What Exactly is Spark of Life Evidence in the Daunte Wright case in Minnesota?

So the jury has been chosen in the Kim Potter murder trial involving Daunte Wright. The jury has been chosen and has been seated. Openings are underway and we are getting ready to call witnesses soon. One of the pieces of evidence that will be presented by the Prosecutor is something called “Spark of Life” evidence. In Minnesota, this is where the prosecution presents evidence, usually but not always as their last witness, to humanize their "victim." It is unique to Minnesota courtrooms and criminal trials.  That’s right. No other state in the country allows this.

Spark of Life arose out of a 1985 criminal case involving a man who allegedly killed a cop. At the Minnesota Supreme Court, the Defense argued that it was prejudicial to allow the Prosecutor to give a speech about the officer’s childhood, his family, and his marriage. In fact, the Prosecutor during the speech at trial became so emotional that they had to call for a recess. The Supreme Court decided that it was fine but added that you couldn’t do it in an “attempt to invoke any undue sympathy or inflame the jury’s passions.” Of course, that is exactly what the Prosecutor is trying to do. That is exactly the reason that the State will call Daunte Wright’s mother to the stand. They want her to “invoke any undue sympathy or inflame the jury’s passions.”

Generally, I'd argue it is designed to drive and motivate the jury to have a personal connection to that person, inflame their passions and then drive them to convict. Some might call this cynical but it is what I have seen in my own murder trials. It strays very close to character evidence which potentially opens the door for the defense to go after that issue but it is difficult to speak ill of the dead so that can be rough too. I remember having a Judge tell me that while at the bench in the middle of a murder trial as we were arguing this spark of life question.

However, it is critical to remember that frequently, the Defense can’t talk about past convictions, drug use, or bad behavior of the complaining witness/victim. If the Prosecution opens the door with character evidence, and this is very close, then the Defense can then come back at the witness with . . . Did you know? Did you know? Did you know?

As this evidence is presented, the Prosecution is at risk. They don’t get to control what Mom has said. You can bet they the Prosecutor’s office has been working with her but once she takes the stand, all bets are off. If she oversteps and gets into character evidence, the statue has just opened the door and the Defense promises to drive a Mack truck through it. We will see.

Jack Rice is a former prosecutor, a Board Certified Criminal Law Specialist and a nationally known criminal defense attorney. If you are seeking representation in Minnesota, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.