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

[MaryG12]

If JB was spending time at that mall - do you suppose he was preying upon girls he has seen there before?

 

[MaryG12]

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.

There's always a first time. It almost sounds like he has seen MM at the mall before and had an eye on her, MOO.

 

[Seattle1]

If JB was spending time at that mall - do you suppose he was preying upon girls he has seen there before?

Reportedly, the mall had only been open for a couple of weeks and I can't think of a better time than 5 days before Christmas for a predator to be out and blend in with the masses. The holiday season was the reason for the extended hours -- opened until 10 pm. There was no shortage of youth shopping that evening. MOO

 

[imstilla.grandma]

Snip:
Detectives told 48 Hours Michelle’s killer may have never been brought to justice without the blood DNA evidence both on the gearstick in the Buick and on the 18-year-old’s dress.

Despite it being almost 40 years until an arrest was made, it would likely still be a cold case if Michelle didn’t play such a unique role in solving the investigation.

“She fought so hard that she caused the murderer to cut himself, he left his DNA ... and so Michelle helped solve her own murder,” her sister Janelle Stonebraker told 48 Hours.

With Burns now serving life in prison, the 67-year-old still maintains his innocence.
How woman helped solve her own brutal murder

 

[imstilla.grandma]

Young murder victim helps solve her own cold case nearly 40 years later

 

[imstilla.grandma]

Chicagoland Attorney Kathleen Zellner confirmed to KCRG-TV9 on Wednesday that her office is now representing Burns and plans to appeal Burns’ conviction. Her website states that “In 23 years, Kathleen Zellner has righted more wrongful prosecutions than any private attorney in America.”

Burns pleaded not guilty and authorities were not able to establish how, or if, Burns knew Martinko.

On Friday, August 7, 2020, Burns was sentenced to life in prison without the possibility of parole. His lawyers filed a motion for a new trial based on new evidence, but the judge denied that motion. Burns was also ordered to pay $150,000 to the estate of Martinko.
Jerry Burns hires “Making a Murderer” lawyer to appeal Michelle Martinko conviction

 

[Niner]

Looks like he has a hearing coming up...

Event Filed By Filed Create Date Last Updated Action Date
TRANSCRIPT PREPARED BY CLERK 01/21/2021 01/21/2021 01/21/2021
Order for Continuance HOOVER GRINDE FAE 12/31/2020 12/31/2020 12/31/2020
Comments: ATP HEARING RESET TO 1/25/2021 @ 9 AM

Motion for Continuance MAYBANKS NICHOLAS GEORGE 12/30/2020 12/31/2020 12/31/2020

Order setting hearing HOOVER GRINDE FAE 12/04/2020 12/04/2020 12/04/2020
Comments: RESTITUTION HEARING (TELEPHONIC) 01/04/2021 09:00 AM

Motion for Continuance ARAGUAS ELIZABETH 11/09/2020 11/09/2020 11/09/2020

ORDER APPROVING WITHDRAWAL OF COUNSEL HOOVER GRINDE FAE 11/05/2020 11/06/2020 11/06/2020
Comments: SPIES ALLOWED TO WITHDRAW

MOTION TO WITHDRAW COUNSEL SPIES LEON FRED 11/05/2020 11/05/2020 11/05/2020
Comments: MOTION FOR PERMISSION TO WITHDRAW AS COUNSEL

Appearance ARAGUAS ELIZABETH 11/04/2020 11/04/2020 11/04/2020

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm



ATP = Attorney for Plaintiff

 

[Niner]

Monday, January 25th:
*ATP Hearing (@ 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 67) 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 of first-degree murder.
Jury selection & trial (Days 1 thru 9) info from 2/7/20 thru 2/24/20 & court info to 6/24/20 reference post #223 here:
GUILTY - IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979
7/30/20: News media coordinator's request to livestream sentencing hearing-granted. Sentencing on 8/7/20.
8/7/20 Update: Burns’ attorney, Leon Spies, had filed a motion requesting a new trial. Spies claimed searches & seizures of Burns’ & his family members’ DNA done in the weeks before Burns’ arrest were unconstitutional. He also listed several other reasons, including false testimony from one of the State’s witnesses. District Judge Fae Hoover-Grinde denied the request after hearing from both sides on Friday. She then proceeded with handing Burns the mandatory life sentence, with no possibility of parole. He also has to pay $150,000 to Martinko’s estate. Burns will be held without bond. He has the right to appeal within 30 days.
1/18/21: On Friday, August 7, 2020, Burns was sentenced to life in prison without the possibility of parole. His lawyers filed a motion for a new trial based on new evidence, but the judge denied that motion. Burns was also ordered to pay $150,000 to the estate of Martinko. Chicago attorney Kathleen Zellner says that her office is now representing burns & plans to appeal Burns' conviction. Burns is currently imprisoned in the Anamosa State Penitentiary. ATP hearing on 1/25/21.

