Minnesota abolished the death penalty more than 100 years ago, but there is new evidence to indicate the federal government will seek the death penalty for Vance Boelter.

He is accused of stalking and murdering Rep. Melissa Hortman and her husband, and shooting Sen. John Hoffman and his wife.  

Tucked into Boelter's indictment is a headline that says "special circumstances." That finding is the first step federal prosecutors take when pursuing the death penalty.

"In this new indictment on pages five, six and seven there is a list. A number of special findings and what that does is it gives them the attorney general of the United States, Ms. Bondi, the opportunity and the authority to say in this case, 'I want to go for the death penalty,'" criminal defense attorney Joe Tamburino said.

But late last week, there was another development in the case that underscores a clear attempt to go forward with the death penalty.

The federal government assigned a public defender, Kimberly Sharkey, who is an experienced death penalty attorney based in Nevada, to help defend Boelter. 

"Under federal law, you can still get the death penalty, but it's never happened in Minnesota. So really, we don't have a lot of attorneys who are schooled and knowledgeable in death penalty cases," Tamburino said.

The final decision on whether prosecutors will pursue the death penalty will be made by U.S. Attorney General Pam Bondi. 

Earlier this year, in another high-profile case with Minnesota ties, Bondi announced the Justice Department would pursue the death penalty against Luigi Mangione, the accused killer of UnitedHealthcare CEO Brian Thompson. 

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• Death Penalty