A new policy issued by a progressive prosecutor in Hennepin County, Minnesota’s largest county by population, will require attorneys to consider a criminal defendant’s “racial identity” when negotiating plea deals.
“While racial identity and age are not appropriate grounds for departures [from the Minnesota Sentencing Guidelines], proposed resolutions should consider the person charged as a whole person, including their racial identity and age. While these factors should not be controlling, they should be part of the overall analysis,” County Attorney Mary Moriarty’s memo states, according to Minneapolis-based outlet KARE 11.
“Racial disparities harm our community, lead to distrust, and have a negative impact on community safety. Prosecutors should be identifying and addressing racial disparities at decision points, as appropriate,” the policy reads.
Moriarty, a Democrat, recently declined to charge a Minnesota state employee who works in Governor Tim Walz’s administration for allegedly keying at least six Tesla vehicles and causing more than $20,000 in damages. The Minnesota Department of Human Services employee, Dylan Adams, was caught on camera committing vandalism in protest of Elon Musk’s work in the Trump administration.
Last week, Moriarty said Adams will pay restitution for the Tesla damages instead of being prosecuted for a felony. The progressive prosecutor, who has been historically lenient on punishing criminal activities, argued felony convictions would only lead the defendant to commit a crime in the future. Adams had no previous criminal record.
The county attorney’s argument, however, didn’t hold true when she charged a 19-year-old woman with no criminal record for allegedly keying a coworker’s car and causing $7,000 in damages, as noted by the Minnesota Star Tribune. The relevant charge would have been for first-degree felony property damage.
Moriarty has received criticism from Minneapolis Police Chief Brian O’Hara and Anoka County Attorney Brad Johnson, who said his office would have brought criminal charges against the Tesla vandal if the crime had occurred in his county. Anoka County sits north of Hennepin County.
This isn’t the first time Moriarty has decided to forgo pursuing criminal charges. Since taking office in 2023, she has faced backlash from fellow prosecutors and victims’ families for offering probation to criminal defendants charged with murder or sexual assault, among other offenses.
The policy meant to address “racial disparities” adds to Moriarty’s soft-on-crime prosecutorial record.
“This policy acknowledges that there are many factors to be considered in negotiations. Each case – and defendant – is unique. Someone’s age may change the likelihood of growth and change. A defendant’s race matters because we know unaddressed unconscious biases lead to racial disparities, which is an unacceptable outcome,” a Moriarty spokesperson said in a statement.
“Our goal with this policy matches the goal of all our work: to achieve safe, equitable, and just outcomes that center the healing of victims while improving public safety.”
Jill Hasday, a constitutional law professor at the University of Minnesota, said the policy was ambiguously written to avoid constitutional violations involving the Equal Protection Clause. The professor said the policy, if legally challenged, would likely be overturned by the Supreme Court.
“As I read the policy, it appears to rest on what I think is a perfectly plausible desire to combat societal discrimination, but as the Supreme Court interprets the Constitution, that cannot justify race-based government action,” Hasday told KARE 11.
The Trump administration has been targeting diversity, equity, and inclusion programs at the federal level, as well as investigating vandalism of Tesla property that the Department of Justice considers acts of domestic terrorism. U.S. Attorney General Pam Bondi announced charges last month against three defendants accused of burning Tesla cars and charging stations in protest of Musk, who owns the electric vehicle company.