MINNEAPOLIS — Myon Burrell and his defense team are betting that a rarely used court proceeding will lead to a case involving gun and drug possession being dismissed.
Burrell - released from prison in 2020 after serving 18 years of a life sentence for murder - was subsequently pulled over for a traffic stop in 2023 when Robbinsdale police found a loaded handgun and drugs in his car. If found guilty, being a felon in possession of a handgun would result in a mandatory five-year prison term.
On Monday, Burell appeared in Hennepin County District Court, where his attorneys and Hennepin County prosecutors agreed to a rare proceeding known as a "stipulated evidence trial." Rather than go to a jury trial, both prosecutors and the defense will submit their evidence - in this case, mostly police reports and videos - to Judge Mark Kappelhoff, who will render a decision on Burell's guilt or innocence within 30 days.
If Burrell is found guilty, which both sides concede is likely due to the evidence against him, the case will go straight to the Minnesota Court of Appeals, which will decide whether the traffic stop that led to Burrell's arrest was legal. If the court rules the stop was unconstitutional, all charges against Burrell would be dropped.
Burrell's defense team has argued that the search of his vehicle without a warrant was unconstitutional, pointing to a recent Minnesota Supreme Court decision in which justices ruled the smell of marijuana alone does not justify a search. Hennepin County Judge Peter Cahill ruled against a motion to suppress the discovery of a gun and drugs in Burrell's car in May of this year, writing, "There was reasonable and articulable suspicion to support the initial stop... of drug use and driving under the influence to support an expansion of the stop to determine if Defendant was able to drive safely."
Judge Cahill added that the search was supported by probable cause.
If Judge Kappelhoff finds Burrell guilty of the gun and drug charges, he will sentence the defendant and then decide whether Burrell goes to jail or remains free, pending his appeal.
Myon Burrell was just 16 years old in 2002 when he was convicted of the murder of 11-year-old Tyesha Edwards in south Minneapolis. He was in prison in 2020 when a movement to free Burrell was fueled by an Associated Press article that raised questions about the police investigation in his case and subsequent prosecutions.
Gov. Tim Walz and Attorney General Keith Ellison, influenced by a report penned by a group of six attorneys from around the country, decided to commute Burrell’s life sentence and immediately release him from prison on the basis he was only 16 years old when he allegedly committed his crime.