State of Minnesota v. Robert Todd Ferguson, A16-0469

Background

On Jan. 15, 2014 P.M. died of a fentanyl overdose after ingesting gel from a fentanyl patch at Robert Ferguson’s home.
The state charged Ferguson with third-degree murder under Minn. Stat. § 609.195(b) for selling/providing the fentanyl.
Ferguson’s adult daughter, C.F., obtained immunity and testified she obtained a fentanyl patch from Ferguson (from a safe), gave it to P.M., and participated in the transaction; C.F. admitted inconsistent prior statements.
M.B., present that night, testified that C.F. acted as the intermediary and that Ferguson was not present when money and patch were exchanged.
Physical evidence (wrappers, a black safe) described by C.F. was not found where she said; investigators found other wrappers and a prescription box in Ferguson’s bedroom but no direct physical link tying Ferguson to the transfer.
At trial the district court denied Ferguson’s motion to dismiss for lack of corroboration; the jury convicted; the court of appeals reversed because C.F. was an accomplice and her testimony was not sufficiently corroborated.

Issues

Issue	State's Argument	Ferguson's Argument	Held
Whether C.F. was an accomplice whose testimony required corroboration	C.F. was a cooperating witness but her account corroborated by circumstantial evidence (texts, M.B.’s understanding, Ferguson’s prescription)	C.F. was an accomplice; her testimony required independent corroboration	Court: C.F. was an accomplice and her testimony required corroboration
Whether evidence other than C.F.’s testimony sufficiently corroborated her account that Ferguson provided/sold the fentanyl	Presence of a fentanyl prescription for Ferguson the prior day, texts suggesting P.M. expected to get a patch from C.F.’s father, M.B.’s testimony that they went to Ferguson’s house, and other circumstantial facts	Those facts are equally consistent with Ferguson’s innocence (C.F. acting alone); no direct evidence placed an unused patch in Ferguson’s possession or showed he transferred it	Held: Corroboration insufficient; conviction rested on uncorroborated accomplice testimony
Whether physical items and witnesses corroborated C.F.’s account (safe, wrappers, eyewitnesses)	State argued wrappers, delay opening door, and inconsistencies by household members supported C.F.’s story	Ferguson pointed out investigators did not find the black safe or wrappers where C.F. said; eyewitness testimony conflicted about appellant’s presence at transfer	Held: Physical and eyewitness evidence did not affirm C.F.’s core claim; such evidence was as consistent with innocence as with guilt
Whether inconsistent earlier statements by C.F. supported her later inculpatory testimony	State suggested C.F.’s later statement (after immunity) was the truth	Ferguson argued prior inconsistent/false statements undermine credibility and do not corroborate	Held: Prior inconsistent statements do not corroborate later testimony; they undermine credibility

Key Cases Cited

State v. Caine, 746 N.W.2d 339 (establishes standard for reviewing sufficiency of evidence in light most favorable to verdict)
State v. Clark, 755 N.W.2d 241 (corroboration must restore confidence in accomplice testimony; reviewed de novo)
State v. Mathiasen, 127 N.W.2d 534 (accomplice testimony insufficiently corroborated where no other evidence linked defendant to the item)
State v. Pederson, 614 N.W.2d 724 (corroboration may include physical evidence, admissions, and third‑party reports; direct corroboration stronger than hearsay-from-accomplice)
State v. Shoop, 441 N.W.2d 475 (rationale for statutory requirement to corroborate accomplice testimony)