Jerry Burns, Mr Burns, Cherry Burns discussed on Court Junkie
I don't know specifically I don't I don't know without reviewing all those reports again to see if they were specifically asked about that investigator. Denlinger noticed that Jerry Burns had been blinking lot during his interview at his business. The defense said this was because he has glaucoma and uses medicine in his eyes burns. Ran A powder coating business. Which painted metal and put a durable? Finish on it while you're asking about Scars on Mr Burns's hands. Explain those cars deal. He said he had lots of scars. And he didn't know where they all came from fact he told you about an accident and he had there. The business didn't he work whereas hand got smashed or cut by some equipment. Yes he did. Burns admitted during that interview to going Christmas shopping over the years at West Stale Mall. He said he didn't believe his. Dna was there however and had no recollection if he was there on the night in question on redirect investigator. Denlinger said he thought this was all a lie. Did he indicate to you? Specifically at any point in time that on December nineteenth nineteen seventy nine. He was Christmas shopping. A No as indicated by the questions you're asked by Mr Speeds to Jewish and other investigators Conduct what you could. As far as a comprehensive check of Mr Burns background we did in with that Pertained into referred to sometimes as some intelligence. Just figure out what was going on his life back then. Yes in through that. Were you able to develop any kind of Connection between him Michelle Marchenko. None a former cellmate of burns testified that he spoke to the defendant about the murder. I ask Jerry. Did you do the crime? And he said he couldn't talk about it. Michael Alison said Alison shared a cell with Burns starting in September. Two Thousand Nineteen. He's in jail on federal charges of conspiracy to distribute methamphetamine. He has also been previously convicted of fraud and bringing undocumented immigrants into the country ellison said he and Burns became close and that Burns would sometimes call him son. He said they would often play. Pinochle and talk quote he told me if I keep beating him in pea knuckle he was GonNa have to take me to the mall. Ellison said that on another occasion Burns mentioned that nobody was thinking about DNA back then. The prosecutors played a jailhouse video in which burns can be seen autographing of photo of himself in the newspaper for Allison on January eleventh. Two Thousand Twenty. The defense pointed out that this occurred just days after Ellison's own plea agreement was rejected by judge. The agreement would have sentenced him below federal mandatory minimum guidelines. Alison testified that. He's facing fifteen to twenty five years in prison attorney's fees asked if he was using his testimony as a bargaining chip. Alison said. He didn't have a cooperation deal. Speeds later pointed out. That allison was alone in the jail cell with the box containing Burns's discovery material. This date rested their case. And the defense again. There's they started by calling Dr Michael Spence a forensic DNA consultant. He reviewed the case file and he explained to the jury how trace amounts of DNA can be detected after direct and indirect contact. The defense asked him knowing that Michelle Marchinko attended a banquet at a hotel and was at a shopping mall in the night of her death. Would you expect to find other DNA on her clothing? I think I would expect to find a DNA from others on anybody's clothing As long as they've worn it for any amount of time and you can even have washed clothing clothing items that people have worn for. Let's say years and they're actually washed and dried and you test those for DNA and you can have a on those as well sometimes even the Washington Dry cleanings not gonNA remove all the DNA but if you're interacting with other people they're going to be instances such as the spittle that. I accidentally put on this microphone. Just talking to people you can get. Dna on their clothing from that doctor spent said DNA transfer events occur by touching other people if they talk around you if they leave DNA on an item and you come over and sit down next to it or on it. He said that based on scientific studies. He's read it's also possible to transfer DNA from items being bundled together. He noted that after the male DNA profile was located on the dress and gear shift in two thousand five. Investigators did not search other items in the car to see if those also contained male. Dna profiles the defense next asked about a tape lift from blood on the steering wheel versus of all as I understand there was a swabbing collected of that tape lift and the swabbing showed the positive blood tests similar to area five on the dress and so there was an indication of blood but the DNA. There was no DNA typing information that was interpreted will there with with Blind