Judge overturns conviction of man who was charged for 2004 death

STEVE KARNOWSKI The Associated Press

(Pexels)

MINNEAPOLIS (AP) — A Minnesota judge on Monday set aside the murder conviction of a 35-year-old man who was sent to prison for the 2004 killing of a man in a Minneapolis flower shop, the Hennepin County Attorney’s Office said.

Marvin Haynes, who was 16 at the time of the killing, was expected to be released from prison Monday. The Hennepin County Attorney’s Office said Haynes’ release comes after prosecutors agreed that Haynes had recently proven in court that his constitutional rights were violated during his 2005 trial for the killing of Randy Sherer, 55.

Hennepin County Attorney Mary Moriarty said in a statement that a “terrible injustice” occurred when the state prosecuted Haynes. She said his conviction rested almost exclusively on eyewitness identification and that there was no forensic evidence, such as fingerprints or DNA, nor video connecting him to the crime.

“We inflicted harm on Mr. Haynes and his family, and also on Harry Sherer, the victim, his family, and the community,” Moriarty said. “We cannot undo the trauma experienced by those impacted by this prosecution, but today we have taken a step toward righting this wrong.”

Judge William Koch held that absent the eyewitness evidence, which he deemed unconstitutional, “it is doubtful there would have been sufficient evidence to sustain a conviction.” He noted that there was no physical evidence linking Haynes to the killing and dismissed all charges with prejudice, meaning they can’t be filed again.

“We are delighted to see Marvin finally regain his freedom and for the truth of his innocence to win out,” Attorney Andrew Markquart of the Great North Innocence Project, said in a statement. “We are thankful to the Hennepin County Attorney’s Office for recognizing the strength of Marvin’s claim and for demonstrating the most noble ideals of the prosecutor in recognizing past errors and prioritizing justice as the highest value.”

Marvin said in the same statement that he thanks “everyone who supported me through this long journey.”