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

[Niner]

My mistake - the hearing from 1/10/20 was reset to 1/16 NOT 1/13

Event Filed By Filed Create Date Last Updated Action Date
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.

Notice MAYBANKS NICHOLAS GEORGE 01/10/2020 01/10/2020 01/10/2020
Comments: OF WITHDRAW AS CO-COUNSEL

COURT REPORTER MEMORANDUM AND CERTIFICATE 01/10/2020 01/10/2020 01/10/2020

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

 

[Niner]

Thursday, January 16th:
*Preliminary (Suppression) Hearing (@ 10am 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.
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. Case Management hearing on 1/27/20. Trial is set to begin on 2/10/20. 1/10/20: Withdraw of co-counsel, Nicholas Waybanks.

 

[jaejae]

Here is a report about the ongoing legal proceedings in this case:

The prosecution Thursday will give attention to Jerry Burns’ statements to police and what was discovered on his cellphone and computer systems. Investigators consider it reveals his “fetish with sexually assaulting and killing ladies” — a doable motive for killing 18-year-old Michelle Martinko in 1979.

Burns, charged with first-degree homicide, is asking the courtroom to toss out DNA and laptop proof — which led authorities to make an arrest within the 39-year-old chilly case. In his movement to suppress, Burns’ lawyer argues the proof was obtained with out warrants and there have been violations of privateness and different rights.

Final week, a police investigator defined how public family tree database GEDmatch led to Burns being recognized as a match to the DNA proof — blood discovered on Martinko’s gown and the gearshift of her automotive the place her physique was discovered Dec. 20, 1979.

Hearing in Michelle Martinko murder case to focus on Jerry Burns’ ‘deviant’ computer activity

 

[Legally Bland]

@ShannonMoudyTV
·
56m

Back in the courtroom for part two of a suppression hearing for Jerry Burns. Legal teams just filing in. Hearing scheduled for 1 pm.


43m

Court in session. State recalls first witness: CRPD investigator Matthew Denlinger.


42m

Denlinger says on Dec. 19, 2018 police went to Burns’ business to either get voluntary DNA sample or DNA swab under a warrant.



28m

Denlinger says they weren’t there with intention of arrest. Says Burns was free to end convo, leave, or use phone.

 

[Legally Bland]

@ShannonMoudyTV
·
27m

Officers asked Burns if he had anything to do with #MichelleMartinko murder. He told them no.


22m

Denlinger says late in their conversation he told Burns they we’re running out of people to collect DNA from. Told him, “You stop doing that when you find the person responsible.”


21m

Denlinger says Burns denied anything to do with murder, denied voluntary DNA sample. They had a warrant for his DNA. Denlinger says “almost everyone” submits willingly when asked for DNA.


18m

Denlinger says after gathering the sample, Burns told them “25 times” to ‘just test it.’ Later changed to say he ‘had no recollection’ of being at the crime scene.



9m

State going through transcript of police interview w/Burns and if he ever asked for a lawyer. Denlinger says Burns never explicitly requested ending interview or for attorney, but did bring up a lawyer a few times. He said he couldn’t explain certain things “without a lawyer.”

 

[Legally Bland]

@ShannonMoudyTV
·
6m

Denlinger says Burns indicated he wanted to go back to work. Other officers were listening to interview through transmitter. He says they were prepared to leave and come back later, but he got a text from superiors to arrest Burns.


4m

Denlinger says after arrest in route to police department Burns made reference to “blacking out” but didn’t admit he blacked out.


4m

Cross-examination begins.


1m

Defense attorney Leon Spies asking about male DNA profile found at crime scene, saying DCI reports said it may not have come from blood. Could have been sweat, semen, saliva, etc. he says.

 

[Legally Bland]

@ShannonMoudyTV
·
1m

Spies asking about date significance of Dec. 19th interview. Denlinger says he picked that day because it was the anniversary of #MichelleMartinko murder. Says he hoped it would make Burns more willing to talk.

 

[Legally Bland]

@ShannonMoudyTV
·
6m

Spies also hitting on Burns mention of a lawyer in interview. Spies says Burns said he didn’t have any more to say and brought up a lawyer several times. Denlinger says if he would have specifically asked for one, he would have allowed Burns to call attorney.

 

[Legally Bland]

@ShannonMoudyTV
·
22s

Spies establishing police didn’t get consent from first genetic match on GEDmatch to use DNA in investigation. Spies suppression motion hinges on whether these types of searches necessitate consent or if these DNA databases are public.

 

[Legally Bland]

@ShannonMoudyTV
·
3m

The technology (genetic genealogy) is fairly new and even more recently used in police investigation. Has led to many breaks and arrests in cold cases, most notably California’s #GoldenStateKiller.


2m

State begins re-direct.



1m

Asking about male DNA profile tested by DCI. Denlinger reiterates from everything he saw it was indicated it came from blood on #MichelleMartinko’s dress and gear shift of Buick.

 

[Legally Bland]

@ShannonMoudyTV
·
49s

State also establishing Burns could have called a lawyer or ended interview at any time. Denlinger says his mention of lawyer, etc. was “conversational” and it happens often in police interviews.

 

[Legally Bland]

@ShannonMoudyTV
·
4m

Denlinger says as far as Parabon Nanolabs informed them their use of DNA database was public and users knew of law enforcement use.

 

[Legally Bland]

@ShannonMoudyTV
·
2m

State calls CRPD Sgt. Kent Choate.

 

[Legally Bland]

@ShannonMoudyTV
·
5m

Sgt. Choate says they made decision to arrest Burns based on DNA evidence that placed him at scene and failure to explain. Also fear he’d hurt himself or others if he left since “he was found out.”

 

[Legally Bland]

@ShannonMoudyTV
·
3m

Spies asking about the large task force spread out for surveillance and interview of Burns. Officers have said arrest was not planned before, but Spies points to police planning documents that talk about Burns being taken into custody.

 

[Legally Bland]

@ShannonMoudyTV
·
5m

State now calls CRPD investigator Jeff Holst, who is trained in forensic examination of computers and electronics. Examined Burns cellphone.


2m

Says they didn’t find any evidence Burns had been searching the internet on his phone. Holst says they believed he’d been using a computer or other device to use the internet.


1m

Wanted to know if Burns had researched the Martinko case or DNA.

 

[Legally Bland]

@ShannonMoudyTV
·
5m

Holst says on Burns’ work computer they found someone had searched “violent sexual assault and homicide” including searches for “blonde strangulation.”

 

[Legally Bland]

@ShannonMoudyTV
·
4m

Holst says the videos searched looked real - like someone was actually being harmed. Points to one example of video about a woman being molested after being stabbed.

 

[Legally Bland]

@ShannonMoudyTV
·
29m

Holst says the videos searched looked real - like someone was actually being harmed. Points to one example of video about a woman being molested after being stabbed.



14m

State now calls Randy Cole, a retired Dept. of Corrections Officer and now private investigator/consultant.


·
7m

Cole is an expert in sexual offenders and has been a master trainer in the most widely-used scale to estimate recidivism (rate of re-offense) among sexual offenders.

 

[Legally Bland]

@ShannonMoudyTV
·
13m

Hearing ending now with Cole still on the stand. Judge says there’s still half a days worth of testimony. Will schedule rest of hearing for later date.