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Marvin Haynes conviction hearing | kare11.com
Haynes received an evidentiary hearing this week, as a judge considers whether to toss his conviction.
MINNEAPOLIS — Marvin Haynes’ conviction in a high-profile May 2004 murder case returned to the public spotlight this week, after a judge granted an evidentiary hearing in Hennepin County District Court.
Judge William H. Koch heard testimony Monday and Tuesday from numerous witnesses, including Haynes’ relatives and one of the former investigators on the case. The evidentiary hearing will continue with one more witness appearing on Dec. 20, after which the judge could decide to vacate Haynes’ conviction or let it stand.
Haynes was convicted in Sept. 2005 for the murder of 55-year-old Harry “Randy” Sherer, the owner of a flower shop in north Minneapolis. After the jury found Haynes guilty, he reportedly said out loud in the courtroom, “I didn’t kill that man!”
“Marvin has proclaimed his innocence since Day One,” his sister, Marvina Haynes, said. “There’s nothing linking Marvin to the crime scene. The evidence — they don’t have any.”
The Minneapolis-based Great North Innocence Project is leading Haynes’ legal challenge for post-conviction relief, arguing in court filings that the original trial relied on “false evidence” from witnesses and “constitutionally defective eyewitness identification evidence.” Haynes’ attorneys claim that important eyewitness testimony in the case “should have been suppressed because it was the result of highly suggestive identification techniques and was wholly unreliable.” There was no physical evidence linking Haynes to the murder.
During Monday’s portion of the evidentiary hearing, a former detective on the case also questioned the identification and lineup process used during the original investigation. On Tuesday, family members — including Marvina Haynes — then provided an alibi for Haynes. His cousin, a key witness in the case, also said Tuesday in court that he was pressured to relay word of Haynes’ supposed confession to police.
Haynes himself also testified, just as he did two decades ago for a jury.
“This is one of the most amazing days of our life, to be able to tell our side of the story,” Marvina Haynes said. “Why did it take 20 years for someone to listen to my family?”
The Hennepin County Attorney’s Office, which is defending its conviction during the evidentiary hearing, did not respond to a request for comment. Ultimately, if the judge were to vacate Haynes’ conviction, Hennepin County Attorney Mary Moriarty would have the authority to decide whether to pursue a new trial.
Former Assistant Hennepin County Attorney Mike Furnstahl, who served as the lead prosecutor during the 2005 trial, said suggestions of Haynes’ innocence are “really a joke.”
“The reason this case is coming back now is not because there’s substantial and compelling evidence that Marvin Haynes is innocent, but rather because political winds are blowing in his favor,” said Furnstahl, who was also the prosecutor in the Myon Burrell case. “If the judge grants the petition for post-conviction relief, I would make sure the Hennepin County Attorney’s Office files an appeal on it. I wouldn’t let them just stand by and let this guy walk out of prison. Because [Haynes] murdered that man. There was no question in my mind. There was no question in the jurors’ minds.”
Furnstahl stands by the merits of the original law enforcement investigation and lineup process. He also said he’s not convinced by testimony this week from relatives about Haynes’ alibi, nor is he convinced by fresh testimony from Haynes’ cousin, who said both in 2005 and now that he felt “threatened” to tell police his cousin had confessed to the murder.
“His cousin told us that Haynes confessed to him. He testified at the grand jury that Haynes confessed to him. Then, at the trial, he said ‘no, I’m lying, I was forced to say that,'” Furnstahl said. “Then, on cross-examination I got him to admit that what he said initially and what he testified to with the grand jury, was the truth. This was in front of the judge and in front of the jury. If they thought there was coercion on my part, they would have voted to acquit Marvin Haynes… that, and the cross-examination of Haynes, you couldn’t believe a word he said.”
Haynes’ sister Marvina, however, argues that the case revealed a failure in eyewitness identification procedures and points to the lack of any physical evidence connecting her brother to the murder.
She said she’s hopeful the judge will rule in favor of her family this time.
“I hope that, no matter what pressure he may be under, that he follows the law and the constitution,” Marvina Haynes said, “and the evidence that was presented to him.”
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Fire officials say the flames started in a garage but then jumped to an apartment building and hotel.
MINNEAPOLIS — The Minneapolis Fire Department (MFD) evacuated residents after a four-alarm fire sparked on the city’s south side late Wednesday night.
The fire chief told KARE 11 that the fire started in a garage unit on the 5600 block of Lyndale Ave. S and quickly jumped to a motel and apartment complex nearby. All three will be declared a total loss.
The Red Cross was called to help a reported 50 displaced tenants find a place to stay. Two firefighters and one resident were medically evaluated for injuries.
Fire crews used an aerial ladder water tower to dump large amounts of water on the apartment building in an effort to knock down the flames.
KARE 11 will update this story as more information is available.
Jerry McAfee, founder of 21 Days of Peace, said many of these kids are committing crimes for recreation and don’t understand the consequences of their actions.
MINNEAPOLIS — Community leaders say they were disheartened to see the latest string of youth crime, but they’re not shocked.
“The youth that age and younger have been participating in criminal activity long before you guys just found out,” said KG Wilson, a retired peace activist.
Wilson said the perception of kids committing crimes is hard for people to imagine.
“Nobody wanted to believe that these children this young would be doing this type of criminal activity in the community,” he said. “Instead of them listening to the few of us that we’re trying to tell them about this before it gets worse, it got worse. And then you got the taps on the hands because a lot of these kids have been doing this for years.”
Jerry McAfee has seen the same things. He’s the founder of 21 Days of Peace and works with dozens of kids to keep them on the right path.
“This behavior is not new. What is new is we are yet to be alarmed to the point that the necessary synergy is created to get ahead of that stuff and to try and stop it,” McAfee said.
He believes it’s time for a new approach.
“What we were doing three or four years ago and have been doing the last few years isn’t working. It’s getting worse. So, if it’s getting worse just stop, admit it’s not working, and let’s put something together,” he said.
McAfee said many of these kids are committing crimes for recreation and don’t understand the consequences of their actions.
“That’s the message they got to get. This is not games. This is real-life,” he said. “I don’t think there is many repercussions, and what kids deem now as fun is dangerous.”
Wilson agrees the problem is getting worse each year, and kids and teenagers need to be held accountable.
“There’s going to have to be some consequences to their actions and they’re going to have know, these children are going have to know if you do this, this is what’s going to happen to you,” Wilson said. “If that doesn’t happen, they’re going to say and think in their mind, we can do anything we want and we’re just going to get a pat on the hand.”
He said it’s not all on the parents. He said some of them have tried to get their child help, but nothing seems to work.
“A lot of times these kids have gotten so out of control that some of the parents fear them. The parents fear them,” he said.
Wilson believes people need to become neighbors again and look out for kids on their block.
“We got to start getting back to community meetings,” he said. “It’s about tough love. It’s going to have to be about tough love. You’re going to have to get tough. It’s either you’re going to let them go, let the streets have them, or you’re going to take them back yourself.”
McAfee said it might be time to air public service announcements explaining the consequences of committing crimes.
The boy had been last seen on the 2500 block of 14th Ave S.
MINNEAPOLIS — Police in Minneapolis say a 4-year-old who was reported missing has been found safe.
According to the Minneapolis Police Department, Jacob Gonzalez Orbe had been last seen around 3:40 p.m. Wednesday on the 2500 block of 14th Ave S.
In an update Monday evening, police said he was found and is safe.
This story has been updated from a previous version.
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