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

DNA Solves
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Yes Thank you Legally Bland for the tweets!

and here's stuff from the court site, but no "next hearing date" yet.

Event Filed By Filed Create Date Last Updated Action Date
EXHIBIT - PROPOSED SPIES LEON FRED 01/16/2020 01/16/2020 01/16/2020
Comments: EX X-1 - NEW YORK TIMES ARTICLE SELECTION

EXHIBIT - PROPOSED SPIES LEON FRED 01/16/2020 01/16/2020 01/16/2020
Comments: EX U-1 - GEDMATCH TERMS OF SERVICE (5-20-2018) - AMENDED FROM V

EXHIBIT - PROPOSED SPIES LEON FRED 01/16/2020 01/16/2020 01/16/2020
Comments: EX W-1 - GEDMATCH TERMS OF SERVICE (12-9-2019) - AMENDED FROM X

EXHIBIT - PROPOSED SPIES LEON FRED 01/16/2020 01/16/2020 01/16/2020
Comments: V-1 - GEDMATCH TERMS OF SERVICE (5-18-19) - AMENDED FROM W

EXHIBIT - PROPOSED SPIES LEON FRED 01/15/2020 01/16/2020 01/16/2020
Comments: EXHIBIT W GEDMATCH TERMS OF SERVICE

EXHIBIT - PROPOSED SPIES LEON FRED 01/15/2020 01/16/2020 01/16/2020
Comments: GEDMATCH TERMS OF SERVICE

EXHIBIT - PROPOSED SPIES LEON FRED 01/15/2020 01/16/2020 01/16/2020
Comments: EXHIBIT U GEDMATCH TERMS OF SERVICE

EXHIBIT - PROPOSED MAYBANKS NICHOLAS GEORGE 01/15/2020 01/15/2020 01/15/2020
Comments: #19D

EXHIBIT - PROPOSED MAYBANKS NICHOLAS GEORGE 01/15/2020 01/15/2020 01/15/2020
Comments: #19C

EXHIBIT - PROPOSED MAYBANKS NICHOLAS GEORGE 01/15/2020 01/15/2020 01/15/2020
Comments: #19B

EXHIBIT - PROPOSED MAYBANKS NICHOLAS GEORGE 01/15/2020 01/15/2020 01/15/2020
Comments: #19A

Order setting hearing HOOVER GRINDE FAE 01/13/2020 01/13/2020 01/13/2020
Comments: RESET HEARING 01/16/2020 01:00 PM DCNJ.

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
Here is another recent report about the developments in this case:

Investigator: Jerry Burns' 'fetish' for violent internet sex shows possible motive for killing Michelle Martinko:

Burns seemed to have a “fetish” for these violent, sexual themes, Cedar Rapids police Investigator Jeff Holst testified.

Burns, charged with first-degree murder in the cold case stabbing of Martinko, is asking the court to toss out DNA and other evidence because they were obtained without a warrant and represented violations of privacy and other rights.

Burns’ attorney, Leon Spies, also argued in his suppression motion that the computer evidence is irrelevant because it’s from 2018 — 38 years after Martinko’s death.

A hearing over whether to allow the evidence at trial continued Thursday for a second day.

The majority of the search activity and history on Burns’ computer was sexually graphic and more “deviant in nature,” said Holst, who investigates sex crimes and internet crimes against children.
 
Here is another recent report about the legal developments:

CEDAR RAPIDS — Jerry Burns, who is seeking to have key evidence against him kept out of his upcoming murder trial, testified Friday he told investigators he should have a lawyer when they pressed him on why his blood was found at the scene where 18-year-old Michelle Martinko was fatally stabbed in 1979.

Burns, 66, said he knew after the police interview started Dec. 19, 2018, in his Manchester business that the two Cedar Rapids investigators already thought he was involved in the cold-case killing. They started asking him to provide a DNA sample.

When Investigator Matthew Denlinger asked him to explain why his DNA profile was at the crime scene, Burns said he replied, “not without a lawyer.”

“I didn’t know how to ask” for lawyer, Burns testified. The investigators seemed to ignore his request and continue to ask questions, he added.

He said he just wanted the questioning to stop but “tried to cooperate.”

Jerry Burns testifies he wanted lawyer when police asked for his DNA in Martinko killing
 
Here is another recent report about the legal developments:

CEDAR RAPIDS — Jerry Burns, who is seeking to have key evidence against him kept out of his upcoming murder trial, testified Friday he told investigators he should have a lawyer when they pressed him on why his blood was found at the scene where 18-year-old Michelle Martinko was fatally stabbed in 1979.

Burns, 66, said he knew after the police interview started Dec. 19, 2018, in his Manchester business that the two Cedar Rapids investigators already thought he was involved in the cold-case killing. They started asking him to provide a DNA sample.

When Investigator Matthew Denlinger asked him to explain why his DNA profile was at the crime scene, Burns said he replied, “not without a lawyer.”

“I didn’t know how to ask” for lawyer, Burns testified. The investigators seemed to ignore his request and continue to ask questions, he added.

He said he just wanted the questioning to stop but “tried to cooperate.”

Jerry Burns testifies he wanted lawyer when police asked for his DNA in Martinko killing
From this link:

The trial currently s set to start Feb. 10.
 
Wondering if this will still be happening?

Order for Continuance HOOVER GRINDE FAE 10/15/2019 10/15/2019 10/15/2019
Comments: JURY TRIAL 02/10/2020 09:00 AM; CASE MANAGEMENT CONFERENCE
01/27/2020 09:00 AM


I guess I shall leave it on my notes.
 
Wondering if this will still be happening?

Order for Continuance HOOVER GRINDE FAE 10/15/2019 10/15/2019 10/15/2019
Comments: JURY TRIAL 02/10/2020 09:00 AM; CASE MANAGEMENT CONFERENCE
01/27/2020 09:00 AM


I guess I shall leave it on my notes.
If there's a hearing scheduled they may use it for the decision on the evidence suppression. I'll try keep an eye out on Monday.
 
But I'll be up before you... IF you are on the East of the U.S.of A. - I'm 7 hours ahead of you. :)
I'm in the UK, but I just meant looking out for any news in general.

And I'd like to thank you for doing your calendar updates. There's lots I would have missed if you hadn't posted.
 
I'm in the UK, but I just meant looking out for any news in general.

And I'd like to thank you for doing your calendar updates. There's lots I would have missed if you hadn't posted.

Ah! So you are 2 hours ahead of me! :)

And you are quite welcome on my calendar updates. That's why I keep them, so I can know "when" all the cases I'm following are due in court - so I thought I'd just share with everyone. :cool:
 
Not too sure IF this is happening - but I'll post anyway, so I can shorten this up a bit.

Monday, January 27th:

*Case Management Conference Hearing (@ 9am CT) – IA – Michelle Marie Martinko (18) (Dec. 19, 1979, Cedar Rapids, found Dec. 20, 1979 at Cedars 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
Court information from 12/20/18 thru 12/18/19 reference post #96 here:
IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979 *Arrest*

Trial set to start on 2/10/20 with jury selection. Trial has been moved from Linn County to Scott County.
1/10/20 Update: Preliminary hearing as the Defense lawyer looked to get evidence against him suppressed ahead of the trail. The hearing had two objectives to review to here Burn's lawyers request to suppress evidence & determine the admissibility of evidence. Today's hearing was cut short due to a scheduling conflict. Burn's lawyer declined to cross-examine the first two witnesses called by the state. State witness: Cedar Rapids Police Investigator, Matthew Denlinger. Burn's lawyer did not cross-examine Denlinger before the state called their second witness, a CRPD Lieutenant, David Dostal. The court did not get to hear from Burn's lawyer on what evidence they want to be suppressed or the reasoning behind the motion. He is expected to cross-examine the witnesses next week on 1/16/20. This hearing, when complete, will ultimately decide what the jury gets to hear next month. Withdraw of co-counsel, Nicholas Waybank. Case Management hearing on 1/27/20. Trial is set to begin on 2/10/20.
1/16/20 Update: The prosecution Thursday will give attention to Burns’ statements to police & what was discovered on his cellphone & computer systems. Investigators consider it reveals his “fetish with sexually assaulting & killing ladies” — a doable motive for killing 18-year-old Michelle in 1979. Burns, charged with first-degree homicide, is asking the courtroom to toss out DNA & laptop proof — which led authorities to make an arrest within the 39-year-old case. In his movement to suppress, Burns’ lawyer argues the proof was obtained without warrants and there have been violations of privateness & different rights. 1/16/20: State witness: CRPD investigator Matthew Denlinger (lead investigator). Denlinger says on Dec. 19, 2018 (the 39th anniversary of Michelle’s death) police went to Burns’ business to either get voluntary DNA sample or DNA swab under a warrant. CRPD Sgt. Kent Choate. Sgt. Choate says they made decision to arrest Burns based on DNA evidence that placed him at scene and failure to explain. CRPD investigator Jeff Holst, who is trained in forensic examination of computers and electronics. Examined Burns cellphone. Randy Cole, a retired Dept. of Corrections Officer and now private investigator/consultant (an expert in sexual offenders). Judge says there’s still half a day’s worth of testimony. Hearing will continue on 1/24.
1/24/20: State witnesses: state's expert witness, Randy Cole (reviewed Burn's computer history). CRPD investigator Matthew Denlinger. Defense witnesses: James Burns (Burns' son). Jerry Burns (defendant). The hearing, which stretched over three days, wrapped up Friday. Sixth Judicial District Judge Fae Hoover said she would accept written arguments & supporting documents from the defense & prosecution and then will make a ruling as soon as next week. The trial currently is set to start Feb. 10.
 
Here's what has happened from court site - no mention of next court date or trial date.

