.

What they say

Anders Erickson is a defense attorney who represents more than a dozen criminals currently appealing their convictions, including McDonald-Richards.

“For a long time, our law was designed to give everyone the same level of blame,” Erickson said.

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

But Scott County District Attorney Ron Hocevar told FOX 9, “We are fighting this. We are fighting to maintain these beliefs.”

“The case is not final,” Hocevar added. “There is no finality for the victims to move on. And we just believe that’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 resentenced on lesser charges.

And Erickson has appealed a case of aiding and abetting first-degree murder to the state Supreme Court that was rejected for decision by the district court.