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

[Sillybilly]

In considering the disappearance of Brian Burns somehow being related to Michelle's case, please do NOT base any of your discussion on the comments by the general public from the article. They are not considered factual. Stick to discussing the MSM article and pass on the comments section.

Thanks.

 

[Niner]

Monday, May 20th:
*Case Management Hearing (@ 9am CT) – IA – Michelle Marie Martinko (18) (Dec. 19, 1979, Cedar Rapids) - *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.
12/20/18 Update: Next hearing scheduled for 12/28/18. 12/28/18: Judge Hoover assigned to case. Waived preliminary hearing. Asserts 5th, 6th, & 14th Amendments.
1/26/19 Update: Hearing on 1/30/19. Hearing was held 1/25 – written arraignment & he plead not guilty.
1/30/19 Update: Trial date has been set for 10/14/19. Next hearing is on 4/15.
2/4/19 Update: Motion to withdrawn from counsel, granted 2/6/19. 2/15/19 Update: Motion to extend pretrial motions deadline.
3/1/19 Update: Motion to compel DNA labs, granted 3/5/19. 4/10/19 Update: Motion to continue Case Management hearing to 5/20.

 

[itsrak]

I wonder why Burns get a $5,000,000 bond, but guy in MN in similar situation, Westrom, gets bond of 1/10th that and is out....

Jerry Westrom, Accused In 1993 Cold Case Murder, Posts $500K Bail

 

[Niner]

Order setting hearing HOOVER GRINDE FAE 05/18/2019 05/20/2019 05/20/2019
Comments: CASE MANAGEMENT CONFERENCE RESET 06/03/2019 09:00 AM DCNJ.
ADDITIONAL MINUTES OF TESTIMONY MAYBANKS NICHOLAS GEORGE 04/29/2019
04/29/2019 04/29/2019
Order setting hearing HOOVER GRINDE FAE 04/10/2019 04/11/2019
04/11/2019
Comments: RESET CMC 05/20/19 @ 9:00

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

 

[Niner]

I wonder why Burns get a $5,000,000 bond, but guy in MN in similar situation, Westrom, gets bond of 1/10th that and is out....

Jerry Westrom, Accused In 1993 Cold Case Murder, Posts $500K Bail

No idea...

 

[Niner]

Monday, June 3rd:
*Case Management Hearing (@ 9am CT) – IA – Michelle Marie Martinko (18) (Dec. 19, 1979, Cedar Rapids) - *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. Linn County
DNA Parabon Nanolabs DNA Phenotyping SnapShot.
12/20/18 Update: Next hearing scheduled for 12/28/18. 12/28/18: Judge Hoover assigned to case. Waived preliminary hearing. Asserts 5th, 6th, & 14th Amendments.
1/26/19 Update: Hearing on 1/30/19. Hearing was held 1/25 – written arraignment & he plead not guilty.
1/30/19 Update: Trial date has been set for 10/14/19. Next hearing is on 4/15.
2/4/19 Update: Motion to withdrawn from counsel, granted 2/6/19. 2/15/19 Update: Motion to extend pretrial motions deadline.
3/1/19 Update: Motion to compel DNA labs, granted 3/5/19. 4/10/19 Update: Motion to continue Case Management hearing to 5/20.
5/20/19 Update: Hearing has been continued to 6/3.

 

[YESorNO]

October trial on track for man accused of killing Michelle Martinko in 1979
Jerry Burns' trial set for Oct. 14 in Linn County

June 03, 2019

"CEDAR RAPIDS — The October trial remains on track for a Manchester man accused of fatally stabbing 18-year-old Michelle Martinko in 1979.

In a hearing Monday, the attorney for Jerry Burns, 64, and two prosecutors said evidence materials are being shared and there were no pending motions to discuss.

Burns waived his right to be present at the hearing and didn’t attend....

Spies asked the judge for an in-camera review — documents examined by the court but not made public — regarding Burns’ health records.

