Moriarty Joins Call To Vacate 2009 Murder Conviction, Case Now Heads To Judge’s Desk

Moriarty Joins Call To Vacate 2009 Murder Conviction, Case Now Heads To Judge’s Desk

Hennepin County Attorney Mary Moriarty on Monday joined in the call to vacate the murder conviction against Edgar Barrientos-Quintana in the 2008 killing of 18-year-old Jesse Mickelson.

Barrientos-Quintana was convicted of first-degree murder in 2009 and is currently serving a life sentence.

At trial, prosecutors relied heavily on eyewitness testimony identifying Barrientos-Quintana as the shooter and another witness who claimed to be in the drive-by car at the time of the shooting. Meanwhile, defense attorneys argued unsuccessfully that Barrientos-Quintana was grocery shopping in St. Paul and couldn’t have driven to the crime scene in time.

Minneapolis Police Chief Brian O’Hara says investigators acted with the utmost integrity.

“I’m concerned that a convicted killer will be set free based only upon a re-interpretation of old evidence rather than the existence of any new facts,” O’Hara said.

The state Conviction Review Unit (CRU) submitted a 182-page report in August advocating for all charges against Barrientos-Quintana to be dismissed, arguing that surveillance video and the defendant’s phone records corroborated his alibi and that there was “no physical evidence” connecting him to the crime.

Surveillance footage showed Barrientos-Quintana at a Cub Foods on the East Side of St. Paul 33 minutes before Mickelson was shot. The phone records — which were never presented to jurors — indicated Barrientos-Quintana was at his girlfriend’s apartment in Maplewood 27 minutes after the shooting.

“Mr. Barrientos-Quintana could not have made the journey to and from the crime scene in less than an hour. The jury never heard this evidence that corroborated Mr. Barrientos-Quintana’s alibi,” the Attorney General’s Office said.

One of the Hennepin County prosecutors on the case at the time was Hilary Lindell Caligiuri. She has since been appointed to the bench as a Hennepin Co district court judge.

A court spokesperson sent 5 EYEWITNESS NEWS a statement saying, “The Code of Judicial Conduct prohibits Judge Caligiuri from commenting on a pending or impending case.”

After the CRU submitted its recommendation for the conviction to be vacated, the case was sent to Moriarty’s office. The case now heads to a retired Anoka County judge’s desk for a decision.

“Almost 15 years ago, a grievous injustice occurred,” Moriarty said at a news conference Monday afternoon, stating that her office agrees with the recommendation made by the CRU.

If a judge vacates Barrientos-Quintana’s conviction, Moriarty said her office will dismiss the charges filed against him.

SOURCE: abc KSTP.COM