Hennepin County Attorney Mary Moriarty announced today that after a careful review of the records, the Hennepin County Attorney’s Office agrees with the conclusion of the Attorney General’s Conviction Review Unit that the murder conviction of Edgar Barrientos-Quintana should be vacated.
The full press conference is available here.
In 2009, a jury found Mr. Barrientos-Quintana guilty of killing Jesse Mickelson, an 18-year-old bystander, during a drive-by shooting in south Minneapolis. Mr. Barrientos-Quintana was sentenced to life in prison without the possibility of parole.
The Attorney General’s Conviction Review Unit thoroughly examined the case and in a 181-page report stated:
“For the reasons set forth in this Report, the Conviction Review Unit has concluded that the evidence convincingly establishes Barrientos-Quintana’s innocence and that he was convicted of a crime that he did not commit. Because his conviction lacks integrity, the CRU recommends that his conviction be vacated, and the charges dismissed.”
The HCAO conducted its own thorough review of the case, including the Attorney General’s report and recommendation to vacate the conviction and dismiss the charges. The HCAO agrees with this recommendation, and the office filed a response stating this with the court today.
“We do not reach this conclusion lightly; and we do not reach it with any joy. This has been a terrible process for Jesse Mickelson’s family, who are sitting with the emotions of knowing that an innocent man has been in prison in Jesse’s name,” said Hennepin County Attorney Mary Moriarty. “To Jesse’s family and loved ones, I am so deeply sorry for what you are going through.
“We are hopeful that the court will give Mr. Barrientos-Quintana the relief we believe he deserves. But this is a sad day all around. Our legal system failed Mr. Barrientos-Quintana. Our legal system also failed Jesse’s family, who almost 16 years later must again wonder who killed their loved one.”
The Conviction Review Unit’s investigation “shows that a confluence of errors made by criminal justice system actors resulted in a wrongful conviction,” the report said. The numerous issues the CRU allege in the report include:
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Mr. Barrientos-Quintana's strong alibi, which includes video showing him and his girlfriend at a Maplewood grocery store located 33 minutes away before the shooting, and phone records showing him at his girlfriend’s home in a suburb located 28 minutes east of Saint Paul after the shooting. As part of the CRU investigation, a former MPD sergeant traced the same route and found it took “well over” 33 minutes to get to the scene, “making it improbable, if not impossible, for Barrientos-Quintana to be the shooter.”
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The eyewitnesses initially described the shooter as bald, shiny bald, or with a closely shaved, bald head. The photo lineup they were shown contained an old photo of Mr. Barrientos-Quintana with a shaved head, but at the time of the shooting, he had a thick head of dark hair which can clearly be seen on the Cub video 33 minutes before the shooting.
The judge will decide whether to set aside the verdict. If the court vacates Mr. Barrientos-Quintana's conviction, the HCAO will dismiss the charges.