Judge Hoover-Grinde granted the review and ended the hearing. She and lawyers stayed to conduct the review.

The trial remains set for Oct. 14 in Linn County District Court....

Burns has pleaded not guilty to first-degree murder and is jailed on a $5 million cash-only bail."

October trial on track for man accused of killing Michelle Martinko in 1979

 

[Niner]

hmmm.... no new court dates on the court site!

 

[imstilla.grandma]

The trial for the grisly killing of an Iowa teen in the 1970s will likely be delayed, court records show.

The defense team for Jerry Lynn Burns filed an unresisted motion for continuance Friday asking a Linn County judge to push back court proceedings. Burns, 65, has been charged with first-degree murder for the 1979 killing of Michelle Martinko and was set to go on trial Oct. 14.

Burns' defense team said in the motion that it had received fresh notice of evidence and witnesses as recently as Aug. 5, prompting the need for more time. Nicholas Maybanks, the Linn County prosecutor handling the case, does not the resistance the continuance, the motion states.
Trial for suspect in 1979 slaying of Michelle Martinko likely delayed, records show

 

[Niner]

Thanks for the update inmyhumbleopinion!

Nothing "new" on the court site as of this morning....

Here's the link:
https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm

Case #FER129718

If someone can keep an eye on that - I won't be back on WS until Oct. 2nd - holiday in California!

 

[YESorNO]

Murder trial delay likely in cold case of Michelle Martinko
Defense, still receiving evidence, says it needs time to prepare

Sept 16, 2019

"CEDAR RAPIDS — The trial for a Manchester man accused of fatally stabbing 18-year-old Michelle Martinko in 1979 likely will be postponed because the defense may need additional technical information and expert witnesses to prepare for the trial.

Leon Spies, defense attorney for Jerry L. Burns, 64, charged with first-degree murder, in his motion Friday for the delay said the prosecution of Burns has been a “lengthy and complex investigation” that has included uncommon investigative and forensic measures, such as the genetic genealogy that cracked this 39-year-old cold case.

Just last month, Spies said he received additional testimony that includes expert witnesses and forensic evidence from the prosecution.

Spies said the information needed can’t “reasonably” be gathered in enough time before the current trial date of Oct. 14 to be evaluated....

Sixth Judicial District Judge Fae Hoover-Grinde had not, as of Monday, set a hearing to discuss trial dates or approve the delay...."

Murder trial delay likely in cold case of Michelle Martinko

 

[inmyhumbleopinion]

Thanks for the update inmyhumbleopinion!

Nothing "new" on the court site as of this morning....

Here's the link:
https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm

Case #FER129718

If someone can keep an eye on that - I won't be back on WS until Oct. 2nd - holiday in California!

You mean @imstilla.grandma !

I hope you are having s good time in California. It’s actually my personal favorite place to vacation. Whether by the ocean or the mountains, nature always seems so close by. Cities are very interesting and so fun to visit. And when it comes to food, you can have the very best of every cuisine, thanks to the area’s diverse demographics, and the fresh produce and other ingredients that are available locally. Only if it weren’t so expensive ... !

 

[YESorNO]

Michelle Martinko’s murder ‘haunted’ the Cedar Rapids community for 40 years. Now, her suspected killer is set to go on trial.

OCT 2, 2019

"...Burns now sits in a safety jail smock at the Linn County jail, held on a $5 million cash-only bond, charged with first-degree murder; a criminal complaint alleges he acted with “malice aforethought, willfully, deliberately, and with premeditation.”

First-degree murder is a Class A felony in the state of Iowa, meaning that if Burns is found guilty, his sentence will be life in prison without parole.

Burns is represented by Iowa City lawyer Leon Spies, who has handled a number of high-profile cases — perhaps most notably serving as the defense attorney in Dustin Honken’s 2004 federal murder trial, Iowa’s first death penalty case in 40 years. (Honken was convicted of murdering five in 1993. He currently sits on death row.)

