Marvin Haynes, a 35-year-old north Minneapolis man who has been imprisoned at Stillwater prison since he was a teenager, should never have been convicted of a murder that took place in a flower shop nearly 20 years ago, a Hennepin County judge said on Tuesday. His conviction has being vacated.
Judge William Koch has signed a agreement between Haynes and the Hennepin County Attorney’s Office — which charged him in the murder of 55-year-old shop clerk Randy Sherer— saying a flawed investigation violated Haynes’ rights.
Faulty identification evidence, including the use of an out-of-date mugshot and lineup errors, were used to wrongfully convict the then-17-year-old, according to the stipulation between the defense and prosecuting attorney’s office.
Haynes will be released from the Stillwater prison on Monday morning. His lawyers and sisters are waiting for him.
“It feels incredible. We believe fully in his innocence and it’s been a long-time coming for him and his family,” said Haynes’ lawyer Andrew Markquart of the Great North Innocence Project. “We’re just thrilled and happy to be able to play a part in his story.”
In 2004, a robber shot and killed Sherer in his family’s flower shop on North 33rd and Lyndale avenues in north Minneapolis. Police found no physical evidence to identify the killer. Sherer’s sister Cynthia McDermid was the only eyewitness. She described her brother’s killer as a thin Black male who was nearly six feet tall, 180 pounds, with “close-cropped” hair.”
Haynes, then 16, was arrested for missing court on a curfew violation. He stood 5-foot-7 inches tall, weighed 130 pounds and sported a long afro. But instead of showing McDermid an up-to-date booking photo of Haynes, investigators used a two-year-old mugshot of him with short, close-cropped hair matching the witness’ description. She eventually picked Haynes.
Haynes appeared in court last month for a two-day evidentiary hearing in the case. His lawyers argued that the mugshot and other problems with the investigation and trial were unnecessarily suggestive, departing from best practices and warranted overturning the conviction. The Hennepin County’s Office agreed.
The order signed by Koch dismissed all charges in the “interests of justice.” In lieu of any physical evidence linking Haynes to the crime, and “absent introduction of the unconstitutional eyewitness identification evidence, it is doubtful there would have been sufficient evidence to sustain a conviction,” according to the order.
“I want to thank the Great North Innocence Project, (former legal director) Julie Jonas, my family and friends, and everyone who supported me through this long journey,” said Haynes in a news release.