MINNEAPOLIS — Appearing in Hennepin County Court via Zoom from prison, Brian Flowers is now looking at his best shot of being released since he and another teen were first sentenced to life in 2009 at age 16 for the murder of Katricia Daniels and her 10-year-old son Robert Shepard.
Flowers needs to be re-sentenced because life without parole for juveniles is now unconstitutional. But the question remains whether he'll receive concurrent or back-to-back sentences for the two victims.
Ramsey County is now prosecuting after Hennepin County Attorney Mary Moriarty -- who once helped with Flowers' defense -- recused her office.
The former prosecutors fought for years for consecutive sentences and laid out reasons why in a memo obtained by KARE 11 News in which they asked Moriarty to recuse herself.
But now another twist --
"We are also reviewing some new laws that were passed recently and go into effect in August that might potentially impact this case," said Michelle Monteiro, the assistant Ramsey County Attorney now prosecuting the case.
The Minnesota legislature passed a law change that Flowers' attorney Perry Moriearty helped write, which would make juvenile "lifers" eligible for parole after 15 years.
According to the Department of Corrections, there are 79 cases that fit the criteria.
If they received consecutive sentences for two separate victims, they are eligible for parole after 20 years.
A new review board is being formed and will start that process next summer.
"Not saying that they come home after 15 years. They may, they may not. It's simply an opportunity to have their sentence reviewed and see what they've done over the last 15 years. See if they can safely be released," said Preston Shipp, from the Campaign for the Fair Sentencing of Youth, which lobbied for the law change.
If Judge William Koch gives Flowers concurrent sentences, as his attorney who says he didn't participate in the murders is asking, Flowers' sentence will be reviewed next summer as he has already served 15 years.
The Ramsey County Attorney assigned to prosecute this case says they expect to know by September what they want to do with Brian Flowers, whether that means continuing to pursue more prison time or allowing his fate to fall into the hands of this new parole board.
Watch more local news:
Watch the latest local news from the Twin Cities and across Minnesota in our YouTube playlist: