More than 100 apply 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 likely would have 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 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.”

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 a drug deal or burglary gone wrong. An accomplice to the underlying crime also can 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 younger than 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.

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.”

Two others convicted in Elder’s murder — Noah Peterson, 27, and Alec Streit, 26 — also have 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?” Moriarty said.

Ramsey County Attorney John Choi’s office is 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.