was present on that. Lift typically bowl. Dna of blood is an extremely rich source of DNA Within a single drop of blood you're going to have about four hundred thousand. Dna can containing cells So this is going to be very rich if if you have even one two thousand of a drop of blood if you can wrap your brain around. That didn't imagine that tiny amount that would still give you enough. Dna to get probably a full profile so it may have been that on that steering wheel tape lift. The blood might have been removed completely by the initial swab to do the presumptive tests. Has Accusers wanted to clear up? A key. Point of his testimony on cross examination. You have not gathered in your investigation. Any specific facts or any knowledge from the case file or from the proceedings. Show that a secondary transfer occurred from Jerry Burns. Dna to Michelle Martin. Go stress correct. No I have not And so you're not testified in this case that it's your opinion that the way Jerry Burns DNA got on. Her dress was through a secondary transfer. No I'm not testifying to that. The state called their own DNA expert. Paul Bush to refute the defense's case. Bush is a DNA analyst supervisor in the Iowa State Crime Laboratory he said that while it's possible for DNA to transfer from secondary source. He would need a scenario of that occurring to make any conclusion he said. It's more likely for a suspect. Dna to come onto the victim's clothing if there was a struggle and the assailant injured themselves. The judge prohibited him from giving his expert. Opinion as to how Jerry Burns. His blood was found on the items of evidence it could not be excluded if the DNA came from blood sweat saliva or semen ball based on the findings in this case. What is the most scientifically supported theory as to how a DNA profile consistent with that of Jerry Burns to a probability of less than one out of one hundred billion unrelated individuals would be expected to have the same profile? Found ADD F Five location that tested positive upon screening for the presence of blood. How that ended up on Michelle's dress. The defense objected to the form of this question but was overruled by the judge. The judge reminded the jury that they are the judges of the facts. It will be up to them to determine the facts of the case that they find credible in rendering a verdict. Bush said he used the information that the assailant likely cut himself. During the attack to form his opinion a likely explanation would be young that again that we had a single source. Excuse me a major male profile on that Staying five that a likely explanation would be that It would have come from blood again. I I want to reiterate that Our Laboratory did not test for any other biological fluids. In this case so did test for saliva did not test for skin cells which we can't anyhow do did not test for semen but Again based on the information that I have that would be a likely scenario as to how Mr Burns or a how that profile that match Mr Burns was detected on that stain? Five the state rested and preceded to closing arguments prosecutor. Nick Maybank's laid out how he believes. Jerry Burns attacked and killed Michelle Marchenko. He said he believes burns. Watched her leaving them all by herself and followed her. He put on gloves so as not to leave behind fingerprints. He said Burns would lament many years later that DNA wasn't a thing in nineteen seventy-nine Michelle got to her back door unlocked it and placed her shopping bag in the backseat drivers side. She got into the car and began to started unbeknownst to her. The killer was quickly approaching. He opened her car door leaving glove print on the handle. All of a sudden. The door opens the car. She sees a man there. The man attacks her strikes at the bottom of the handle of the knife in the head leaving a large bruise caused internal bleeding. She feels straight to her head and causes her back on the car seat. She's taken by surprise but she knows that she has to fight. Maybank's continued the assailants struggles. To hold her down on her back to get her to submit he realizes that she has seen him now. She continues to fight for her life her fear and terror intensifies but her adrenaline kicks in the attacker becomes more aggressive. He drives a knife into her chest. Not Once not twice but multiple times. He knows he must eliminate her. He has a wife a family and things he can't get caught. Her blood is flying everywhere. She's dying he realizes he has cut himself. He considers driving her vehicle to another location and starts the ignition. But he knows they'll be searching for her and can't be seen walking back to get his own car. He puts the car back into park and smears his DNA on the gearshift. When doing so he gets out of the front seat pushes the KNOB down locking it. The back door remains open. He leaves to go home to Manchester. And how is prosecutor? May being certain that Cherry Burns is the attacker.