San Diego Union-Tribune

MAN FREED AFTER JUDGE TOSSES CONVICTION

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A 35-year-old man who was sent to prison as a teenager for the 2004 killing of a man in a Minneapoli­s flower shop was set free Monday after a judge ruled the eyewitness evidence on which his conviction rested was unreliable.

Marvin Haynes, who was 16 at the time of the killing and had spent most of his life behind bars, was released from prison shortly after the judge’s ruling.

The Hennepin County Attorney’s Office said it agreed with defense attorneys that admitting the shaky evidence violated his constituti­onal rights during his 2005 trial for the killing of Randy Sherer, 55, who was shot during a robbery.

“I just want to thank everybody that supported me through this whole journey,” Haynes told reporters outside the Minnesota Correction­al Facility-Stillwater. “And now y’all can recognize that I’m actually innocent.”

Haynes later appeared at a news conference at the courthouse in Minneapoli­s with his attorneys, family members and Hennepin County Attorney Mary Moriarty. He said his next step would be to visit his mother, who had not been able to visit him in prison for the last three or four years since suffering a stroke. He said he now hopes to get a job and get his life back in order. And he recalled how he got the news on his birthday last Wednesday that Moriarty had agreed his conviction should be set aside.

“I shed tears,” he said. “I haven’t cried so much in 19 years. I’m so excited. Overwhelme­d with emotion.”

Moriarty told reporters she concluded after reviewing the case records that Haynes was innocent and his prosecutio­n was a “terrible injustice.” She said his conviction depended almost entirely on eyewitness identifica­tion and 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 Randy 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 towards righting this wrong.”

 ?? MARK VANCLEAVE AP ?? Marvin Haynes is hugged by a supporter Monday as he walks out of the Minnesota Correction­al FacilitySt­illwater in Bayport, Minn. A judge set aside Haynes’ murder conviction in the 2004 killing of a man.
MARK VANCLEAVE AP Marvin Haynes is hugged by a supporter Monday as he walks out of the Minnesota Correction­al FacilitySt­illwater in Bayport, Minn. A judge set aside Haynes’ murder conviction in the 2004 killing of a man.

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