Burns has entered a plea of not guilty. His trial was set for Oct. 14, 2019 at the Linn County Courthouse, but on Sept. 17, the defense filed a delay request, citing the need for more time to gather evidence. The prosecution expressed no objections. As of publication time, the request is still pending....."

Michelle Martinko's murder 'haunted' the Cedar Rapids community for 40 years. Now, her suspected killer is set to go on trial. | Little Village
---

JERRY LYNN BURNS ARRAIGNMENT

Dec 20, 2018

 

[inmyhumbleopinion]

Michelle Martinko’s murder ‘haunted’ the Cedar Rapids community for 40 years. Now, her suspected killer is set to go on trial.

OCT 2, 2019

"...Burns now sits in a safety jail smock at the Linn County jail, held on a $5 million cash-only bond, charged with first-degree murder; a criminal complaint alleges he acted with “malice aforethought, willfully, deliberately, and with premeditation.”

First-degree murder is a Class A felony in the state of Iowa, meaning that if Burns is found guilty, his sentence will be life in prison without parole.

Burns is represented by Iowa City lawyer Leon Spies, who has handled a number of high-profile cases — perhaps most notably serving as the defense attorney in Dustin Honken’s 2004 federal murder trial, Iowa’s first death penalty case in 40 years. (Honken was convicted of murdering five in 1993. He currently sits on death row.)

Burns has entered a plea of not guilty. His trial was set for Oct. 14, 2019 at the Linn County Courthouse, but on Sept. 17, the defense filed a delay request, citing the need for more time to gather evidence. The prosecution expressed no objections. As of publication time, the request is still pending....."

Michelle Martinko's murder 'haunted' the Cedar Rapids community for 40 years. Now, her suspected killer is set to go on trial. | Little Village
---

JERRY LYNN BURNS ARRAIGNMENT

Dec 20, 2018

Well-written and researched article. Thanks for sharing, YESorNO. Found the following particularly interesting personally:

“Martinko had been stabbed 21 times in the face, neck and chest. Her hands were ravaged with defensive wounds, which investigators saw as her trying to fight off her attacker.

[SBM]

The victim hadn’t been robbed or sexually assaulted. Based on the location and number of stab wounds, officers described the crime as ‘personal in nature.’ The murder happened while she was in the Buick, investigators reasoned, as there was no blood on the outside of the car or on the pavement. And since the killer left no fingerprints behind, police presumed they wore gloves.

[SBM]

A reporter asked if investigators had a clue of the alleged murderer’s motive. [Linn County Attorney Jerry] Vander Sanden declined to comment.

[SBM]

Burns was 25 at the time of Martinko’s death. Investigators report they have not found evidence suggesting Burns and Martinko knew each other.

CRPD investigator Jeff Holst was assigned the task of going through the suspect’s computers. In Burns’ business computer, Holst found evidence of internet searches and activity involving ‘blonde females, assault, rape, strangulation, murder, abuse and rape of a deceased individual, and cannibalism.’

[SBM]

[Michelle’s close friend and fellow twirler Jane] Hansen was surprised to learn that her first instinct about Martinko’s killer back in ’79 — that he was a stranger from out of town, despite the ‘personal nature’ of the attack — is likely correct after all. She has ‘full confidence’ in the detectives’ judgment.”

Burns had a very specific scenario in mind, and sadly, Michelle was his fantasy come to life, IMO. I can’t help but wonder if he is being investigated as a suspect in other cold cases.

 

[Niner]

You mean @imstilla.grandma !

I hope you are having s good time in California. It’s actually my personal favorite place to vacation. Whether by the ocean or the mountains, nature always seems so close by. Cities are very interesting and so fun to visit. And when it comes to food, you can have the very best of every cuisine, thanks to the area’s diverse demographics, and the fresh produce and other ingredients that are available locally. Only if it weren’t so expensive ... !

Yes, I had a very nice time in California. They weather was great when I got there - cooled from 90 the previous days!!

