Judge’s gavel, scales of justice and law books in the courtroom. (Brian A. Jackson/South Florida Sun Sentinel)
MINNEAPOLIS (FOX 9) – A man was wrongfully convicted of murder in a 2008 shooting that left a Minneapolis high school student dead, according to the Minnesota Conviction Review Unit (CRU).
The CRU is now calling for the conviction of 41-year-old Edgar Barrientos to be overturned after a three-year investigation and a 293-page report revealed evidence that was never presented to the jury and inaccurate information presented at trial.
Details of the fatal 2008 shooting
Jesse Mickelson, an 18-year-old high school student, died in his neighbor’s driveway after being shot shortly after sunset on October 11, 2008.
Investigators noted that the case had similarities to gang-related drive-by shootings, but did not believe Mickelson was the target or a gang member.
The trial reportedly relied on the testimony of two eyewitnesses who identified Barrientos as the shooter, one of whom also claimed to have been in the car from which the fatal shots were fired.
Barrientos’ defense argued he could not have been at the scene of the shooting, which occurred just behind Roosevelt High School in south Minneapolis, because he was at a grocery store on St. Paul’s east side 33 minutes before the shooting. The defense also said it was a case of mistaken identity.
The jury then deliberated for three days and, according to the CRU report, was split on one point; three jurors favored acquittal.
However, on May 28, 2009, the jury found Barrientos guilty of first-degree premeditated murder in aid of a gang.
Post-conviction review
The CRU said it found evidence not presented to the jury that corroborated Barrientos’ alibi. The CRU said he was at his girlfriend’s Maplewood apartment just 27 minutes after the shooting and he could not have traveled to the crime scene and back in less than an hour.
The CRU also claims that Barrientos’ appearance does not match the description of the shooter provided by seven witnesses who say the shooter was a Hispanic man with a bald or shaved head. Barrientos is said to have had short, dark hair at the time of the shooting.
During the trial, according to CRU, the prosecution repeated the unsubstantiated claim that a witness told an investigator that the shooter had short hair, even though no other witness had ever said this.
The CRU also reported that “investigators violated eyewitness identification protocols” and that a relative of the victim who witnessed the shooting did not select Barrientos’ photo when presented with a lineup of the suspects. This information was never presented to the jury.
The witness who claimed to have been in the drive-by vehicle was also a gang member and former suspect in the fatal shooting. The CRU said its investigation found the witness to be “unreliable” after he gave conflicting 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 person convicted in connection with the fatal shooting, although the CRU report, based on witness testimony, estimated that at least three people were involved in the incident.
What happens next?
The Minnesota Attorney General’s Office recommended that Barrientos’ conviction be overturned and the charges against him be dropped.
Barrientos has since filed a motion for post-conviction relief in Hennepin County Court.
The petition states that prosecutors have 45 days to respond while the motion is being considered by a judge.
