GUILTY IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979

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Jerry Burns attorney files for new trial

Jerry Burns, the man found guilty of the 1979 murder of Michelle Martinko, is asking for a new trial.

Defense attorney Leon Spies filed a motion for a new trial on May 29th. Spies claims Burns' constitutional and state rights were violated during the February trial.

Burns was set to be sentenced to a mandatory life term in April; that hearing was postponed due to the coronavirus pandemic. Burns now has a sentencing hearing scheduled for August.
 
Update on docket since I last posted.

Event Filed By Filed Create Date Last Updated Action Date
Order setting hearing HOOVER GRINDE FAE 07/30/2020 07/30/2020 07/30/2020
Comments: HEARING 08/07/2020 01:30 PM

Other Order HOOVER GRINDE FAE 07/30/2020 07/30/2020 07/30/2020
Comments: REQUEST TO LIVESTREAM GRANTED; COPY TO ZACK KUCHARSKI 07/30/20

Media Coordinator's Notice KUCHARSKI ZACHARY J 07/30/2020 07/30/2020 07/30/2020
Comments: NEWS MEDIA COORDINATOR'S REQUEST TO LIVESTREAM SENTENCING HEARING

Other Order HOOVER GRINDE FAE 06/24/2020 06/24/2020 06/24/2020
Comments: SCHEDULING OF HEARING AND DETERMINATION WILL BE ADDRESSED IN FUTURE ORDERS

Resistance MAYBANKS NICHOLAS GEORGE 06/17/2020 06/17/2020 06/17/2020
Comments: TO MOTION FOR NEW TRIAL

Other Application MAYBANKS NICHOLAS GEORGE 06/16/2020 06/17/2020 06/17/2020
Comments: EXPERT WITNESS FEES

Other Event MAYBANKS NICHOLAS GEORGE 06/16/2020 06/17/2020 06/17/2020
Comments: PROSECUTION COSTS

Motion SPIES LEON FRED 05/29/2020 05/29/2020 05/29/2020
Comments: MOTION FOR NEW TRIAL

Order setting hearing HOOVER GRINDE FAE 04/30/2020 04/30/2020 04/30/2020
Comments: SENTENCING HEARING 08/07/2020 01:30 PM

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
Friday, August 7th:
*Sentencing Hearing (@ 1:30pm CT) – IA – Michelle Marie Martinko (18) (Dec. 19, 1979, Cedar Rapids, found Dec. 20, 1979 at Cedar Rapids Mall inside her family’s car) - *Jerry Lynn Burns (25 @ time of crime/64/now 66) arrested & charged (12/19/18) & arraigned (1/25/19) with 1st degree murder. Plead not guilty. $5M Cash bond.
DNA Parabon Nanolabs DNA Phenotyping SnapShot/GEDMatch
Trial began on 2/10/20 with jury selection. Actual start of trial was 2/12/20. Trial has been moved from Linn County to Scott County. Jury: 9 women & 6 men. (3 alternates; 2/19/20: now 2 alternates, 1 juror got sick & was replaced). Jurors: 7 women & 5 men. Trial ended on 2/24/20 with a guilty verdict.

Jury selection & trial (Days 1 thru 8) info from 2/7/20 thru 2/21/20 reference post #193 here:
GUILTY - IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979 *Arrest*

2/24/20 Monday Day 9: Judge Fae Hoover read jury instructions. The jury can consider the lesser charges of first-degree murder, second-degree murder, voluntary manslaughter & involuntary manslaughter. Closing arguments: by First Assistant Linn County Attorney Nick Maybanks. (Maybanks played portion of his interview in 12/19/18). Defense attorney Leon Spies (Spies also played a portion of the interview). Maybanks rebuttal arguments. The judge read some final instructions to the jury. Judge Hoover will now excuse two alternates who will not be deliberating. Two women are excused. This leaves 7 women and five men. The jury went out at 1:07 p.m. The jury has lunch waiting for them. Jurors deliberated for about two hours. The jury found him guilty of first-degree murder. Judge is polling the jurors. Burns will be held without bond. Sentencing is scheduled for 4/17/20.
3/25/20 Update: Due to coronavirus sentencing has been rescheduled on 6/19/20. 4/30/20 Update: Post trial extension motion-granted & extended to 6/1/20. Sentencing has been moved to 8/7.