Event Filed By Filed Create Date Last Updated Action Date
MOTION IN LIMINE SPIES LEON FRED 01/30/2020 01/30/2020 01/30/2020

Brief SPIES LEON FRED 01/29/2020 01/29/2020 01/29/2020
Comments: MEMORANDUM IN SUPPORT OF MOTION TO SUPPRESS

Brief SPIES LEON FRED 01/29/2020 01/29/2020 01/29/2020
Comments: MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY
DETERMINATION OF ADMISSIBILITY OF EVIDENCE AND QUALIFICATION OF AN EXPERT

ADDITIONAL MINUTES OF TESTIMONY MAYBANKS NICHOLAS GEORGE 01/29/2020 01/29/2020 01/29/2020

Other Event MAYBANKS NICHOLAS GEORGE 01/29/2020 01/29/2020 01/29/2020
Comments: MEMORANDUM OF AUTHORITIES IN RESPONSE TO DEFT'S MOTION

Brief MAYBANKS NICHOLAS GEORGE 01/28/2020 01/28/2020 01/28/2020
Comments: IN SUPPORT OF STATE'S RESISTANCE TO MOTION TO SUPPRESS

COURT REPORTER MEMORANDUM AND CERTIFICATE 01/27/2020 01/27/2020 01/27/2020

EXHIBIT - PROPOSED MAYBANKS NICHOLAS GEORGE 01/24/2020 01/24/2020 01/24/2020
Comments: #M22F

EXHIBIT - PROPOSED MAYBANKS NICHOLAS GEORGE 01/24/2020 01/24/2020 01/24/2020
Comments: #M22E

EXHIBIT - PROPOSED MAYBANKS NICHOLAS GEORGE 01/24/2020 01/24/2020 01/24/2020
Comments: #M22D

EXHIBIT - PROPOSED MAYBANKS NICHOLAS GEORGE 01/24/2020 01/24/2020 01/24/2020
Comments: #M22C

EXHIBIT - PROPOSED MAYBANKS NICHOLAS GEORGE 01/24/2020 01/24/2020 01/24/2020
Comments: #M22B

EXHIBIT - PROPOSED MAYBANKS NICHOLAS GEORGE 01/24/2020 01/24/2020 01/24/2020
Comments: #M22A

Order setting hearing 01/21/2020 01/21/2020 01/21/2020
Comments: MOTION TO SUPPRESS HRG 01/24/20 @ 10:00

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
This is the first of two rulings Hoover must make before the trial starts Monday in Scott County. She heard testimony at a hearing held over three days, and the lawyers also submitted lengthy written arguments last month.

Burn’s lawyer, Leon Spies, asked the court to disallow the admissibility of Burns’ internet searches and activity found through a search warrant last December.

He also wants Burns’ statements to police and DNA evidence linking him to the crime kept out of trial, arguing they were obtained without a warrant and were violations of privacy.

[...]

Hoover’s second ruling on the DNA evidence may be filed Thursday.

Jerry Burns' deviant computer activity will be kept out of Michelle Martinko murder trial, judge rules

BBM
 
According to court documents, a judge has ruled internet search history from the man accused in a 1979 murder will not be able to be used during trial.

In her ruling, Judge Fae Hoover said the searches for internet *advertiser censored* showing blonde women sexually assaulted and killed allegedly conducted by Jerry Burns, accused of killing Michelle Martinko in 1979, could possibly eliminate his right to a fair trial.

[...]

A case management conference is scheduled for February 7th, 2020.

Jerry Burns' internet search history to be kept out of Martinko murder trial
 
Friday, February 7th:
*Case Management Conference Hearing (@ 9am CT) – IA – Michelle Marie Martinko (18) (Dec. 19, 1979, Cedar Rapids, found Dec. 20, 1979 at Cedars 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
Court information from 12/20/18 thru 1/24/20 reference post #135 here:
IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979 *Arrest*

Trial set to start on 2/10/20 with jury selection. Trial has been moved from Linn County to Scott County.
1/27/20 Update: Motion in Limine; Memo in Support of Motion to Suppress; Memo in support of Motion for preliminary determination of admissibility of evidence & qualification of an expert. Memo of authorities in response to defendants's motion & in support of State's resistance to motion to suppress. 2/5/20: Judge Fae Hoover said the searches for internet *advertiser censored* showing blonde women sexually assaulted & killed allegedly conducted by Burns could possibly eliminate his right to a fair trial. Will not be used during trial. A case management conference is scheduled for 2/7/20. Trial begins on 2/10/20.
 
DNA evidence will be allowed in the trial of the man accused of killing a Cedar Rapids teenager, Michelle Martinko, more than 40 years ago.

On Thursday, a judge ruled prosecutors can use a straw police obtained in Jerry Burns's trial. Police say they obtained the DNA from a drinking straw that Burns left behind at a Manchester restaurant. Investigators say the DNA links Burns to the crime scene.

DNA evidence will be allowed in Michelle Martinko murder trial
 

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