Lady Justice is being asked to remove her blindfold in Hennepin County, where County Attorney Mary Moriarty is directing prosecutors to consider skin color when cutting plea deals.
Starting today, a controversial new policy takes effect, instructing prosecutors to weigh a defendant’s race and age during plea negotiations.
The internal document titled “Negotiations Policy for Cases Involving Adult Defendants” instructs prosecutors to factor race and age into plea negotiations, as first reported by KARE 11.
Alpha News submitted a data request for the document and sought comment from Moriarty’s office but did not receive a response by publication.
A new lens for justice
“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,” the document states, according to the outlet.
“While these factors should not be controlling, they should be part of the overall analysis. 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,” it continues.
Moriarty’s office defends policy
Moriarty’s office reportedly defended the new policy.
“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,” Moriarty’s office told KARE 11.
“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,” the office continued.
A pattern of controversy
Moriarty has faced no shortage of controversy since taking office in 2022.
Alpha News recently reported on Moriarty’s decision not to charge a state employee who was caught on video vandalizing Teslas in Minneapolis, resulting in more than $21,000 in damage.
Mary Moriarty declines to charge Tesla vandal in felony damage spree
"Our investigators are always frustrated when the cases they poured their hearts into are declined," said Minneapolis Police Chief Brian O'Hara. pic.twitter.com/vQvueULKsK
— Alpha News (@AlphaNewsMN) April 22, 2025
Dylan Adams, 33, a fiscal policy analyst for the Minnesota Department of Human Services won’t face a single charge.
Instead, Moriarty’s office handed him a free pass in the form of a diversion program—something her own office guidelines say shouldn’t apply to cases with more than $5,000 in property damage. Adams caused more than four times that.
Moriarty has defended her decision in statements to the media and during a press conference last week, calling diversion normal for first-time property offenders. Her office also said the decision was made so Adams could keep his job at DHS and afford the restitution he owes the victims.
Jenna Gloeb
Jenna Gloeb is an Edward R. Murrow Award-winning journalist, media producer, public speaker, and screenwriter. Most recently, she worked as a reporter and on-air host for CCX Media. Jenna is a Minnesota native and resides in the Twin Cities with her husband, son, daughter, and two dogs.
