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Hennepin Co. attorney speaks on overturned charges
The Hennepin County Attorney Mary Moriarty spoke on Tuesday about the recent order to dismiss charges and overturn the conviction for Edgar Barrientos-Quintana, who had been serving a life sentence for the 2008 murder of a Minneapolis high school student.
MINNEAPOLIS (FOX 9) - Hennepin County Attorney Mary Moriarty and Edgar Barrientos-Quintana spoke on Tuesday about the recent order to dismiss his charges and overturn the conviction for the 2008 murder of a Minneapolis high school student, which Barrientos-Quintana was serving a life sentence for.
Context
Barrientos-Quintana, 41, was sentenced to life in prison without the possibility of parole for the murder of high school student Jesse Mickelson.
The Minnesota Conviction Review Unit (CRU) called for Barrientos-Quintana's conviction to be vacated back in July after a three-year investigation revealed evidence that was never presented to the jury and inaccurate information that was presented at trial.
Moriarty announced her support for the exoneration in September. The case was given to Judge John McBride in October, who then took it under advisement before reaching the decision to vacate the conviction in November.
What's new?
Barrientos-Quintana attended the press conference on Tuesday, and shared a few words after being freed from prison.
"Happy to be out here man. Best week, it's the best weekend. And more to come," said Barrientos-Quintana.
Meanwhile, Moriarty is blaming the prosector at the time, who is now a judge, for not telling the defense crucial information, like how the show "The First 48" was embedded with the investigators.
"To quote the judge, because the prosecutors were concerned that the fallout from 'The First 48’ show could hurt their case, they hid that concern," she said.
Two Minneapolis Police Department officers were also criticized by Moriarty. One of them is retired, and the other is Assistant Chief of Community Trust Chris Gaiters.
"Sergeant Gaiters either forgot one of the most relevant facts from the start of the investigation, or he perjured himself trying to convict Mr. Barrientos-Quintana," Moriarty said at the press conference.
The Hennepin County attorney also described other issues that included flawed eyewitness testimony, a photo lineup that violated protocol, and a video that shows Barrientos-Quintana too far away to have committed the crime. Jesse Mickelson's family believe he is innocent, and are happy he will be home for the holidays.
"This moment is my justice, I can say not because my brother's gone. He's not coming back. But I feel like I got justice by him being released because he gets to be with his family now," said Jesse Mickelson's sister, Tina Rosebear.
Barrientos-Quintana couldn't be more grateful to those who helped him, but says he knew it would happen, he just didn't know when.
Case background
18-year-old Jesse Mickelson, who was shot to death in October 2008. (Supplied)
Mickelson died in his neighbor's driveway after he was shot on Oct. 11, 2008, after a drive-by shooting.
Investigators noted the case had similarities to gang-related drive-by shootings but did not believe Mickelson was the target or that he was a gang member.
The trial reportedly relied on the account of two eyewitnesses who identified Barrientos-Quintana as the shooter. One of the witnesses also claimed to be in the car that the deadly shots were fired from.
Barrientos-Quintana's defense argued he could not have been at the scene of the shooting, which happened just behind Roosevelt High School in south Minneapolis, as he was at a grocery store on the east side of St. Paul 33 minutes before the shooting. The defense also said it was a case of mistaken identity.
The jury then took three days to deliberate and was reportedly split at one point, with three jurors favoring a not-guilty verdict, according to the CRU report.
Barrientos-Quintana was ultimately found guilty of first-degree premeditated murder for the benefit of a gang in May 2009.
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HCAO Edgar Barrientos-Quintana press conference [RAW]
Edgar Barrientos-Quintana and others join Hennepin County Attorney Mary Moriarty during a press conference to talk about his recently vacated murder conviction for the 2008 death of Minneapolis high school student Jesse Mickelson.