MINNEAPOLIS (FOX 9) - A judge has vacated the murder conviction for a man who served nearly 18 years for the deadly shooting of a man in Minneapolis after prosecutors say a new ballistic analysis showed he couldn't have committed the slaying.
Conviction overturned in Minneapolis murder
What we know:
Jerrell Michael Brown, 38, was convicted of first-degree murder in the shooting of Darius Ormond Miller in August 2008. At the time, the ballistics analysis was inconclusive, and Brown was convicted based on circumstantial evidence and testimony from jailhouse informants who received benefits in their own cases.
Case revisited:
Recent advancements in 3D microscopy allowed two experts – including one hired by the Hennepin County Attorney’s Office – to reexamine the ballistics evidence. Both concluded the bullet that killed Miller could not have been fired by Brown.
New blood spatter analysis from an independent expert further supported the conclusion that Brown was not the shooter. At the time of Brown’s trial, ballistics analysis was inconclusive, and the conviction relied heavily on witness testimony. The new findings prompted the Hennepin County Attorney’s Office to recommend vacating the conviction.
The Hennepin County Attorney’s Office recommended vacating Brown’s conviction, and after the judge agreed, prosecutors dismissed the charges. Brown will now be released after nearly 18 years behind bars.
Case was featured on The First 48
Local perspective:
The Hennepin County Attorneys Office points out this is the second case that has been recommended for vacation that was featured on the television show The First 48. – a police documentary series that follows officers investigating crimes.
Prosecutors say the episode on Brown's case aired prior to his trial and "may have impacted the integrity of his criminal process."
What's next:
Brown was released on Tuesday from Hennepin County Jail after serving nearly 18 years behind bars.
Dig deeper:
In court documents, prosecutors say Brown claimed that Miller was actually killed by friendly fire from shots fired by a friend trying to protect him from people who were attempting to attack him.
The new analysis confirms Brown's claims.
According to the state's answer to Brown's petition for postconviction relief, prosecutors say the analysis shows that the bullet that killed Miller was likely fired by his friend who was firing from the street.
Statement on overturned conviction
What they're saying:
"The advancements in technology over the past nearly 18 years were critical to determining the truth of what happened on August 28, 2008," Hennepin County Attorney Mary Moriarty said in a provided statement. "Mr. Brown did not kill Darius Miller. That is a fact. While Mr. Brown was present at the scene that night, no other charges are appropriate at this point.
"My thoughts are with Mr. Brown as he is released from prison after serving nearly 18 years for a crime he did not commit, and especially with Darius Miller’s loved ones. For nearly two decades, there appeared to be closure and, while freeing Mr. Brown is the only acceptable course of action, I want to acknowledge how difficult this may be for them."