Where Is Jerry Lynn Burns Now? 'Killer Cases' Explores His Birky said she recalled Martinko was dressed up that night and said she came from a musical banquet, according to the affidavit. A retired music teacher, Kathryn Birky, of Swisher, who taught private piano and organ lessons, said she had a regularly scheduled lesson with Martinko in the Westdale Mall the night of the attack, Spies said. At the time of the murder, Burns was 25 and lived in Manchester, Iowa. But Burns will 'forfeit his freedom forever and die alone. For the "PBS NewsHour," I'm William Brangham. "This was a brutal, violent, horrendous crime," Linn County Assistant Attorney Mike Harris said at the time. ", "This is Michelles day," he added. "Those were issues that we raised earlier and we wanted toreurgethem in hopes that the court reexamines them," Leon Spies, Burns' attorney, told the Des Moines Register on Tuesday. Cedar Rapids Police Department DAVENPORT, Ia. Jerry Burns Sentenced to Life in Prison for Michelle Her parents reported her missing later that night, her body was found in the early hours of December 20. In October 2018, Jerry Lynn Burns was drinking a soda out of a plastic glass with a clear straw. Powered by. William Brangham pic.twitter.com/COPUDpaDMP, Cedar Rapids Police (@CR_Police) December 20, 2018. "We don't exactly know the whys and some of the details, but we definitely know who did it, and that was terribly important to us," she said. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. They then used genealogical data as well as a covertly collected DNA sample from Burns to positively identify him, authorities said. COLD CASE: Burns denies involvement with Huisentruit - KWWL A man named Brian Dripps, who was her neighbor, was charged with rape and murder and will go on trial in 2021. Thank you. Cedar Rapids police then used DNA genetic genealogical research to narrow the profile "down to a specific pool of suspects, which included Burns, according to a criminal complaint. He has been charged, but notconvicted. (Rebecca F. Miller/The Gazette), First Assistant Linn County Attorney Nicholas Maybanks speaks at a sentencing hearing for Jerry Lynn Burns at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. The trial for the grisly killing of an Iowa teen in the 1970s will likely be delayed, court records show. Before 6th Judicial District Judge Fae Hoover sentenced Burns to life in prison without the possibility of parole, Burns, who never showed any emotion during his trial in February, gave a short statement. 29, 2023 9:23 am1d ago, Crime and Courts Apr. Although Burns' conviction and sentencing is clear and he is now in prison, his legal team has continued to assert his innocence and overturn the verdict. Burns, 66, was arrested at his Manchester, Iowa, business on Dec. 19, 2018 the 39th anniversary of Martinko's death and charged with first-degree murder in Martinko's slaying. 11, 2023 3:03 am19d ago, Trish Mehaffey Crime and Courts Sep. 12, 2021 10:48 am595d ago, Gage Miskimen Health Care and Medicine Jul. He Felt Like He Had Won Who Is Jerry Lynn Burns? The court also should have dismissed statements the defendant made while speaking with investigators after his arrest in December 2019. I kept asking questions, like, did somebody I know do something horrible? NewsHour regrets the error. "Admission at trial of the challenged statements violated the Defendants privilege against self-incrimination," his right to a lawyer and his right to due process as guaranteed by the Fifth, Sixth and 14th Amendments, the motion says. The only way Burns DNA couldve ended up in two spots in the crime scene, Maybanks concluded, was if Burns was the murderer. Your subscription makes work like this possible. On December 19, 2018, exactly 39 years after Martinko's murder, the police confronted Burns and arrested him after his DNA matched the one found on Martinko's clothes. Detectives found no weapon or fingerprints to identify a suspect and said Martinko had not been robbed. After turning to GEDmatch, a commercial genetic genealogy site, investigators narrowed their suspects to three brothers, all in Iowa. An analyst at the state crime lab said DNA from the straw matched blood found on Martinko's dress. Burns pleaded not guilty at his February 2020 trial but the jury deliberated just three hours and returned a guilty verdict. Years after Michael Usry Jr. was cleared, further genetic genealogy helped authorities identify the man they believe is Angie Dodge's real killer. It lies in a 'deeply selfish, lifelong personal need. Jerry Lynn Burns and defense attorney Leon Spies (right) listen as First Assistant Linn County Attorney Nicholas Maybanks (not pictured) makes arguments on behalf of the state at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. IN THE SUPREME COURT OF IOWA A pathologist said the fatal stab wound was to her heart and that she bled to death. "I wish my parents could be here to see this. Investigators used the blood samples to develop a partial male DNA profile. Maybanks noted that even though Martinko interacted with at least half a dozen friends the night of her death, including at the mall, none of their DNA was found at the crime scene. