Analyzing recent blows to Mary Moriarty’s prosecution philosophies

MINNEAPOLIS — The family of Steve Markey did not hold back while giving victim impact statements.

“Mary Moriarty’s behavior in this case and other cases like this is a disgrace to the justice system,” 

The family criticized Hennepin County Attorney Mary Moriarty while asking Judge Michael Burns to reject the plea deal that would keep a young man involved in their loved one’s murder out of prison.

“She’s giving him a slap on the hand and counseling. We’re shocked. We can’t believe this.”

“I’m asking you, your honor, please don’t let murderers walk our streets.”

Judge Burns disagreed with Moriarty’s office about the amount of progress Husayn Braveheart has made with treatment and programming.

“Progress that was punctuated by outbursts, disrespect to staff and other residents, episodes of physical violence, harassment to staff and other residents. 

And Burns ultimately did what the Markey family wanted. 

“I am not accepting Mr. Braveheart’s guilty plea at this time. “

It was another high-profile blow to Moriarty’s goal of reforming how juveniles suspects are treated in the criminal justice system. In April, Minnesota Attorney General Keith Ellison asked Governor Tim Walz to take the case involving the murder of Zaria McKeever, which also includes juvenile suspects, away from Moriarty.

“I think it’s extraordinary,” said Alan Harris, who was a Hennepin County prosecutor for 36 years, leading the adult prosecution division when he retired in 2020.

“First of all, I don’t know that the electorate fully understands what she’s talking about when she talks about reforming the juvenile system. There’s room for improvement at every level of the criminal justice system, but I don’t know that the average person would have expected that murder cases and serious robbery cases and serial robbery cases would be treated so leniently,” Harris said.

“This is what she ran on but now other people in the system are not allowing her to fulfill the platforms of her campaign,” said assistant professor Julie Jonas from the University of St. Thomas Law School.

Jonas points out a key piece of Moriarty’s platform was considering brain development when assessing crimes committed by juveniles and was elected to be a progressive prosecutor.

“And that was very clearly her platform,” Jonas said.

But Jonas notes the decisions made by Judge Burns and Attorney General Ellison reflect concerns about the rights of victims.

In a statement to KARE 11 News, Moriarty wrote:

“The standard I have set as County Attorney is that we will do the right thing, based on the unique circumstances of each case, to protect public safety by holding individuals accountable in meaningful and effective ways. That is true regardless of the age of the person we are prosecuting.

For far too long, the criminal justice system has reflexively equated justice with the longest possible prison sentence, while ignoring data that shows long prison sentences do not necessarily improve public safety. Sometimes a long prison sentence is necessary but sometimes other tools give us a much better chance of keeping the public safe. 

I am proud of the team of attorneys, victim advocates, and other staff in this office who do this work every day. As we continue prosecuting several thousand cases each year, we will never waver from our commitment to doing the right thing for public safety and to seeking a more safe, equitable, and just Hennepin County.”

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