5/29/20 Update: Defense files motion for new trial. Defense attorney Leon Spies claims Burns' constitutional & state rights were violated during the February trial. The state's search & seizure of Burns' & Burns' family members' DNA is a violation of the Fourth & 14th Amendments, according to the motion, and the court erred by not suppressing that evidence. The court also should have dismissed statements the defendant made while speaking with investigators after his arrest in December 2019. The deadline for responses from the state or a date for a hearing before a judge has not been set yet.
6/24/20: Scheduling of hearing re motion for new trial & determination will be addressed in future orders. 7/30/20: News media coordinator's request to livestream sentencing hearing-granted.
 
In an August request for a new trial, Spies asserted that newly-discovered evidence "casts doubts" on his client's conviction and warrants a new trial.

Spies claimed during Friday's hearing that new evidence suggests Martinko had an organ lesson at Westdale Mall, someone may have been watching and waiting for her, and she would have been carrying music books, which were not located at the crime scene.

Spies argued it's more likely the killer is someone who knew Martinko and knew she'd be at the mall for the alleged music lesson. Burns claims he did not know Martinko. If the jury had the opportunity to hear this new evidence, Burns' guilty verdict may have been different, Spies said.

[...]

"The state fails to follow the logic that somehow, given those circumstances, that a couple of missing music books would have been a bombshell that would have changed the outcome of this case. It quite frankly would not have."

Maybanks claims the Martinko family said she was not taking music lessons at that time. No friends or family had mentioned during the investigation any conversation about music lessons the night Martinko was murdered.

Jerry Burns: Man convicted in Michelle Martinko's death sentenced to life in prison
 
Would love to know what happened that night with Jerry. He mentioned blackouts. I don't suppose he will talk before exhausting all his appeals, if then. I hope someone, a reporter, a tv news magazine or a friend of his, can get him to talk. If not for the miracle of DNA....

It's difficult to see a local, successful businessman with zero criminal history convicted of a horrific murder.

I believe JB may be responsible for additional crimes and hope his DNA is compared to other cold cases. He was only 25 when he murdered MM.

In watching 48 Hours that featured this story (11/7), JB made an odd comment during his arrest about another cold case-- missing news reporter. I didn't catch her name during the show but she sure resembled the blond 18-year-old victim, Michelle.

I don't see any motive for JB to kill MM except for a thrill kill.

Very disturbing event in this small community.
 
What we know about Jerry Burns and the woman he's accused of killing 40 years earlier

Dec 19, 2019/ updated Feb 17, 2020

Four decades ago, 18-year-old Michelle Marie Martinko was found stabbed to death in the family's car in the parking lot of a Cedar Rapids mall.

Exactly 39 years after her death, police took a Manchester man into custody after matching his DNA to blood found at the crime scene.

[..]

Detectives found no weapon or fingerprints to identify a suspect and said Martinko had not been robbed. Based on the number of stab wounds — particularly to the young woman’s face — police considered the homicide personal in nature.

[..]

Using newer technology, Cedar Rapids police last year created profiles from DNA procured from case evidence in 2006. Investigators said the man who stabbed Martinko cut his hand and left blood behind on her clothes and on the gear shift knob.

In one of those profiles, authorities said there were fewer than one in 100 billion unrelated individuals who would have had the same profile.

[..]

Jerry Burns
At the time of his arrest, Burns had been living in Manchester, a town of about 5,000 people 45 minutes north of Cedar Rapids, for longer than Martinko's case had been cold.

Burns, who would have been 25 at the time of Martinko's death, said he could not offer a "plausible explanation" for why his DNA was found at the crime scene, authorities said at the time of his arrest.

"The community is in shock, his friends are in shock, his family is in shock. I feel bad for the victim’s family because they’ve been wondering every day of their life what happened to their daughter," Russ Wright, who served Burns nearly every day at a local BP gas station, said last December. "I also feel bad for, you know, his current family and friends because … now they have to go through all this as well."

[..]

