Moriarty recommends overturning 2009 murder conviction

In the presence of the sisters of murder victim Jesse Mickelson, Hennepin County District Attorney Mary Moriarty announced that she believes in the innocence of the man convicted of Mickelson's death.

“And that he was convicted of a crime he did not commit,” Moriarty said. “We support Edgar Barrientos-Quintana's request for rehabilitation.”

The 18-year-old victim was caught in a drive-by shooting in October 2008.

Minneapolis police, accompanied by cameras from A&E's The First 48, arrested Edgar Barrientos-Quintana. He was convicted by a jury of first-degree murder.

But the Attorney General's Conviction Review Unit took another look at the case, examining eyewitness accounts that suggested the killer was bald, unlike Barrientos, and re-examined Barrientos' alibi, the crime scene in south Minneapolis.

Mickelson's sisters apologized to Barrientos and his family.

“The most important thing for me right now is that the judge decides in favor of the lawyers here and the Attorney General's office and releases him. Because I don't want someone who is not guilty of the crime to spend more time than necessary,” said Tina Rosebear.

One of the jurors who convicted him also spoke at the behind-the-scenes press conference.

“And I would not have made this decision if I had known what I know now. But I wish I had known, because we can't undo what we've done,” Sarah Wolf said.

Former prosecutor Susan Crumb still believes Barrientos is guilty. In a memo to Moriarty, Crumb wrote that the jury learned all about the alibi and hair length at trial. She called the conviction review unit's investigation the product of “confirmation bias.”

Hilary Caligiuri also served as a prosecutor in this case when she worked for the Hennepin County District Attorney's Office. Deputy Police Chief Chris Gaiters was one of the investigators in this case in 2008.

Minneapolis Police Chief Brian O'Hara agreed.

“I am concerned that a convicted murderer will be released based on a reinterpretation of old evidence rather than the existence of new facts,” O'Hara said.

The next step will be for a judge to decide whether or not to overturn the conviction. Moriarty said they have not yet decided whether to charge someone else with Jesse Mickelson's murder.