The Conviction Review Unit (CRU) of the Minnesota Attorney General’s Office has recommended vacating the 2009 Hennepin County first-degree murder conviction of Edgar Barrientos and dismissing the charges. This recommendation follows a three-year investigation culminating in a 180-page report by the CRU.
Based on this report, Mr. Barrientos has filed a petition for post-conviction relief in Hennepin County District Court, seeking to vacate and dismiss all charges against him. The petition and CRU's report can be accessed through Minnesota Court Records Online using Court File Number 27-CR-08-53942.
Mr. Barrientos was convicted on May 28, 2009, for the murder of Jesse Mickelson, an 18-year-old high school student, who was shot on October 11, 2008. The prosecution's case relied heavily on two eyewitnesses identifying Mr. Barrientos as the shooter and another witness claiming to have been in the car during the drive-by shooting.
Mr. Barrientos’s defense argued mistaken identification and insufficient time for him to travel from Saint Paul to Minneapolis where the crime occurred. Despite some jury members initially favoring a not guilty verdict, Mr. Barrientos was ultimately found guilty of first-degree premeditated murder for gang benefit.
The CRU's investigation uncovered exculpatory evidence that supported Mr. Barrientos’s innocence claim and highlighted inaccuracies in how evidence was presented at trial. The unit found corroboration for his alibi that he was in Maplewood at the time of the shooting through security footage and phone records—evidence not presented during his trial.
Additionally, seven eyewitnesses described the shooter as having a bald or shaved head; however, video evidence showed Mr. Barrientos had short dark hair at that time. Misleading testimony suggested witnesses described someone with short hair similar to Mr. Barrientos’s appearance.
The CRU also identified significant issues with eyewitness identifications: protocols were violated during identification procedures, outdated photos were used misleadingly, and crucial exculpatory facts were omitted from both jury consideration and appellate review.
Furthermore, inconsistencies emerged from interviews with a principal witness who had been promised immunity if he testified against Mr. Barrientos despite providing conflicting accounts that contradicted known evidence.
The state’s investigation did not adequately consider alternative suspects after focusing on Mr. Barrientos alone, despite witness accounts indicating multiple perpetrators were involved in Jesse Mickelson's murder.
Given these findings substantiating Mr. Barrientos’s innocence claim, Attorney General Keith Ellison has recommended vacating his conviction and dismissing all charges against him.
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