 

[Niner]

Event Filed By Filed Create Date Last Updated Action Date
Other Event MAYBANKS NICHOLAS GEORGE 01/28/2021 01/29/2021 01/29/2021
Comments: PROSECUTION COSTS

Order setting hearing HOOVER GRINDE FAE 01/25/2021 01/25/2021 01/25/2021
Comments: RESTITUTION HEARING 03/01/2021 09:00 AM(TELEPHONIC)

Other Order HOOVER GRINDE FAE 01/22/2021 01/23/2021 01/23/2021
Comments: ATP HRG 01/25/21 9:00 AM WILL BE CONDUCTED BY PHONE

TRANSCRIPT PREPARED BY CLERK 01/21/2021 01/21/2021 01/21/2021

Order for Continuance HOOVER GRINDE FAE 12/31/2020 12/31/2020 12/31/2020
Comments: ATP HEARING RESET TO 1/25/2021 @ 9 AM

Motion for Continuance MAYBANKS NICHOLAS GEORGE 12/30/2020 12/31/2020 12/31/2020

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm

 

[Niner]

Monday, March 1st:
*Restitution Hearing (via telephonic) (@ 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 67) 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 of first-degree murder. 8/7/20: Sentenced to mandatory life sentence, with no possibility of parole. Ordered to pay $150K to Martinko’s estate.
Jury selection & trial (Days 1 thru 9) info from 2/7/20 thru 2/24/20 & court info to 8/7/20 reference post #248 here:
GUILTY - IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979
1/18/21: On Friday, August 7, 2020, Burns was sentenced to life in prison without the possibility of parole. His lawyers filed a motion for a new trial based on new evidence, but the judge denied that motion. Burns was also ordered to pay $150,000 to the estate of Martinko. Chicago attorney Kathleen Zellner says that her office is now representing burns & plans to appeal Burns' conviction. Burns is currently imprisoned in the Anamosa State Penitentiary. ATP hearing on 1/25/21.
1/25/21 Update: ATP hearing was held by phone. Restitution hearing on 3/1/21 @ 9am via telephonic.

 

[Niner]

Event Filed By Filed Create Date Last Updated Action Date
Order setting hearing HOOVER GRINDE FAE 03/01/2021 03/02/2021 03/02/2021
Comments: ATP HEARING (TELEPHONIC) 03/15/2021 09:00 AM

Motion ARAGUAS ELIZABETH 02/26/2021 03/01/2021 03/01/2021
Comments: TO ESTABLISH DEFENDANT'S ATP & DEFENSE STATEMENT AS TO
PECUNIARY RESTITUTION

FINANCIAL AFFIDAVIT FOR ABILITY TO PAY DETERMINATION ARAGUAS ELIZABETH 02/26/2021 03/01/2021 03/01/2021
Other Event MAYBANKS NICHOLAS GEORGE 02/24/2021 02/24/2021 02/24/2021
Comments: RESPONSE TO DEFT'S PETITION FOR RESTITUTION HEARING

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm

 

[airportwoman]

One branch of my family tree is from Cedar Rapids, and one of them was Michelle's HS classmate. They weren't close friends, but my relative was still traumatized by her murder and was so glad he was caught.

 

[Jbetty567]

My speakers are unfortunately on the blink - can you give me/us the high-lights?

TIA!

We talked about the family's main suspect, her ex-boyfriend, and his odd and somewhat suspicious behavior. Denlinger laid out for me exactly how the attack on Michelle went down. We spoke about the day he interviewed and then arrested Burns, and how all that came about. And we spoke about Burns' unlikely connection to the Jodi Huisentruit case. I hope you get your audio back up and running and can give it a listen for yourself! Have a great day!

