Skip to main content

Filing: Conviction of man who killed officer Scott Patrick violated his rights

  • Author:
  • Updated:

A new filing with Minnesota's highest court argues that prosecutors violated the constitution when they took a "rare" legal maneuver in the case against Brian Fitch last year.

Fitch was found guilty in February of fatally shooting Mendota Heights Officer Scott Patrick after a July 2014 traffic stop, which was followed by a shootout with St. Paul police and Fitch's subsequent arrest.

The case is being appealed by Fitch and his defense lawyer, a move that was signaled back in May with what's called a "notice of appeal."

The reason? It has to do with the combination of two separate criminal cases.

Fitch was originally charged with crimes in both Ramsey and Dakota counties, but in an uncommon move, a judge allowed prosecutors to convene a multi-county grand jury.

In a Tuesday brief (which basically lays out the argument for overturning Fitch's conviction), Assistant Appellate Public Defender Melissa Sheridan said the combined case violated Fitch's constitutional right to be tried "where the charged crimes are committed," and that jurors unfairly heard evidence from two separate incidents, the Pioneer Press notes.

The paper says she's asking the court to allow Fitch to face two new, separate trials.

Sheridan told BringMeTheNews that a brief in response is due from the Supreme Court in 45 days. After that time, she says, a hearing on the appeal will be scheduled.

The Supreme Court is in session from September through June.

Next Up

Akoya Lee

Byron native Akoya Lee sets NCAA record for points in a game

The Kansas State forward broke a record shared by former Gopher Rachel Banham.

Williams Uptown Pub

Williams Uptown Pub & Peanut Bar closes indefinitely after shooting

Reports say police have arrested two suspects in the incident.

Alex Rodríguez

A-Rod wears a Packers hat, Minnesotans lose their minds

The Timberwolves co-owner didn't endear himself to his fan base on Saturday night.

Flickr - Minneapolis police squad - Chad Davis

Police: Man shoots into crowd at funeral reception in Minneapolis

The shooting happened at a reception following a funeral on Saturday afternoon.

Screen Shot 2022-01-23 at 8.37.27 AM

Watch: Jimmy Garoppolo says 'F*** the Packers' after playoff win

The 49ers quarterback congratulated Robbie Gould in spectacular fashion.

Aaron Rodgers

America dunks on Aaron Rodgers after loss to 49ers

The Packers quarterback was destroyed on social media on Saturday night.

Marcus Foligno

Foligno's OT winner gives Wild fans a happy Hockey Day

A slow start gave way to the Wild's fifth win in the past six games.


Winter weather advisory issued as Saturday snow arrives

Not huge totals expected, but any snow will likely impact travel.


Report: Ryan Poles is Vikings' 'top choice' for general manager

Poles was one of two finalists revealed on Friday.