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. Burns was drinking soda through a clear plastic straw. (Rebecca F. Miller/The Gazette), Cedar Rapids Police Investigator Matt Denlinger listens as First Assistant Linn County Attorney Nicholas Maybanks (out of frame) speaks at a sentencing hearing for Jerry Lynn Burns at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. According to KWWL, at the sentencing, Stonebaker said that Burns stole those 39 years and many more from a sweet smart, talented girl who never got her chance at college, a career, marriage, children and by now, even grandchildren.. Stills of news coverage comes from Fox 28 and KCRG. In 2018, familial DNA identified a suspect named Jerry Lynn Burns, and the case was finally laid to rest with the accused getting sentenced to life in prison without parole. After listening to almost two weeks of testimony, a jury of seven women and five men returned the guilty verdict after deliberating just shy of three hours. WebLike all the cases I cover, Michelles was solved using forensic genealogy, which led police to Jerry Lynn Burns. An investigation provided the answer after all those years of who and why someone killed Martinko. If they could see some of the e-mails from these families that have had some closure, I can't imagine that anyone would say it's the wrong thing to do. Burns was arrested and questioned when his DNA matched that of some found on Martinko's clothes at the time of her murder. Finally, Burns argues the evidence was insufficient to establish his guilt beyond a reasonable doubt. The reward for information leading to an arrest in Martinkos murder was $15,000. Jerry Lynn Burns' DNA sample was collected from a plastic straw he drank soda with. Stonebraker said he is sad for the Burns family and wanted to 'wish them well.. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. A week before Burns arrest, the station described Martinkos killing as one that still haunts the Corridor., In that report, the lead investigator, Matt Denlinger, said, I believe that someone in this community knows something about this case. The mandatory penalty for first-degree murder in Iowa is life imprisonment without the possibility of parole. Kathleen T. Zellner Nicholas M. CurranElizabeth A. AragusRita Bettis AustenJennifer LynchNathan Freed Wessler Vera Eidelman Patrick Toomey, Sep 30, 2022 1:30 PM University of Iowa, College of Law, Levitt Audiotorium. So, you spend three or four weeks thinking, I'm a suspect in a brutal murder. An obituary for Burns wife, Patricia, says that she died in June 2008 at the age of 55. I didn't have a close relationship with my dad, so maybe to find some family members and just kind of learn about his side, you know? At the time of arrest, Burns had his own power-coating company called Advanced Coating Concepts. 1996 - 2023 NewsHour Productions LLC. Burns argues the trial court erred in denying his motion to suppress where the warrantless extraction of his DNA profile violated his rights under the Fourth Amendment of the United States Constitution and article I, section 8 of the Iowa Constitution. The deadline for responses from the state or a date for a hearing before a judgehas not been set yet. She never had any school problems. Hiscousin, Brian Burns,vanished Dec. 19, 2013 exactly 34 years after Martinko was killed. Jerry Lynn Burns His trial is set for June 2021. Police said that they then retrieved a covert sample from Burns which was matched to blood from the scene of Martinkos murder. It can also accuse the wrong person. Jerry Burns was born on December 23, 1953. Law enforcement said Burns hasnt been able to explain why his DNA would be at the crime scene, nor does he remember committing the crime. If found guilty of his first-degree murder charges, (Rebecca F. Miller/The Gazette), Family and friends of Jerry Burns are seated in the courtroom at a sentencing hearing for Jerry Lynn Burns at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. If found guilty of his first-degree murder charges, he'll face life in prison. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. Burns left the drinking straw behind. But they're not upset about people getting caught. YOUR DESCRIPTION HAS REACHED THE LIMIT OF CHARACTERS ALLOWED AND WAS CUT. Nsikan Akpan, Rhana Natour Speaking to KCRG, a classmate of Martinkos, Elizabeth Laymon, spoke about the day after her friend was killed saying, We went to school that day and it wasnt announced. Support our award-winning, independent journalism with a subscription today. A woman in Washington was linked to the suspect, and authorities eventually zeroed in on Burns. Please logout and login again. READ NEXT: Serial Killers Ex Thinks There Were More Victims, Parents of Murdered Teenager Did Not Live to See Her Killer Brought to Justice, Copyright 2023 Heavy, Inc. All rights reserved. (Rebecca F. Miller/The Gazette), Sixth Judicial District Judge Fae Hoover reads aloud a motion for a new trial filed by Burns at a sentencing hearing for Jerry Lynn Burns at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. Based on the number of stab wounds particularly to the young womans face police considered the homicide personal in nature. He also said it was difficult to believe that law enforcement never came across such information in the nearly 40 years of investigation. View Others View Public Details & Court Records See Who's Searching for You See Sites with Your Personal Info Make Changes to What Other's See Lock Sections of Your Profile Request Personal Reviews & On February 24, 2020, after three hours of deliberation, the jury found Jerry Lynn Burns guilty of first-degree murder. The state'suse of genetic testing to convict an Iowa man in a 40-year-old cold case was unconstitutional, according to a motion filed in Linn County court. