MN Conviction Review Unit: 2009 Minneapolis murder conviction should be vacated

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18-year-old Jesse Mickelson, who was shot to death in October 2008 (FOX 9).

MINNEAPOLIS (FOX 9) - The Minnesota Conviction Review Unit (CRU) says a man was wrongfully convicted of murder for a 2008 shooting that left a Minneapolis high school student dead.

The CRU is now calling for the conviction of 41-year-old Edgar Barrientos to be vacated after a three-year investigation and a 293-page report revealed evidence that was never presented to the jury and inaccurate information that was presented at trial.

2008 fatal shooting details

Jesse Mickelson, an 18-year-old high school student, died in his neighbor's driveway after he was shot just after sunset on Oct. 11, 2008.

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 as the shooter. One of the witnesses also claimed to be in the car that the deadly shots were fired from.

Barrientos' 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.

However, the jury later found Barrientos guilty of first-degree premeditated murder for the benefit of a gang on May 28, 2009.

Post-conviction review

The CRU said it found evidence that was not presented to the jury which corroborated Barrientos' alibi. The CRU said he was at his girlfriend's Maplewood apartment just 27 minutes after the shooting and that he couldn't have made the journey to and from the crime scene in less than an hour.

The CRU also claims Barrientos' appearance does not match the description of the shooter, which was provided by seven witnesses, who say the shooter was a Hispanic man with a bald or shaved head. Barrientos reportedly had short, dark hair at the time of the shooting.

During the trial, the prosecution "repeated the unfounded assertion" that one witness told an investigator that the shooter had short hair, despite no witness ever saying so, according to the CRU.

The CRU also reported finding that "investigators violated the eyewitness-identification protocols" and that a relative of the victim who witnessed the shooting did not select Barrientos' photo when presented with a suspect lineup. This information was never presented to the jury.

The witness who claimed to be in the drive-by vehicle was also a gang member and former suspect in the fatal shooting. The CRU said its investigation found that witness "unreliable" after he gave inconsistent accounts of the shooting. Investigators also said he would not go to jail if he testified against Barrientos, according to the CRU.

Barrientos was the only one convicted in the fatal shooting, despite the CRU report saying at least three people were involved, based on witness accounts.