Conviction Review Unit recommends overturning a 2009 murder conviction

Editor's note: The above video first aired on July 16, 2024.

More than a decade after Edgar Barrientos was sentenced to life in prison, his case could be dismissed or stayed.

The Conviction Review Unit of the Minnesota Attorney General's Office recommended that Barrientos' 2009 conviction be overturned and the charges against him be dropped.

Barrientos was found guilty of murdering 18-year-old Jesse Mickelson, who was killed in a drive-by shooting in October 2008.

That October evening, Mickelson was at a family member's birthday party and was playing football outside when, according to witnesses, a white car drove up and a passenger began shooting at another group, hitting Jesse.

The prosecution relied on two teenage witnesses associated with a rival clique who identified Barrientos as the shooter. There was no physical evidence linking Barrientos to the shooting.

The CRU report focuses on numerous failures in the justice system, starting with the witness's description of the shooter.

The case, which was featured on A&E's “The First 48,” involved several people who now hold high positions. Detective Chris Gaiters is now an assistant chief of the Minneapolis Police Department. And the Hennepin County Assistant District Attorney who handled the case, Hillary Caligiuri, is now a judge.

The CRU report argues that because this episode aired less than a month before the trial, it almost certainly constituted a perversion of justice and contributed to Barrientos' conviction.

“The two gang witnesses were aware of the episode before the trial. One of them watched the footage of Barrientos' arrest and interrogation before testifying in court. He also likely saw the identification of Barrientos by another gang witness that was broadcast in the episode. The show edited the identification footage to make it seem much more convincing than it actually was. The show also produced hours of footage that was never examined by the defense,” the CRU report said.

The Hennepin County District Attorney will now give his opinion on whether to agree with the CRU before the judge decides how to proceed.