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. You can't edit your genome. It was scary. Jerry Lynn Burns appeared in the Linn County Courthouse today for a preliminary hearing as his lawyer looked to get evidence against him suppressed ahead of the trail. Killer who brutally stabbed Jerry Lynn Burns appeared in Linn County this morning on a video monitor from jail where he had his bail set at $5 million. WebJerry Lynn Burns, 64, was arrested Wednesday morning and is facing a first-degree murder charge in the case. Jerry Lynn Burns was sentenced to live in prison Credit: Cedar Rapids Police Department. And then it takes a few days for it to upload and analyze, and I just kind of forgot about it. No match was made through that system. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. She was 18 years old. I can't imagine anyone saying, I don't want to help these families. The Cedar Rapids Police Department said in a After her death, authorities described Martinkos murder as personal in nature. Police also said that Martinko had defensive wounds, indicating that she had tried to fight her killer. Correction: In an earlier version of this story we said Brian Dripps was charged and convicted for the murder of Angie Dodge. It was almost like a dream. (Rebecca F. Miller/The Gazette), Jerry Lynn Burns is led from the courtroom following his sentencing hearing at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. The detective on the case, Matt Denlinger, gave me some interesting details. Burns' sentence also included that he wouldn't be eligible for parole. Comments: (319) 398-8318; trish.mehaffey@thegazette.com, Bailey Cichon Podcasts Apr. Because this moment has finally come. But not everyone is so eager to have their DNA end up in a police dragnet. Investigators later sought the services of a company that specializes in DNA phenotyping, which Cedar Rapids police described as the process of predicting physical appearance and ancestry from unidentified DNA evidence. "For Michelles family and friends, we know that the pain of losing a daughter, sister or friend will never go away," Jermansaid. She wasn't crying so much as gasping, choking. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. I am a brokenhearted mother.. At this time, however, Burns remains behind bars. Her obit says that she enjoyed farming and gardening with her husband. We need those people to come forward and give us that information so we can bring closure to this case and to Michelles family., In announcing Burns arrest, Cedar Rapids Police Chief Wayne Jerman said, Last year, I had the opportunity to spend some time with Michelle Martinkos sister, Janelle, along with her husband, John Stonebraker. Previous coverage:Decades after fatal stabbing, Michelle Martinko's family comes face-to-face with her alleged killer. Jerry Lynn Burns, 64, of Manchester, was arrested and charged with first-degree murder on Wednesday, nearly 40 years after the brutal murder of 18-year-old The sketch indicated a white man in his late teens or early 20s, weighing between 165 and 175 pounds, and standing about 6 feet tall. Jerry Burns' mugshot and a family photo of Michelle Martinko. ", In closing arguments Monday, Spies repeated a phrase from his opening arguments: "Genetic information tells us much about what we are, but not necessarily who we are or where we've been.". Tyler Davis can be contacted at tjdavis@dmreg.com or on Twitter @TDavisDMR. A witness testified he signed this image from a newspaper article We all kind of found out through classes we were in. Now in his late 60s, Burns is currently behind bars and will stay there till he dies. Burns maintained his innocence in pretrial hearings and throughout the trial, but the jury took only three hours to reach a verdict after hearing DNA evidence. Within days ofMartinko's killing, police received more than 200 phone calls and letters from people who wanted to help, according to Des Moines Register archives. He faces a first-degree murder charge after investigators say they found his blood at the crime scene. Please check your inbox to confirm. We would also like to extend our sympathy to the Martinko family.. Jerry Lynn Burns was finally arrested in October 2018 for the murder of Michelle Martinko, that took place 39 years prior. Rhana Natour. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. This is the moment of reckoning for him and the moment, long awaited, of resting peace for Michelle.. Decades after fatal stabbing, Michelle Martinko's family comes face-to-face with her alleged killer, Latinos are opening more small businesses than anyone else in the US, Your California Privacy Rights/Privacy Policy. But by 2 a.m., her father called the police because she had not returned home. Jerry Burns - Wikipedia Photos are courtesy of Robert Riley. What we know about Jerry Burns and the woman he's The family never gave up hope that this case would be solved. All rights reserved. The Gazette has been informing Iowans with in-depth local news coverage and insightful analysis for 140 years. Jerry Lynn Burns' mugshot. He also wished the Burns family well, saying they now have to pick up the pieces of