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

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Today’s Bode senior DNA analyst was a particularly impressive expert witness.

She listened carefully and politely to all questions and gave precise answers without hesitation.

She turned toward the jury when she gave her answers. I think that the jurors will trust her expertise.

A moment of levity occurred when she was explaining the statistical confidence level.
She referred to the Bell curve and asked the cross-examiner if he knew what that is.
He said "yes"--that it gave him nightmares of a statistics class that he had taken.

It will be interesting to see what DNA experts the defense calls.
 
d4j said:
Today’s Bode senior DNA analyst was a particularly impressive expert witness.

She listened carefully and politely to all questions and gave precise answers without hesitation.

She turned toward the jury when she gave her answers. I think that the jurors will trust her expertise.

A moment of levity occurred when she was explaining the statistical confidence level.
She referred to the Bell curve and asked the cross-examiner if he knew what that is.
He said "yes"--that it gave him nightmares of a statistics class that he had taken.

It will be interesting to see what DNA experts the defense calls.
Click to expand...
Only because you say this I’m going to go back and watch her testimony again. I wasn’t impressed at all, but mostly because the state’s presentation through the DNA portion has been some of the driest testimony I’ve ever labored through.
 
Wednesday, February 19th:
*Trial continues (Day 6) (@ 9am 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 (64/25 @ time of crime) 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)
Jury selection & trial info from 2/7/20 thru 2/17/20 reference post #179 here:
IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979 *Arrest*
2/18/20 Day 5: State witnesses: Matthew Denlinger (CRPD investigator). Maybanks played the video & audio of the interview from 12/19/18 with Denlinger & Burns. Judge says they are running ahead of schedule. Took an early lunch. She has some things to take up with lawyers. Motions were made, but nothing made public. State witnesses continued: Christina Nash (senior DNA analyst at Bode Technology in Lorton, VA, private DNA lab). Michael James Allison (was in jail with Burns. Allison is in federal custody). Trial continues on 2/19.
 
Here's a nice picture of Michelle.

021320_MichelleMartinko.jpg
 
Thursday, February 20th:
*Trial continues (Day 7) (@ 9am 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 (64/25 @ time of crime) 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 alternate; 2/19/20: now 2 alternates).
Jury selection & trial info from 2/7/20 thru 2/17/20 reference post #179 here:
IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979 *Arrest*
2/18/20 Day 5: State witnesses: Matthew Denlinger (CRPD investigator). Maybanks played the video & audio of the interview from 12/19/18 with Denlinger & Burns. Judge says they are running ahead of schedule. Took an early lunch. She has some things to take up with lawyers. Motions were made, but nothing made public. State witnesses continued: Christina Nash (senior DNA analyst at Bode Technology in Lorton, VA, private DNA lab). Michael James Allison (was in jail with Burns. Allison is in federal custody). Trial continues on 2/19.
2/19/20 Day 6: Judge took up some things with the defense & prosecutors. One of the jurors is ill & they will excuse him. He will be the first alternate. They had three, now 2. State witnesses: Linn County Sheriff's Lt. Kent Steenblock (is the assistant jail administrator confirming Burns & Allison were housed in the same living unit). He was asked to look for the exchange of "The Gazette" & if Burns signed his photo, as Allison testified. They showed the video. It appears that Allison gives him the paper & Burns writes on it. They showed the autographed photo Tuesday in court. Cedar Rapids police investigator Matthew Denlinger back on stand. Burns talked to him (Denlinger) when they transported him from Manchester to the Cedar Rapids Police Dept. after being arrested on Dec. 19, 2018. Maybanks played the video & audio of the car ride. This is just a portion of the car ride. Spies is objected because the tape has been redacted. Maybanks said he isn't required to play the full version. Judge Hoover is going to discuss with lawyers. The jury is excused for about 25 min. Judge Hoover rules the entire video will be played. DA Maybanks needs time to prepare the entire video. The video is 56 minutes. Video is played for jurors. Prosecution rests. Judge dismisses the jury until tomorrow, 2/20. Defense made argument for judgment of acquittal. Judge denies judgement of acquittal.
 
Friday, February 21st:
*Trial continues (Day 8) (@ 9am 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 65) 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).
Jury selection & trial info from 2/7/20 thru 2/19/20 reference post #188 here:
IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979 *Arrest*
2/20/20 Thursday Day 7: Defense witness: Michael Spence (owner of Spence Forensic Resources in Las Cruces, N.M., has degrees in molecular biology and molecular genetics). Jury is excused for lunch. Spies is going to rest. He is asking Burns to say on the record that he doesn't want to testify. Burns says he doesn't. Defense rested their case. The prosecution likely will have a rebuttal witness Friday. Closing arguments may start Monday. Trial continues on 2/21.
 
Monday, February 24th:
*Trial continues (Day 9)-Closing Arguments (@ 9am 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 65) 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).
Jury selection & trial info from 2/7/20 thru 2/19/20 reference post #188 here:
IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979 *Arrest*
2/20/20 Thursday Day 7: Defense witness: Michael Spence (owner of Spence Forensic Resources in Las Cruces, N.M., has degrees in molecular biology and molecular genetics). Jury is excused for lunch. Spies is going to rest. He is asking Burns to say on the record that he doesn't want to testify. Burns says he doesn't. Defense rested their case. The prosecution likely will have a rebuttal witness Friday. Closing arguments may start Monday. Trial continues on 2/21.
2/21/20 Friday Day 8: State rebuttal witness: Paul Bush (criminalist supervisor with DCI crime lab; Has been with crime lab for 38 years. Supervisor for 10 years. 10 years as technical leader & also was a crime scene investigator). Spies has an objection to bring up outside the jury. The jury is excused. Spies is objecting to Maybanks saying Burns DNA is blood. He said it's not a proper characterization of the evidence. The jury has already heard the statement. He is moving for a mistrial. Maybanks: The only test done on area shows it's blood. Defense can argue that. The evidence is blood. None of the state's witnesses said it wasn't. Spence was allowed to share his theory about transfer of DNA. Bush can make an opinion on this and he can be cross-examined. This isn't any shocking revelation. The prosecution has always said it's blood. Defense has known this. The prosecution is rebutting the defense's witness. Spies is arguing that it's not Burns' blood. Prosecution is making a conclusion that it's blood and witnesses didn't say that. Admonishing the jury to disregard that statement isn't enough. Judge Hoover: She is overruling Spies motion for mistrial. It is up to the jury to make the determination if it was Burns' blood. None of the experts could rule out it was saliva, sweat or another bodily fluid. Jury is back. Judge Hoover to jurors: Disregard the prosecution's statement that Burns' blood was on the evidence. None of experts could say that it came from blood. It up to the jury to make that determination. No sir rebuttal from defense. Judge is letting jurors go until 9 a.m. Monday 2/24 for closing arguments. The lawyers and judge will work on jury instructions this afternoon. Jury is gone. Spies renews his motion for acquittal. Maybanks: State renews resistance to acquittal. Judge Hoover: She overrules motion for acquittal.
 
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