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CEDAR RAPIDS — 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.
Police covertly accessed Burns’ DNA from a consuming straw he left on a desk after lunch on the Pizza Ranch in Manchester on Oct. 29, 2018, a Cedar Rapids police investigator testified Friday.
Investigator Matthew Denlinger testified no warrant was required as a result of the straw was left behind in a public place, and search warrants have been obtained to verify Burns’ matched the DNA profile from the blood.
The listening to was reduce brief final week due to scheduling conflicts.
Leon Spies, Burns’ lawyer, could have an opportunity to cross-examine the prosecution witnesses and should have witnesses to name, which might embrace Burns.
First Assistant Linn County Legal professional Nick Maybanks will proceed his case, arguing Burns’ statements to police throughout an interview at his enterprise in December 2018 have been voluntary with none coercion from investigators, and Burns wasn’t in custody on the time, so he might have left or stopped the interview any time, in response to his movement.
As soon as police made the choice to arrest Burns on the finish of the interview, he was suggested of Miranda rights however continued to supply statements within the automotive trip to the police division, that are admissible at trial. Whereas on the division, he did ask for an lawyer, Maybanks stated within the movement.
A search of Burns’ work laptop confirmed his web searches and exercise that would present proof of a motive or his want to “abuse, assault and kill” Martinko, which was absent on this investigation up up to now, the movement states.
Jeff Holst, a Cedar Rapids police investigator who examined Burns’ workplace laptop, discovered Burns had a “fetish with sexually assaulting and killing ladies,” which gives a possible motive and intent, the movement states.
Holst discovered an everyday sample of curiosity going again to January 2018 — which is so far as the pc examination might be accomplished — of Burns’ web searches and exercise “a number of days every week within the late afternoon, night and typically after midnight,” in response to the movement.
The searches and exercise concerned Burns going to web sites and pages containing movies centered on blonde ladies as victims of strangulation throughout intercourse, rape, necrophilia, kidnapping and assault throughout intercourse — together with stabbing and killing, the movement states.
Maybanks, within the movement, stated till this evaluation of the pc, no relationship or connection had been made between Burns and Martinko. Investigators have been restricted on find out how to examine Burns’ doable motive and intent in killing the 18-year-old. Based mostly on the expertise of investigators and prosecutors, they realized juries typically want and demand proof of a motive to finish the crime.
Randy Cole, who labored over 30 years with the Division of Correctional Companies and now could be a personal marketing consultant in intercourse offender danger evaluation, will clarify the potential significance of this web exercise in figuring out motive, and the way it may assist intent and premeditation parts of a first-degree homicide cost, in response to the movement.
Cole additionally wrote a place paper containing analysis to assist his skilled opinion that the invention of “sadistic deviant pornography” discovered on Burns’ laptop is related in proving a possible motive and intent, in response to the movement.
ARTICLE CONTINUES BELOW ADVERTISEMENT
One other listening to could also be scheduled, relying on how shortly the testimony goes Thursday. The listening to begins at 1 p.m. in Linn County District Court docket.
Feedback: (319) 398-8318; trish.mehaffey@thegazette.com
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