A Minnesota judge has set aside the murder conviction of a man who was sent to prison for the 2004 killing of a man in a Minneapolis flower shop.
Marvin Haynes, who was 16 at the time of the killing, was met with cheers and a procession of family as he was released from his 18-year incarceration Monday – putting an end to a life sentence that has since been deemed unjust.
The decision comes from The Hennepin County Attorney’s Office, after prosecutors agreed Haynes, now 35, had proven in court that his constitutional rights were violated during his 2005 trial for the killing of Randy Sherer, 55.
Hennepin County Attorney Mary Moriarty on Monday called the Minneapolis man’s sentence a ‘terrible injustice’ – one carried out by the state of Minnesota via a haphazard prosecution.
Haynes, meanwhile – after embracing relatives on the steps of the detention center he has called home for nearly two decades – reacted to his lengthy incarceration, and reiterated his innocence.
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Marvin Haynes, 35, was met with cheers and a procession of family as he was released from his 18-year incarceration Monday – putting an end to a life sentence that has since been deemed unjust
Haynes, seen here during his near two-decade stint at Stillwater Prison, was 16 at the time of the killing, and was fingered after a slew of conflicting reports from eyewitnesses
The decision comes from The Hennepin County Attorney’s Office, after prosecutors agreed Haynes had proven in court that his constitutional rights were violated during his 2005 trial for the killing of a 55-year-old flower shop employee
‘I just want to thank everyone who supported me through this whole journey,’ Haynes began, all smiles as he was crowded by family and onlookers thrilled over his release.
‘Now you can all recognize that I’m actually innocent,’ he continued, in a brief statement on the Stillwater facility’s steps. ‘So, thank you.’
Appearing reflective as he spoke, Haynes was met with a rousing array of applause when he finished speaking.
Accompanied by his lawyer Andrew Markquart of the Great North Innocence Project, the former con proceeded to walk to a car with friends and relatives undeterred, to begin a second attempt at life 18 years after being tried as an adult while still a teen.
Those proceedings stemmed from a murder that took place at Jerry’s Flower Shop – nearly 20 years ago, a store where Sherer, 55, and his sister had been working the day of May 16, 2004.
During the day’s service, a still-unidentified male suspect stormed in demanding flowers for his mother’s birthday, but in lieu of money, produced a revolver and pointed it at Sherer’s sister, Cynthia McDermid, behind the counter.
Demanding money and the security tapes, the robber was then met with Sherer who emerged from the back, who defiantly said there was no money to take.
McDermid, witnesses later revealed, went on to flee, as two shots rang out.
The spat of gunfire left Sherer dead, and spawned an immediate investigation.
With the killer at large, McDermid billed him as being 19 to 22 years old with ‘close-cropped’ hair – and told cops after looking at a photo lineup that didn’t include Haynes she was 75 percent to 80 percent certain one man pictured was the shooter.
However, that man had an alibi, and two days later, police received a tip pointing to Haynes.
Marvin Haynes is surrounded by family members as he’s released from prison
Those proceedings stemmed from a murder that took place at Jerry’s Flower Shop – nearly 20 years ago, a store where the victim and his sister had been working the day of May 16, 2004.
The victim, Randy Sherer, was killed by a still-unidentified male suspect who demanded flowers for his mother’s birthday, but in lieu of money, produced a revolver and pointed it at Sherer’s sister, Cynthia McDermid, behind the counter. Sherer interjected, but was shot dead
Marvin Haynes, who was 16 at the time of the killing, was expected to be released from prison Monday
A booking photo showed him with a long afro and, at 5-foot-7 (1.7 meters), far shorter than the described shooter.
Investigators showed McDermid a photo lineup that included a photo of Haynes. But rather than the recent mugshot, they used a photo from two years earlier showing him with short, close-cropped hair. McDermid pinned him as the shooter.
Detectives arranged an in-person lineup. McDermid and a middle school who claimed to have seen a man fleeing the flower shop each chose Haynes, with varying degrees of confidence.
Nancy Steblay, a retired professor emeritus of psychology at Augsburg University, said the police department’s lineup method was flawed and created a high risk of error. She wrote in a report that mistaken eyewitness identification was faulted for nearly 80% of wrongful convictions in the first 200 cases overturned by DNA evidence.
During the 2005 trial, prosecutors relied on testimony from several minors who claimed to have heard Haynes bragging about the killing, including Haynes’ cousin Isiah Harper, who was 14 at the time. Harper has since signed an affidavit recanting, saying officers threatened to send him to prison if he didn´t help corroborate their theories about the case.
‘I was afraid,’ said Harper at the time, after also being jailed for abetting second-degree murder in an unrelated case.
‘We inflicted harm on Mr. Haynes and his family, and also on Harry Sherer, the victim, his family, and the community. We cannot undo the trauma experienced by those impacted by this prosecution, but today we have taken a step toward righting this wrong,’ Moriarty stated.
Judge William Koch held that absent the eyewitness evidence, which he deemed unconstitutional, ‘it is doubtful there would have been sufficient evidence to sustain a conviction.’ He noted that there was no physical evidence linking Haynes to the killing and dismissed all charges with prejudice, meaning they can’t be filed again.
‘We are delighted to see Marvin finally regain his freedom and for the truth of his innocence to win out,’ Attorney Andrew Markquart of the Great North Innocence Project, said in a statement.
‘We are thankful to the Hennepin County Attorney´s Office for recognizing the strength of Marvin´s claim and for demonstrating the most noble ideals of the prosecutor in recognizing past errors and prioritizing justice as the highest value.’
Marvin said in the same statement that he thanks ‘everyone who supported me through this long journey.’
Sherita Harris, Haynes’ sister, told FOX 9 that she was going to ‘run to him’ as soon as he’s released.
‘It’s been 19 years since my brother was wrongly convicted. This is the best day of my life right now,’ Harris said. ‘I’m happy. I thank the lord. The [Great North] Innocense Project are my heroes.’