Burns owns a powder-coating company, Advanced Coating Concepts, in Manchester.

He previously co-owned a truck stop near town. He built a new home on land his parents once farmed and constructed a gas station and convenience store near where he lived. Several residents lauded his professionalism and business savvy when speaking with the Register last year.

Burns' arrest prompted a round of whispering about two of his family members.

Burns' wife, Patricia, died by suicide in 2008. His cousin, Brian Burns, vanished Dec. 19, 2013 — exactly 34 years after Martinko was killed.

Delaware County Sheriff John Leclere said authorities "don't have any reason to suspect (Burns) in either case."
 
Nov 7 2020
48 Hours transcript, very lengthy.
Young murder victim helps solve her own cold case nearly 40 years later
''Her name will be forever etched in local history, as part of Cedar Rapids' most haunting crime.

Jamie Yuccas: you've been a prosecutor for 20 years is this the biggest case you've ever had?

Nick Maybanks: Yeah … every case you want justice … but a case like this touched so many people over so many years there will never be another one like it.

Jerry Burns was sentenced to life in prison without parole.

He insists he did not murder Michelle Martinko.''
 
In watching 48 Hours that featured this story (11/7), JB made an odd comment during his arrest about another cold case-- missing news reporter. I didn't catch her name during the show but she sure resembled the blond 18-year-old victim, Michelle.

I don't see any motive for JB to kill MM except for a thrill kill.

Very disturbing event in this small community.

Michelle Martinko Jodi Huisentruit

Inside Edition
rbsbm.
IA - IA - Jodi Huisentruit, 27, Mason City, 27 June 1995, Anchorwoman #2
 
Is the killer of an Iowa teen linked to missing news anchor Jodi Huisentruit?

Nov 6, 2020

The murder of Michelle Martinko in the parking lot of Cedar Rapids' Westdale Mall has some eerie connections to the Huisentruit case. And the crucial link is a man named Jerry Burns. "Murder at the Mall: The Michelle Martinko Case," reported by "48 Hours" contributor Jamie Yuccas, airs on Saturday, November 7 at 10/9c on CBS.

Martinko was 18, a senior in high school in 1979, when she was accosted as she was getting into her car on a chilly night in December following a trip to the mall. A struggle followed in which Michelle was stabbed and sliced by a knife almost 30 times in a horrific murder that police initially believed had to be a crime of passion.

"It looks personal, it's a lot of stab wounds, it's overkill," said lead Detective Matt Denlinger of the Cedar Rapids Police Department. "It's always the boyfriend, the girlfriend, the husband — someone really close to the person."

Whoever the killer was, he had come prepared. Police found impressions from rubber gloves inside and outside the car, indicating that the assailant had likely planned his attack and hoped to escape unidentified

Denlinger took over the case in 2015, part of a second generation of cops who had struggled for decades to solve this seemingly unsolvable murder. In fact, his father Harvey, now 85, had been one of the original officers on the case 40 years earlier. But detectives had been stymied. They had investigated more than 100 people over the years, and all were dead ends.

What began to turn the case around was the emergence of DNA as a forensic tool for crime fighting in the late 1990s. The primary evidence police had to go on was blood on Michelle's dress and on the car's gearshift that in 2005 was finally identified as male DNA.
 
It's difficult to see a local, successful businessman with zero criminal history convicted of a horrific murder.

I believe JB may be responsible for additional crimes and hope his DNA is compared to other cold cases. He was only 25 when he murdered MM.

In watching 48 Hours that featured this story (11/7), JB made an odd comment during his arrest about another cold case-- missing news reporter. I didn't catch her name during the show but she sure resembled the blond 18-year-old victim, Michelle.

I don't see any motive for JB to kill MM except for a thrill kill.

Very disturbing event in this small community.
I also find it difficult to believe a man with zero criminal history committed a single horrific murder like this. There is of course another explanation. I don’t necessarily believe he didn’t do it, but I’m far from convinced that he did.
 
I also find it difficult to believe a man with zero criminal history committed a single horrific murder like this. There is of course another explanation. I don’t necessarily believe he didn’t do it, but I’m far from convinced that he did.
His DNA says he did it. His deviant web activities seem to support that.
 

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