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

[Seattle1]

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.

Here you go:

https://www.eff.org/files/2021/04/09/20-1150_famc_362171_amicus_brief.pdf

 

[Seattle1]

Burns isn't appealing because he's innocent, he didn't like that the straw he discarded could then be tested for his DNA. He was free most of his life and got to have a life and raise his children. Accept the punishment, dude.

 

[SharonNeedles]

Burns isn't appealing because he's innocent, he didn't like that the straw he discarded could then be tested for his DNA. He was free most of his life and got to have a life and raise his children. Accept the punishment, dude.

If your basis for appeal is “because I’m innocent” it’s denied. Pretty simple really.

 

[Seattle1]

If your basis for appeal is “because I’m innocent” it’s denied. Pretty simple really.

^^bbm
I don't believe this is a wrongful conviction of an innocent man appeal (and my point is that Burns doesn't either)!

 

[Jbetty567]

Here you go:

https://www.eff.org/files/2021/04/09/20-1150_famc_362171_amicus_brief.pdf

Thanks a ton!!

 

[itsrak]

...
So to wrap up my rant, let me sum it up with this: it scares me that a case based solely on dna is an automatic conviction...

Perhaps you're not aware of this: "When Jerry Burns computer was looked at by investigators, they found a search history that showed a big interest in the “murder of blonde women” and “porn with blonde women”. " Factual?
Possible Connection In Michelle Martinko and Jodi Huisentruit Cases

Also, Michelle had told a friend she felt she was being stalked. I think it more likely that Burns, if the perp, followed her to the mall rather than out of the mall. Parked his car near her car. Lurked. And upon her return to her car, pounced.

 

[JerseyGirl]

 

[itsrak]

Interesting. At 36:50 in it is reported that LE confirmed that Burns had a history of web searches involving blonde woman and assault rape and murder as well as necrophilia. The jury was prevented from learning about this, but still came up with a guilty verdict.

Also interesting that Jerry Burns' nephew Brian Burns disappeared on the anniversary of the disappearance of Michelle Martinko. Case never solved...

Interesting also that Brian Burns' remains have never been found. If Jerry Burns killed him, it seems he managed to successfully hide the body. Which brings to mind another Iowa cold case, dating to 1995, involving a young blonde female, whose remains have never been found ...

I'd think that if Jerry Burns killed Michelle Martinko, there is a good chance he's killed others....

 

[SharonNeedles]

I'd think that if Jerry Burns killed Michelle Martinko, there is a good chance he's killed others....

I would totally agree. It would be almost unheard of for somebody to commit a brutal murder, totally get away with it for decades, and then go on to lead an uneventful life for decades with no criminal record whatsoever.

But leading an uneventful life is exactly what Jerry Burns did.

 

[dotr]

Prime Crime: The 39-Year Cold Case Murder Mystery of Michelle Martinko
Jan 7, 2022
Prime Crime: The 39-Year Cold Case Murder Mystery of Michelle Martinko - YouTube

 

[Seattle1]

Prime Crime: The 39-Year Cold Case Murder Mystery of Michelle Martinko
Jan 7, 2022
Prime Crime: The 39-Year Cold Case Murder Mystery of Michelle Martinko - YouTube

Thanks @dotr for linking this episode!

A very telling part in the interview I'd not seen before: at about the 15 min mark, when asked about his mental health, Burns switches from his "test the DNA" mantra to asking the detective if he thinks it possible that he "blocked out a memory" but quick to correct the detective that he didn't have a "black out." Burns already trying to concoct an alibi -- blaming a history of concussions.

I don't think Burns has ever protested that he did not do this -- he didn't kill Michelle but rather somebody else killed Michelle. MOO

 

[Niner]

update on docket since April.

Event Filed By Filed Create Date Last Updated Action Date
CERTIFICATE OF TRANSMISSION OF RECORD 12/31/2021 12/31/2021 12/31/2021

Other Event ARAGUAS ELIZABETH 12/29/2021 12/31/2021 12/31/2021
Comments: REQUEST FOR TRANSMISSION OF RECORD

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

 

[dotr]

Jan 7 2022

''This is the incredible story of how an almost 40 year old cold case murder suddenly heated up. We go through the initial investigation in 1979 but then fast forward to the dramatic police interview with the suspected killer-all captured on bodycam footage!''

 

[itsrak]

Thanks @dotr for linking this episode!

A very telling part in the interview I'd not seen before: at about the 15 min mark, when asked about his mental health, Burns switches from his "test the DNA" mantra to asking the detective if he thinks it possible that he "blocked out a memory" but quick to correct the detective that he didn't have a "black out." Burns already trying to concoct an alibi -- blaming a history of concussions.

I don't think Burns has ever protested that he did not do this -- he didn't kill Michelle but rather somebody else killed Michelle. MOO

Didn't hear Burns say he did not do it, but did hear him say he didn't know who did it. Would be weird if he only ever assaulted this one lone young woman and no one else ever.

 

[Legally Bland]

Would be weird if he only ever assaulted this one lone young woman and no one else ever.

RSBM.

I would have agreed with you a couple of years ago, but I'm starting to think the reason why a lot of these cases are cold is because they only ever did it once.

Saying that, I still can't help wondering if there are other victims when they finally get caught.

 

[Jbetty567]

Yes, many of them are thought to be one and done killers. The thinking is that they keep reliving it over and over in their fantasy life, so the need to do it again is abated. I believe Jerry Burns is one of these (and he had lots of violent porn on his computer). However, I am certain that there are some for whom only one victim is attributed, but they actually have others who remain unknown.

RSBM.

I would have agreed with you a couple of years ago, but I'm starting to think the reason why a lot of these cases are cold is because they only ever did it once.

Saying that, I still can't help wondering if there are other victims when they finally get caught.

 

[ilovewings]

I am watching this case right now on 48 hours- I can tell you one reason why cases go cold for years and years: The police are blinded by the theory "it was personal"- and it was someone she knew- they simply don't look outside that box - they just don't consider it could be a random killer. This kind of scenario occurs far too often. Thank goodness for DNA and they were finally able to solve this case, but think of the broken people left behind who were suspects in cases like this--- some of those peoples' lives were ruined because they remained suspects for decades.

 

[dotr]

'Jul 10, 2023 #PrimeCrime
The brutal slaying of a teenager in a mall parking lot has investigators guessing for almost 4 decades. Yet, in 2018, a breakthrough no one saw coming.'

 

[DeDee]

I watched the "Murder at the Mall" when it was uploaded to YT by 48 Hours this week. This was news to me but you guys probably already discussed it. My hat is off to Det Delinger who got choked up acknowledging how long it took to solve Michelle's death. That genetic genealogy is impressive for solving crimes and made all the difference in this case.

In the last few minutes of this amazing presentation of police work on behalf of Michelle, they mention Jodi Huisentruit, the beloved news anchor in Mason City, Iowa who went missing in 1995.

AUG 2021
Is the killer of an Iowa teen linked to missing news anchor Jodi Huisentruit?

Michelle Martinko fought for her life in a parking lot. Her attacker was left bleeding — creating the evidence that solved the case. “48 Hours” contributor Jamie Yuccas reports.

 

[Seattle1]

11/23/23 --

IOWA COLD CASE: Human remains believed to be Brian Burns 10 years after his disappearance​