Thursday, November 3, 2016

Flower Store Robbery of Senior in Minneapolis


2007-M-33             State of Minnesota, Respondent, vs. Marvin Haynes, Jr., Appellant.

DESCRIPTION OF CRIME:  On May 16, 2004, Haynes attempted to rob Jerry’s Flower Shop in Minneapolis.  He pointed a gun at employee C.M. and demanded money.  C.M.’s brother, S.H., distracted Haynes and C.M. fled out the back door.  She heard two shots and her brother died.

At a neighbor’s house, C.M. called 9-1-1 and looked out to see Haynes walking away.

First, on May 17, C.M. said she was 75- to 80-percent sure she had identified the shooter in a photo line-up, but that person had an alibi.  At a subsequent photo line-up, C.M. identified Haynes as the gunman.  Later, C.M. “got right off the chair” and identified Haynes from a live lineup.  She also identified Haynes in court as the person she saw in the flower shop on May 16 with the gun.   

Second, at trial, Haynes’s cousin, I.H., testified that he had given a statement to the police on May 28, 2004.  In the statement, which was tape-recorded and played for the jury at trial, I.H. said that Haynes told him on May 16 that Haynes was going to “hit a lick.”   I.H. understood this to mean that Haynes was going to commit a robbery.  I.H. also told police that Haynes’s friend, D.B., had a gun.  Finally, I.H. told the police that Haynes later called I.H. and told him that Haynes had used D.B.’s gun to shoot a white man on the corner “because he wouldn’t give up the money.”   I.H. made a similar statement to the grand jury.

Although I.H. denied those earlier statements at trial, I.H. contradicted himself later during his testimony when he said that he remembered what happened on May 16, 2004, and that what he told police in his May 28 statement was the truth.   

Third, A.T. also testified that he was with Haynes the morning of the murder and that Haynes said he was going to “hit a lick.” 

Fourth, another witness, J.C., testified that she had seen Haynes and a few of his friends the morning after the murder and that Haynes said “he had shot some old white man.”  J.C. also testified that she saw Haynes at his house and that Haynes said he could not come out because the police were looking for him.  Finally,

Fifth, J.W. testified that she had a conversation with Haynes in which Haynes bragged about shooting a man at the flower shop.

THE TRIAL:  During deliberations, the jury asked the district court to replay the tape of the 911 call to police and I.H.’s taped statement to the police.  The court complied with the requests by bringing the jury back into the courtroom and playing each tape once. 

A few hours after hearing the tapes, the jury came back with its verdict, finding Haynes guilty of first-degree murder and second-degree assault.  The court convicted Haynes and sentenced him to life in prison on the murder count plus 36 months on the assault count.

THIS APPEAL:  On this direct appeal, Haynes claimed (1) he was denied a fair trial when the district court granted the jury’s request during deliberations to replay a tape-recorded statement; (2) the prosecutor committed misconduct; and (3) he was denied a fair trial because the district court allowed the state to ask him about his prior contact with the police. 

Justice Gildea wrote the opinion for the unanimous Minnesota Supreme Court.

First, the Minnesota Supreme Court held that the district court did not abuse its discretion by replaying a tape-recorded statement once in open court during jury deliberations.

The district court in this case followed the analysis we offered in Kraushaar.  We said in Kraushaar that “it would have been preferable” for the court to have had the jury review the videotape in the courtroom, rather than allowing the jury to replay the videotape in the jury room.  The court in this case did precisely what we termed the “preferable” practice in Kraushaar.

Second, the Minnesota Supreme Court held that the state did not commit prosecutorial misconduct because the prosecutor did not intentionally violate the district court’s order not to ask about a witness’s fear of appellant and because the prosecutor did not improperly imply that the defense had a duty to produce witnesses.

At trial, the district court indicated that its ruling may have been unclear, and found that the prosecutor did not deliberately violate the court’s order.  The court also ruled that the question was not so prejudicial as to require a mistrial. 

Haynes also alleges that the prosecutor committed misconduct by improperly implying that the defense had a duty to produce witnesses.  We have said that prosecutors commit misconduct if they attempt to shift the burden of proof to the defendant.

But the prosecutor did not comment directly on Haynes’s failure to call a witness.  The cross-examination at issue was isolated, accounting for only three of forty-five pages of the cross-examination, and the prosecutor made no reference during his closing argument to this portion of the cross-examination or to the absence of testimony from the people Haynes testified saw him sleeping at the time of the murder. 

Third, the Minnesota Supreme Court held that the district court did not abuse its discretion by allowing the state to attempt to impeach Haynes with questions regarding his prior contact with the police. Haynes did not claim during trial that the questioning at issue improperly shifted the burden of proof.

Haynes’s final argument is that he was denied a fair trial because the district court allowed the state to ask him about his prior contact with the police. 

Haynes admitted that he gave false identifying information to the police on two occasions.  The state gave the appropriate notice in this case that if Haynes testified it would seek to impeach him with evidence of these lies and with evidence of his contacts with police “in proximity of the flower shop.”   (“The proper approach [is] for the prosecutor to give pretrial notice, which [gives] the defendant an opportunity to request a hearing on the issue before making a decision as to whether or not to testify.”). 

Gildea (Russell Anderson, Page, Paul Anderson, Hanson, Meyer, and Barry Anderson)

DATE OF DECISION:  January 4, 2007
RECORD NUMBER:  2007-005
FULL OPINION:  A05-2444
DESCRIPTION: [MURDER] [GILDEA] [ROBBERY]



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