EDITORIAL: Justice: Cop shooting cases should go to A.G.

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The Free Press, Mankato, Minn.
·3 min read
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May 28—The prosecution of Brooklyn Center police officer Kim Potter in the killing of Daunte Wright has been justly moved to the office of Attorney General Keith Ellison.

We have believed all along that the attorney general's office should handle all cases where officers have used deadly force in the course of their police work. Had the attorney general taken the case from the start, there would have been less chaos surrounding the moving of the prosecution.

An agreement by metro county attorneys implemented last year allowed attorneys to transfer cases involving police use of deadly force to other counties so to avoid conflicts of interest. Conflicts arise as county attorneys often work with law enforcement in their counties. In the Wright case, Hennepin County Attorney Mike Freeman handed off the case to Washington County Attorney Pete Orput.

Orput filed second degree manslaughter charges against Potter and then fell under heavy criticism and pressure to add a third degree murder charge. Protesters challenged Orput and demonstrated outside his Stillwater home. He then gave the case back to Freeman, who then asked Ellison to take the case. At the same time Assistant Washington County Attorney Imran Ali resigned, citing "vitriol" and "partisan politics" as his reasons.

Ellison made a point of saying he did not request to take the case and thought Orput and Freeman had been handling it well so far, but said he would take it with the seriousness it deserves. Gov. Tim Walz is also backing the move to have Ellison handle the case.

When the Star Tribune editorial page tried to get to the bottom of the chaos of the handing off of cases and Ali's resignation, it was met with a chorus of "no comments" from the county attorneys, with some, like Orput, saying they want to be rid of the case and presumably the caustic culture surrounding it.

Ellison taking the case makes sense. It removes an appearance for any conflict of interest in county attorney prosecution. It troubled us that Orput took the case even though he once, long ago, represented the chiefs of police association. Ramsey County Attorney Jon Choi also said he thought Ellison should handle the case as it removed any conflict of interest and Ellison, as a statewide elected official, could be held accountable should voters disagree with his handling of the case.

Ellison said his office is reviewing the case and evidence and at least appears to be willing to look at the possibility of murder charges. Activists say they will accept nothing less.

However the trial of Potter proceeds, the attorney general is the right prosecutor for the case. Walz also has proposed $1.8 million for expanding the attorney general's team from three criminal prosecutors to 11. That's probably a good idea as well, given how the office will likely get more and more of these deadly force cases.

Ellison's prosecutors, with the help of several outside attorneys working free of charge, were successful in prosecuting the George Floyd case. They brought a very strong case and justice was served.

Justice should be the goal in the Wright case. Ellison's office is most qualified to get there.

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