A new judge must replace Hennepin County District Judge Charles Porter for the retrial of the man convicted of killing 11-year-old Tyesha Edwards in her home in 2002 by a stray bullet, Hennepin County Attorney Mike Freeman argued to the state Supreme Court on Tuesday.

Myon Burrell was 16 when he was convicted of the killing that jolted city leaders and became a rallying point against senseless gang violence.

The Supreme Court set aside his conviction and his statement to police was ruled inadmissible. Now 21, he remains in jail in lieu of a $1 million bond.

At issue is whether Porter should decide Burrell's fate. As the second trial was set to begin last spring, Burrell's lawyer Tracy Eichhorn-Hicks waived his right to a jury trial and asked that Porter decide the matter. He granted the request.

The county appealed to have Porter removed, citing comments the judge had made about the case. Both Hennepin County Chief Judge Lucy Wieland and a three-judge panel of the state Court of Appeals declined to remove Porter.

"Justice is not a result, but it is also a process the public can see," Freeman said to the six Supreme Court justices hearing the case, adding that there is "nothing fair or appearing to be fair" in Porter's handling Burrell's case.

During a spirited hourlong hearing, Chief Justice Russell Anderson asked Freeman whether prosecutors weren't judge shopping. Freeman said no, that Porter had encouraged dismissal and at one point even told Assistant County Attorney Mike Furnstahl to "blame it on me."

Eichhorn-Hicks countered that Porter's comments were focused only on dropping a charge that the crime was done "for the benefit of a gang."

Justice Alan Page seemed to buy the defense argument. "What am I missing?" he asked Freeman.

Freeman told him to read Porter's comments in a March session. In those comments, Furnstahl objected to Porter hearing the case. He said to the judge, "You made the statement to me that you thought the case should be dismissed."

Porter responded, "I thought that there were sufficient concerns about the state's ability to pursue this case, given where it now lies and given the impact on everybody."

Page later asked Eichhorn-Hicks if Porter's comments referred to the gang element. The defense attorney said "absolutely."

The justices, who have no deadline, gave no indication when they would rule. Justice Lorie Gildea recused herself. No reason was given and none is required.

Rochelle Olson • 612-673-1747

Rochelle Olson • raolson@startribune.com