The Mercury News

Minnesota to free man serving life in 2002 killing of child

- By Robin Mcdowell and Margie Mason

MINNEAPOLI­S >> Minnesota’s pardon board on Tuesday freed a Black man who was sent to prison for life as a teen in a high-profile murder case that raised questions about the integrity of the criminal justice system that put him away.

Myon Burrell’s case made headlines earlier this year after The Associated Press and American Public Media uncovered new evidence and serious flaws in the police investigat­ion into the 2002 killing of an 11-year-old girl who was hit by a stray bullet while doing homework at her dining room table.

Last week, an independen­t panel of national legal experts recommende­d his immediate release after reviewing the facts and all of the available evidence.

Burrell went before the Minnesota Board of Pardons with a request for a pardon and commutatio­n. He said the request “is not in any way, shape or form me trying to minimize the tragedy of the loss of” Tysha Edwards. “I come before you, a 34-year-old man who spent more than half of his life incarcerat­ed for a crime I didn’t commit.”

The board commuted his sentence to 20 years, with the remainder to be served on supervised release. He was expected to be released from the state’s Stillwater prison Tuesday night. The board did not pardon Burrell.

A unanimous vote is normally required by the gover nor, attorney general and the chief justice of the Minnesota Supreme Court. Chief Justice Lorie Skjerven Gildea has recused herself from the decision.

“While this board is not a fact finder, it does have the power to determine when justice is served through the power of clemency and mercy,” said Gov. Tim Walz, who recommende­d the commuted sentence.

Burrell was 16 when he was sentenced in the killing of Tyesha, a Black sixth grader who was shot through the heart inside her family’s south Minneapoli­s home. He always maintained his innocence, and another man has confessed to being the shooter.

Walz addressed the Edwards family during the hearing, saying: “We’re not here to relitigate the crime committed against your family that took your daughter away. There is nothing I can do to ease your pain, and it will not be made better. But we must act today to recognize the law in this area has changed. Justice is not served by incarcerat­ing a child for his entire lifetime for a horrible mistake committed many years ago.”

Sen. Amy Klobuchar, who was the city’s top prosecutor at the time of the killing, has used Burrell’s conviction throughout her political career to tout her record of being tough on crime. She raised it again last year on the stage of the Democratic presidenti­al primary debate.

The AP’s yearlong investigat­ion, however, showed there was no hard evidence — no gun, DNA or fingerprin­ts — tying Burrell to the shooting. Among other things, police did not collect a corner store’s surveillan­ce video, which Burrell said could have cleared him. And video footage showed the lead homicide detective offering a man in police custody $500 for Burrell’s name, even if it was just hearsay.

Burrell’s co- defendants said the teenager was not at the scene that day.

New questions about Burrell’s case surfaced just before Minneapoli­s was thrust into the national spotlight after a police officer held his knee against George Floyd’s neck outside a convenienc­e store as Floyd gasped for breath. It was the same Cup Foods store that Burrell said could have provided his alibi if surveillan­ce tapes had been pulled.

Under public pressure after the AP report, Klobuchar threw her support behind the creation of the independen­t panel, saying it was just as important to protect the innocent as punish the guilty. In its report, the panel raised concerns about the police investigat­ion that mirrored many of those uncovered by the AP.

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