Court is scheduled to begin at 2:30 p.m.. The prosecution did not resist either request, and the trial was rescheduled for February 10, 2020 in Scott County. Jerry Lynn Burns will raise two child. But by 2 a.m., her father called the police because she had not returned home. [9] After the event, she asked her friend and twirling squad teammate if she wanted to join her on a shopping trip to the Westdale Mall, which had recently opened, and where Martinko worked. I miss all her singing and her beautiful music. Might be nothing, but Jerry has a cousin who went missing in 2013 and it has become a cold case and Jerry's wife committed suicide in 2008. On August 7, 2020, Burns was sentenced to life in prison without parole. Parabon made predictions for "ancestry, eye color, hair color, skin color, freckling, and face shape," police said, and the department released the composite images to the public in May 2017. The defense also requested the trial be moved out of Linn County based on the amount of attention the case had received over the past four decades, as well as "pervasive and prejudicial pretrial publicity". [26] He was not able to provide an explanation for why his DNA would have been present at the crime scene. Even though the police were tipped over 200 times in the weeks following the murder, the case eventually grew cold as investigations stretched on. The police then began procuring evidence secretly. [7] Martinko was the younger of two daughters of Albert F. Martinko and Janet Martinko (ne Zillig). Jerry A. Burns, age 69, of Bryan, Texas went home to be with the Lord on Thursday, September 29, 2022 at 10:56 p.m. Exactly 39 years after Michelle Martinko's body was found, DNA evidence led to the arrest of a Manchester man who was charged with her 1979 murder. The judge ordered a $5 million cash bond, and Burns is set to return to court for a preliminary hearing on Dec. 28. [29] The judge determined the search history was not usable in the trial due to the decades of time separating the murder and the searches. The defense team for . jerry lynn burns defendant-appellant. Visitation for Jim will be held on Monday, March 13, 2023 from 4:00PM until 6:00PM at the Peacock Family Chapel. A composite sketch of the suspect was released in June 1980 with the help of two witnesses. Authorities pored over 300 pages of internet search terms and 400 pages of website history, according to court testimony Thursday - almost all of it involving blonde females and most web searches starting with queries about blonde strangulation. Like all the cases I cover, Michelles was solved using forensic genealogy, which led police to Jerry Lynn Burns. [14] Burns's cousin, Brian Burns, went missing on December 19, 2013 and has not been found. Ha ha. Burns originally refuted every charge of involvement in this crime during interrogation by claiming he was unable to provide the authorities with a "plausible explanation" for why his DNA was found at the crime site. Burns also built himself a new home on his parents' land and opened a gas station and convenience store nearby. A jailhouse informant also testified in the case Tuesday. According to court documents, a judge has ruled internet search history from the man accused in a 1979 murder will not be able to be used during trial. Jerry Burns on Trial AP Jerry Burns of Manchester, Iowa, is led into the courtroom during closing arguments for his trial at the Scott County Courthouse in Davenport, Iowa on Monday, Feb. 24, 2020. The murder of Michelle Martinko in the parking lot of Cedar Rapids' Westdale Mall has some eerie connections to the Huisentruit case. In 2012, while serving a life sentence for an unrelated attack, the man died in prison from colon cancer. 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. In fact, his father Harvey, now 85, had been one of the original officers on the case 40 years earlier. Burns is accused of murdering Michelle Martinko in 1979. While being questioned about . New comments cannot be posted and votes cannot be cast, Science & criminal justice teamed up in 2018 to start cracking cold cases! Jerry Lynn Burns (defendant-appellant), which is before the Iowa Supreme Court. The trial was then moved to February 2020. 20-1150 APPEAL FROM THE IOWA DISTRICT COURT FOR LINN COUNTY HONORABLE FAE E. HOOVER . [2], On October 29, 2018, an investigator observed one of the brothers, Jerry Lynn Burns, drink multiple sodas using a plastic straw. Powered by. However, the case gradually grew cold as the investigation stretched on. [2][16] At 2a.m., since Martinko had still not returned home, her father reported her missing. He said he remembered the case from seeing it in the news, but didn't know Martinko and didn't have anything to do with it, Denlinger testified. In a press conference during which the new image was shared, a former classmate of Martinko exclaimed that the face looked like another one of their classmates, but that classmate had been investigated and was cleared based on a DNA swab several years before. But the software he used allowed him to review history and activity only to January 2018. Born in 1953, Jerry Lynn Burns grew up in Manchester, Iowa, and graduated from West Delaware High School in 1972. Visitation will be held from 5 The hearing will continue in Linn County District Court, though a date has not been set. The 55 year-old Delaware County man was last seen on December 19, 2013 - 34 years to the day of Martinko's murder. Updated Sep 20, 2022 at 3:27pm. Burns has hired a very high profile attorney and has said he plans to appeal his conviction, which was very largely based on the DNA evidence. In October 2018, an investigator was able to snag a straw used by one of the three brothers, Jerry Lynn Burns, and tested it against the sample, getting a match. The case was appealed and was eventually decided by the Iowa Supreme Court in favor of the mall owners. Police covertly obtained Burns' DNA from a drinking straw he left it on a table after eating lunch Oct. 29, 2018, at the Pizza Ranch in Manchester, testimony showed. In recent years, authorities began taking a closer look at a man named Jerry Burns, who was arrested and convicted in the 1979 abduction and murder of 18-year-old Michelle Martinko. ", First published on November 6, 2020 / 8:47 AM. Offender records are public information pursuant to Section 904.601 (1)Iowa Code (1999). A hearing over whether to allow the