 

[Jbetty567]

Very well done!
Pretty remarkable detective work that got that case solved. Not like MCPD's performance in the Huisentruit case.

Thanks! Jodi’s case is so, so frustrating. Part of me is sure it’s one of the usual suspects (JVS, Tony what’s-his-name) and part of me fears it was an obsessed stranger who won’t be found since there’s no body and no DNA (I don’t think). What do you think??

 

[itsrak]

Thanks! Jodi’s case is so, so frustrating. Part of me is sure it’s one of the usual suspects (JVS, Tony what’s-his-name) and part of me fears it was an obsessed stranger who won’t be found since there’s no body and no DNA (I don’t think). What do you think??

I think 60% it is one of the two Johns, 30% it is a stalker such as the guy placing the weird phone calls, 10% something completely off the wall.

 

[Niner]

Monday, March 15th:
*Restitution Hearing (via telephonic) (@ 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 67) 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 of first-degree murder. 8/7/20: Sentenced to mandatory life sentence, with no possibility of parole. Ordered to pay $150K to Martinko’s estate.
Jury selection & trial (Days 1 thru 9) info from 2/7/20 thru 2/24/20 & court info to 1/18/21 reference post #250 here:
GUILTY - IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979
1/25/21 Update: ATP hearing was held by phone. Restitution hearing on 3/1/21 @ 9am via telephonic. 3/1/21 Update: Response to defendant's petition for restitution hearing. Motion: to establish defendant's ATP & defense statement as to pecuniary restitution. 3/12/21: Financial affidavit for ability to pay determination for Category B restitution. And 2nd response to request for hearing on restitution. ATP hearing (telephonic) continued to 3/15/21.

 

[Jbetty567]

Monday, March 15th:
*Restitution Hearing (via telephonic) (@ 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 67) 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 of first-degree murder. 8/7/20: Sentenced to mandatory life sentence, with no possibility of parole. Ordered to pay $150K to Martinko’s estate.
Jury selection & trial (Days 1 thru 9) info from 2/7/20 thru 2/24/20 & court info to 1/18/21 reference post #250 here:
GUILTY - IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979
1/25/21 Update: ATP hearing was held by phone. Restitution hearing on 3/1/21 @ 9am via telephonic. 3/1/21 Update: Response to defendant's petition for restitution hearing. Motion: to establish defendant's ATP & defense statement as to pecuniary restitution. 3/12/21: Financial affidavit for ability to pay determination for Category B restitution. And 2nd response to request for hearing on restitution. ATP hearing (telephonic) continued to 3/15/21.

Anyone have any luck getting their hands on Jerry’s appeal brief? Apparently it’s over 75 pages, challenging the surreptitious DNA collection. The clerk of court will send it to me but I have to pay copying fees and I’d rather not.

 

[Jbetty567]

Here’s an article: Police search of DNA behind much of the argument in Jerry Burns' appeal

 

[CastlesBurning]

Young murder victim helps solve her own cold case (story updated 8/7/21)

 

[Seattle1]

Police search of DNA behind much of the argument in Jerry Burns' appeal

April 2021

DES MOINES, Iowa - (Iowa's News Now) — Attorneys for Jerry Burns, convicted of the 1979 murder of Michelle Martinko, are continuing to fight DNA evidence they say the trial court erred in not supressing.

Months before his February trial, Burns' then-defense attorney Leon Spies argued a covert collection of Burns' DNA, through a straw he'd discarded, along with a genetic genealogy search that led investigators to Burns, violated his constitutional rights. Spies has since been withdrawn as Burns' attorney.

Judge Fae Hoover-Grinde allowed the DNA evidence to be admitted, while denying admission of internet search history on a computer Burns had access to.

[..]

Police and prosecutorial witnesses said DNA found at the crime scene matched Burns.

His new attorneys call this "Orwellian use of police power."

Defendant challenges the warrantless extraction and analysis of his DNA as a basis for relief. That does not mean, however, that the manner in which police invaded the privacy of countless other individuals is without constitutional significance.

They argue that, though Burns discarded a straw, that didn't allow police to search the straw for DNA.