Deshaun Hill Jr. was supposed to have graduated from high school earlier this month.
And just weeks before he was meant to receive his diploma with the rest of his Minneapolis North High School classmates the Minnesota Court of Appeals reversed the conviction of the man who killed the 15-year-old quarterback.
Despite a vow from Hennepin County Attorney Mary Moriarty to appeal the ruling to the Minnesota Supreme Court and retry the case depending on the outcome of the appeal, the reversal has reopened wounds felt by a community still mourning the loss of the promising teenager.
“(The decision) reinforces the devaluing of Black life in Minnesota and our feelings that it’s very difficult to obtain justice,” said Nekima Levy Armstrong, a civil rights attorney, activist and north Minneapolis resident. “It feels like a slap in the face to a community that has already dealt with so much pain and trauma that we have yet to get to heal from.”
The Court of Appeals late last month ruled the state failed to prove statements provided by Cody Fohrenkam, who was convicted of Hill’s murder and sentenced last year to more than 38 years in prison, were legally obtained.
Related | Cobb family calls for DOJ probe into Minnesota State Patrol after trooper murder charges dropped
Shortly after the shooting, Minneapolis Police investigators learned that Fohrenkam was in custody in Carlton County on unrelated charges and traveled there to interrogate him, but did so after he was due to be released. In his appeal, Fohrenkam argued the investigators violated his constitutional rights by interrogating him after a judge had ordered his release, and the unlawfully obtained statements could have influenced the jury’s decision, prompting the appellate court to reverse the conviction.
“It’s the state’s job to show that (Fohrenkam) should have been detained and they didn’t introduce any evidence of that, and the trial judge didn’t require evidence of that,” said Rachel Moran, University of St. Thomas School of Law professor and founder of the school’s Criminal and Juvenile Defense Clinic. “That had huge ramifications for Deshaun Hill’s family and this community … but it all boils down to the judge’s and the prosecutor’s error in not introducing evidence to show that (Forrenkam’s) confession was properly obtained.”
In the days following the court’s decision, Moriarty released a video vowing to appeal the reversal of the conviction to the Minnesota Supreme Court in an effort to ensure the conviction stands and Fohrenkam serves out the rest of his sentence. If the Supreme Court decides not to take up the case or agrees with the ruling of the appellate court, Moriarty said her office will retry the case. If the Supreme Court disagrees with the Court of Appeals’ reversal, the conviction will be officially reinstated and Fohrenkam will serve out the rest of his sentence.
Fohrenkam remains in custody as the process plays out, but should the case be retried his attorneys will have the right to ask for another bail hearing in an effort to have him released. But Moriarty’s office will again ask for a high bail amount to keep him in custody “because we believe he is a danger to the community (and) we have every reason to expect the courts will set high bail,” she said.
“D Hill was an inspiration to many – to many of you and to many in the community,” Moriarty said in the video statement. “I want to assure you as Hennepin County Attorney, we will do the very best we can to make sure that the person who murdered him is held accountable.”
Hill, the starting quarterback of the high school’s football team, was a renowned figure among his classmates and the north Minneapolis community at large. A docuseries aired on Showtime, “Boys in Blue” was meant to showcase the football team and the police officers who coached them in the aftermath of George Floyd’s murder, but Hill’s killing toward the end of filming gave the series a sense of sadness along with the pride felt by the community around the team.
Moran said while it’s not surprising Moriarty decided to appeal the ruling instead of immediately moving to retry the case, another trial seems like the inevitable outcome.
“I think they don’t want to have to retry the case because it’s obviously time and effort consuming, and I think they’re also trying to make a show of support for Hill’s family by saying they disagree with the ruling,” Moran said. “But I think it would actually be a little bit unlikely for the Supreme Court to take this case, so ultimately, it might just be a step they’re taking but it ends up that they need to retry the case anyway.”
Levy Armstrong said she trusts Moriarty to do what she can to pursue justice for Hill and his family, and urged community members to have patience as this process unfolds.
“It is important for us to have patience while the case is working its way through the judicial system, and to also have faith that at the end of the day that justice will prevail in this situation, one way or the other,” she said. “That is a lot to ask for (from) our community, which has already been kicked so many times, but I think that it’s necessary at this moment for us to take that approach.”
Mohamed Ibrahim
Mohamed Ibrahim is MinnPost’s environment and public safety reporter. He can be reached at mibrahim@minnpost.com.