their lives just like the Martinko family did. The defense team for Jerry Lynn Burns filed an unresisted motion for continuance Friday asking a Linn County judge to push back court proceedings. A father took an at-home DNA test. His son was then falsely - PBS Authorities arrested 64-year-old Jerry Lynn Burns of Manchester this morning. Turns out the murderer was a distant, distant relative of Jennings. She thinks this new crime-fighting tool is a great thing But after authorities in California used GEDmatch to catch the Golden State Killer, Rogers began to slowly welcome police into the database. But more than 60 suspects were eliminated and the case ran cold. Leads in the case resulted in dead ends until investigatorsused a genetic genealogy website to connect Burns' DNA to the crime scene. You will begin to receive our Daily Courts & Public Safety updates. During this difficult time and as the justice system runs its course we ask that our privacy be respected.. The law cannot punish Burns for the damage he had done to Martinko's family or the 'terrible shock, shame, pain and devastation inflicted on the innocent lives of his own family. (Rebecca F. Miller/The Gazette), Sixth Judicial District Judge Fae Hoover listens as First Assistant Linn County Attorney Nicholas Maybanks (not pictured) speaks at a sentencing hearing for Jerry Lynn Burns at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. The brothers were eliminated as suspects during the investigation. In October 2018, Matthew Denlinger, a Cedar Rapids police investigator,saw Burns drink sodas out of a plastic glass with a clear straw. Burns pleaded not guiltyin January. She had goals for herself, things she wanted to do with her life, and she would write them down and achieve them., I dont know if Ill ever get over this, Mrs. Martinko added. The sisters' parents died more than 20 years ago,Albert Martinko in 1995and his wife, Janet, in 1998. https://www.pbs.org/newshour/show/a-father-took-an-at-home-dna-test-his-son-was-falsely-accused-of-murder. She says, remember, Michael Usry never tested his own DNA. Spies argued that if the defense had this evidence at trial, jurors might have come back with a different verdict. Martinko's father Albert and mother Janet died in 1995 and 1998 respectively. On June 19, 1980, police released a composite sketch, developed based on descriptions provided by two witnesses, of the man they believed stabbed Martinko. He previously co-owned a truck stop near town. His wife and other close members of his family were allowed to attend the sentencing but seating was limited to allow for social distancing in the courtroom. "The people in law enforcement take on their duty and their task seriously," Maybanks told the Des Moines Register, part of the USA TODAY Network,afterthe verdict. All Rights Reserved. The Kennedy High School senior had drivento the mall after a school choir banquet to shop for a new winter coat. Teen Michelle Martinko was stabbed to death in 1979. 2023 Iowa Judicial Branch. Be the first one to comment on this story. Murderer Jerry Lynn Burns was not caught for almost 40 years. "I wish my parents could be here to see this.". You can change your address if things get really dark. It was a case, Cedar Authorities arrested 64-year-old Jerry Lynn Burns of Manchester this morning. newsletter for analysis you wont find anywhereelse. Experts in 2018built a male profile based on DNA left at the scene of Martinko's death. Rogers initially built it so people like Brandy Jennings could use their DNA results to build out their family tree. In September 1986, the Iowa Supreme Court rejected claims made byMartinko's father that the shopping center was negligent because it did not provide "reasonable security" for his daughter, the Register reported at the time. People may receive compensation for some links to products and services on this website. All Rights Reserved. When it came crashing down was when they walked out of the room and the biggest state policeman that I have ever seen in my life came in with latex gloves and a cotton swab and said, I'm going to take your DNA now. Jerry Burns, convicted of killing Michelle Martinko, says Genetic testing was key to the state's case against Burns. Investigatorssaid the man who stabbedMartinko cut his hand and left blood behindon her clothes and on the gear shift knob. She was a beautiful singer, and I miss all this. Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, State Court Administration Organizational Chart, Submission of CLE Programs by CLE Sponsors. This is part of our regular series on the Leading Edge of science and technology. Stonebraker and his wife, Janelle, Martinko's only sister, live in Florida and were unable to attend the hearing. Police found Martinko's body in her parents' tan 1972 Buick at Cedar Rapids Westdale Mall parking lot around 4 a.m. on Dec. 20, 1979. Nicholas Maybanks, the Linn County prosecutor handling the case, did not resistthe continuance, court records show. "One of the areas that continues to tug at my heart," Cedar Rapids' police chief said during a press conference last December, "was (Martinko's sister) expressed how sad their parents passed away without knowing who killed their daughter, Michelle. Although Michelle was killed, her fighting spirit was a key to solving her case 40 years after the crime.
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