MINNEAPOLIS (AP) -- There are more twists in the long-running legal case over the 2002 killing of 11-year-old Tyesha Edwards, who was shot by a stray bullet while doing her homework at her dinning room table.

Hennepin County Attorney Mike Freeman is trying to have District Judge Charles Porter removed from the case against Myon Burrell, the man who will be re-tried for murder in Edwards' death. He was 16 when Edwards was killed. Burrell was also a resident of Bemidji and enrolled in the Area Learning Center.

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Prosecutor Mike Furnstahl swears that Porter told him the state doesn't have enough evidence and should drop the case, according to Freeman's motion.

The judge denied using those words but said he thought there were concerns about the state's ability to pursue the case, according to the motion. He agreed to the bench trial, which means the judge alone would hear the case, with no jury.

Furnstahl claims he asked the judge to deny the request or remove himself, saying, ``You made the statement to me that you thought the case should be dismissed,'' according to Freeman's motion.

Chief Judge Lucy Wieland will hear the motion on Monday asking that Porter be removed.

The state Supreme Court set aside Burrell's first conviction. His statement to police can't be used, and two key witnesses have died since his first trial.

Porter has declined to comment.