evidence at trial continued Thursday for a second day. Jerry Burns' mugshot and a family photo of Michelle Martinko. See if it is.. Burns denied any involvement in the murder. A juvenile found carrying a knife was interviewed and ruled out in her murder, as was a shopping center employee who had told police that he enjoyed following women and ogling store mannequins. [23] Out of more than 80 potential suspects that had been identified over the years, more than 60 people were tested and cleared of suspicion. [2], Martinko's father, Albert, died in 1995. Cellmate recounts multiple outbursts in Jerry Burns murder trial, The Christmas Project is back raising money for local non-profits, 3-year-old Cedar Rapids child confirmed dead from accidental drowning, The Carson King saga, a legendary Iowa tale of giving back, Active police investigation in Cedar Rapids, SIX MONTHS LATER: Derecho cleanup, recovery, replanting continues, Hawkeyes roll by North Carolina A&T 112-71. Yeah, it's really really good! physical distance - it was a 2 hour drive to and from mason city to cedar rapids. 20-1150). Holst said that in reviewing Burns' computer, he found hundreds of searches and website visits - a pattern that happened several times a week. [38] Burns is currently imprisoned in the Anamosa State Penitentiary. This evidence was inadmissible at trial but was the subject of a public suppression hearing. Denlinger said he intentionally chose that day to interview Burns because it was the anniversary of Martinko's death. 6931989, Anamosa State Penitentiary, 406 N. High Street, Anamosa, IA 52205. A Manchester man convicted of first-degree murder has announced he has hired a new attorney who will seek to exonerate him of the crime, a private investigator has told the Manchester Press . Sexual Assault of Unnamed Victim (12) . We would also like to extend our sympathy to the Martinko family.. Supreme Court No. Jerry Lynn Burns was arrested in the 1979 killing of Michelle Martinko. [9] She was fully dressed, and the medical examiner determined she had not been sexually assaulted. Police sent the blood samples to CODIS the nationwide data base of DNA collected from arrested offenders but didn't get a hit. Comments: (319) 398-8318; trish.mehaffey@thegazette.com, Trish Mehaffey Crime and Courts Sep. 12, 2021 10:48 am535d ago, Gage Miskimen Health Care and Medicine Jul. Anthony Rex officiating. "I did not see this day coming," Franzman said on a broadcast this week. The primary evidence police had to go on was blood on Michelle's dress and on the car's gearshift that in 2005 was finally identified as male DNA. Hernando . Lives in Tyler, Texas. On the way, Burns continued to talk. Spies asked if he had consent from Burns to take the lunch straw for testing. The Cedar Rapids teenager was found stabbed to death in her parents car parked at Westdale Mall. 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 Michelle Martinko in the parking lot of . The police never received the information, and the woman did not contact police until months later, when they reissued a call for any information connected to the murder. He was born in Hundred, WV on April 24, 1930, a son of the late Robert Lee and Rebecca Taylor Merriner. [11][18] In the year after the killing, the number of people interviewed by police reached the hundreds, and up to 30 people were interviewed under hypnosis. Jerry Lynn Burns granted independent journalist, Steve Ridge, an exclusive Christmas Eve interview, in which Burns also said he will seek a new trial in the Martinko murder. Investigators had reviewed Burns' 2018 internet searches and found that he regularly visited websites showing blonde women being raped, stabbed, and strangled, and which depicted sexual intercourse with murder victims. UPDATE: Trial set for Iowa man accused in 1979 killing of Michelle Martinko . On cross examination, Spies asked Holst if he had expertise in psychology or forensic psychology. JERRY LYNN BURNS, Defendant-Appellant. The first piece of progress in the case came in 2006 when a sample of the suspect's DNA from Michelle Martinko's car was submitted to a lab for processing, police said. She was unsure her information would be of any use because she had read that the murder happened between 10p.m. and midnight, and it was 2a.m. when she drove by. ", Whoever the killer was, he had come prepared. [10] She wore a black jersey dress and black scarf, black tights and heels, and a waist-length white and brown rabbit fur jacket, and she carried a brown leather purse. In a brief interview with the Cedar Rapids Gazette in 1980, Janet said of her daughter, She loved music. Oral Argument Schedule. Gerald Edward "Jake" Merriner, 92, of Jane Lew passed away on Monday, February 27, 2023 in the Stonewall Jackson Hospital. Burns pleaded not guilty in 2019 and when his trial was supposed to begin in October of that year, his defense team requested additional time to review fresh pieces of evidence and gather witnesses. [9][2], Police had few leads and appealed to the public for tips. Over 40 years ago, teenager Michelle Martinko was stabbed to death outside a mall in Cedar Rapids . Copyright 2023 CBS Interactive Inc. All rights reserved. He entered a plea of not guilty. [2], In 2006, 27 years after Martinko's killing, a new cold case investigator working for the Cedar Rapids Police Department received a tip connected to the case. [2], Martinko had been stabbed 29 times in her face, neck, and chest. Burns told the investigator about 25 times to test him, Denlinger said. I couldnt have said it better myself, and Im the podcaster! After the arrest this week of Jerry Burns in the 1979 killing of 18-year-old Michelle Martinko, an Iowa city is left shocked, saddened, and skeptical. When Burns disposed of the straw, the investigator collected it and tested it for DNA. Grab your popcorn & get comfy as we dive into some dusty old cases revitalized thanks to genetic genealogy (& a bit of good ol' fashioned detective work! Mason City police won't disclose whether or not they are now looking at Jerry Burns as a suspect in that case. His ex-wife, Patricia, committed suicide in 2008, and his cousin Brian Burns astonishingly disappeared. They wanted to try to get an explanation for why Burns' DNA was found at the crime scene and to get a DNA sample from Burns to confirm the DNA obtained from the drinking straw. 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