Man Released After 17 Years: Eyewitness Evidence Deemed Unreliable

  • by:
  • Source: Wayne Dupree
  • 12/11/2023
On Monday, a 35-year-old man was released from prison after being incarcerated for the murder of a man in a Minneapolis flower shop back in 2004. The decision to release him came after a judge determined that the eyewitness evidence, which had been the basis for his conviction, was deemed unreliable. According to the AP, Marvin Haynes, who was 16 years old at the time of the killing, was released from prison soon after the judge made their ruling. 

According to the Hennepin County Attorney's Office, they have acknowledged the defense attorneys' claim that Haynes had successfully demonstrated in court that the inclusion of unreliable evidence in his 2005 trial for the murder of Randy Sherer was a violation of his constitutional rights. Sherer, aged 55, was fatally shot during a robbery. Haynes expressed gratitude towards all those who had provided support throughout the entirety of his journey, as he addressed reporters outside the prison. Now, it is important to acknowledge that I am, in fact, innocent.

According to a statement made by Hennepin County Attorney Mary Moriarty, the prosecution of Haynes has been deemed a "terrible injustice." According to her statement, the individual's conviction hinged primarily on eyewitness identification, with no supporting forensic evidence such as fingerprints, DNA, or video footage linking him to the crime. According to Moriarty, it was stated that harm was caused to Mr. Haynes, his family, as well as to Harry Sherer, the victim, his family, and the community. The trauma endured by those affected by this prosecution cannot be reversed, but a significant stride has been made today in rectifying this injustice.

In the case under consideration, Judge Koch recently conducted a two-day evidentiary hearing. In his order, the judge noted that the attorneys representing Haynes, who are affiliated with the Innocence Project, presented evidence demonstrating that Haynes did not correspond to the physical description given by the main eyewitness. 

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According to the judge, Haynes was found to be considerably younger than the description provided for the killer. Additionally, Haynes was reported to be approximately 50 pounds lighter and noticeably shorter in stature. In addition to the witness's description of the attacker, it is worth noting that Haynes had noticeably longer hair and his manner of speech differed from what was described.
 
In addition, the judge identified issues pertaining to the manner in which investigators carried out a photo lineup, which notably omitted the inclusion of Haynes. The individual whom the witness initially identified, expressing a level of certainty between 75-80%, was actually located in a different state during the occurrence of the crime. In the investigation, authorities employed a previously taken photograph of Haynes, wherein he had short hair, for a subsequent lineup. However, it should be noted that Haynes had since grown his hair out, resulting in a different appearance at the time of the lineup. Haynes was not identified as the killer by the eyewitness until a third lineup and during her trial testimony. 

During the course of the hearing, Haynes consistently asserted his innocence, while the testimonies of four of his sisters corroborated his alibi that he was asleep at home in close proximity to the time of the crime. In a statement, Attorney Andrew Markquart of the Great North Innocence Project expressed his delight at Marvin's long-awaited freedom and the triumph of his innocence being recognized.




 

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