A formal ethics complaint has been filed against Hennepin County Attorney Mary Moriarty, alleging misconduct in the recent post-conviction case of Marvin Haynes, Jr.
The complaint, filed by former Assistant Hennepin County Attorney Mike Furnstahl, who served as the lead prosecutor during Haynes’ trial, accuses Moriarty of manipulating evidence to achieve a politically motivated outcome, resulting in the release of Haynes, who had been convicted of murder and assault in 2006.
Background of the case
Marvin Haynes, Jr. was convicted in 2006 of first-degree murder for the killing of Harry Sherer and second-degree assault for threatening Sherer’s sister, Cynthia McDermid, with a firearm. Haynes’ conviction was upheld on appeal, and for several years, he did not contest his convictions. However, in June 2023, Haynes filed a petition for post-conviction relief, well beyond the statutory time limits for such petitions. According to the complaint, Moriarty inexplicably agreed to waive these time limits, allowing the petition to proceed. Haynes’ convictions were overturned in December.
Allegations of misconduct
The complaint, brought forward by Furnstahl, asserts that Moriarty’s actions were not in the interest of justice but rather driven by a desire to enhance her reputation as a criminal justice reformer. It is alleged that during Haynes’ evidentiary hearing in November 2023, Moriarty instructed prosecutors not to contest Haynes’ evidence. This decision was reportedly made despite substantial evidence supporting Haynes’ guilt, including his own confessions to five different individuals, four of whom testified at his trial, the complaint says.
Furnstahl further alleges that Moriarty signed a stipulation granting Haynes’ petition before the hearing process was completed, bypassing the trial court’s judgment. This move, the complaint argues, undermined the integrity of the judicial process and disregarded the jury’s original verdict.
“Instead of letting the trial court make that decision after a full and fair hearing, she took it upon herself to decide Haynes’ fate. Instead of agreeing to a new trial, she agreed to vacate the convictions. She did this because she, and she alone, concluded that Haynes was innocent,” Furnstahl writes.
Controversial testimony and evidence
A key point of contention is Moriarty’s handling of the identification procedures used during Haynes’ original trial. The complaint highlights that Haynes’ trial counsel had contested the procedures, but they were ruled admissible. Despite this, Moriarty cited these procedures as a basis for vacating Haynes’ convictions, according to the complaint.
The complaint raises concerns about the testimony of Mike Keefe, one of the original investigators in the case. Keefe testified during the post-conviction hearing that he had always doubted Haynes’ convictions due to the use of the in-person lineup, which he claimed to have opposed, the complaint says. However, according to the complaint, Keefe had fully agreed with the procedure at the time and had never previously expressed any doubts about Haynes’ guilt.
The complaint also suggests that Moriarty suppressed crucial evidence that would have challenged Keefe’s credibility, including his alleged history of bias against the Minneapolis Police Department and various misconduct allegations.
Moriarty has reportedly suggested in press interviews that the case should never have been brought to trial in the first place—a direct critique of the decision made by then-Hennepin County Attorney Amy Klobuchar, now U.S. Sen. Amy Klobuchar, D-Minn.
Call for investigation
Furnstahl’s complaint calls for a full investigation into Moriarty’s conduct, arguing that her actions may have violated several rules of the Code of Professional Conduct. It suggests that Moriarty’s decisions were influenced by a desire to generate positive publicity amidst mounting criticism in her role as county attorney.
“It is without question that conduct is egregious where a prosecutor suppresses evidence that is favorable to a criminal defendant. It is likewise egregious where a prosecutor suppresses evidence favorable to the prosecution, especially where such a decision is motivated by an attempt to curry favorable publicity,” Furnstahl writes.
Another professional conduct complaint was filed against Moriarty in July related to her handling of Trooper Ryan Londregan’s case.
Alpha News reached out to the Hennepin County Attorney’s Office and Sen. Klobuchar’s office for comment but did not receive a response.
Jenna Gloeb
Jenna Gloeb is an Edward R. Murrow Award-winning journalist, media producer, public speaker, and screenwriter. Most recently, she worked as a reporter and on-air host for CCX Media. Jenna is a Minnesota native and resides in the Twin Cities with her husband, son, daughter, and two dogs.