And staying on topic - here's what is the latest on the court site has:

Event Filed By Filed Create Date Last Updated Action Date
Waiver of Speedy Trial SPIES LEON FRED 09/29/2019 09/30/2019 09/30/2019

Other Event MAYBANKS NICHOLAS GEORGE 09/25/2019 09/26/2019 09/26/2019
Comments: PROSECUTION COSTS

Motion for Continuance SPIES LEON FRED 09/13/2019 09/13/2019 09/13/2019
Comments: UNRESISTED MOTION TO CONTINUE TRIAL

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

 

[Niner]

Update on court site:

Event Filed By Filed Create Date Last Updated Action Date
Order setting hearing HOOVER GRINDE FAE 10/08/2019 10/08/2019 10/08/2019
Comments: TRIAL SETTING CONFERENCE 10/14/19 @ 9:00

Waiver of Speedy Trial SPIES LEON FRED 09/29/2019 09/30/2019 09/30/2019

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

 

[Niner]

Monday, October 14th:
*Trial set to begin-Continued! / Trial Setting Conference Hearing (@ 9am CT) – IA – Michelle Marie Martinko (18) (Dec. 19, 1979, Cedar Rapids) - *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 6/3/19 reference post #66 here:
IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979 *Arrest*
Trial was set to start on 10/14/19-continued.
9/16/19 Update: The defense team filed an unresisted motion for continuance Friday asking a Linn County judge to push back court proceedings. Burns' defense team said in the motion that it had received fresh notice of evidence & witnesses as recently as Aug. 5, prompting the need for more time. Nicholas Maybanks, the Linn County prosecutor handling the case, does not the resistance the continuance, the motion states. On 9/29/19 waived speedy trial. Trial Setting Conference hearing on 10/14 instead.

 

[YESorNO]

Trial reset to February for Jerry Burns, charged with killing Michelle Martinko in 1979

October 14, 2019

"CEDAR RAPIDS — The trial for a Manchester man charged with fatally stabbing 18-year-old Michelle Martinko in 1979 was reset Monday to Feb. 10 in Linn County District Court.

That date is tentative because Jerry Burns, 64, charged with first-degree murder, will ask the court to move his trial out of Linn County, Burns’ attorney Leon Spies said Monday during a phone conference hearing. Spies said he will file that request soon.

Sixth Judicial District Judge Fae Hoover-Grinde said she would set a hearing to have Burns waive his right to speedy trial. Spies filed the waiver but the judge will have Burns, in person, waive his right Oct. 21 in a short hearing.

Burns waived his right to be present at this hearing and Hoover-Grinde waived his presence.

Spies said he hadn’t taken any depositions at this time. He is waiting for all the lab reports in the case.

Hoover-Grinde also set another pretrial hearing for January 27. ...

Burns has pleaded not guilty and remains in jail on a $5 million cash-only bail."

Trial reset to February for Jerry Burns, charged with killing Michelle Martinko in 1979

 

[Niner]

Monday, October 21st:
*Trial set to begin-CANCELLED! / Trial Setting Conference Hearing (@ 9am CT) – IA – Michelle Marie Martinko (18) (Dec. 19, 1979, Cedar Rapids) - *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 6/3/19 reference post #66 here:
IA - Michelle Martinko, 18, stabbed to death, Cedar Rapids, 19 Dec 1979 *Arrest*
Trial was set to start on 10/14/19-continued tentatively to 2/10/20.
9/16/19 Update: The defense team filed an unresisted motion for continuance Friday asking a Linn County judge to push back court proceedings. Burns' defense team said in the motion that it had received fresh notice of evidence & witnesses as recently as Aug. 5, prompting the need for more time. Nicholas Maybanks, the Linn County prosecutor handling the case, does not the resistance the continuance, the motion states. On 9/29/19 waived speedy trial. Trial Setting Conference hearing on 10/14 instead.
10/14/19 Update: Sixth Judicial District Judge Fae Hoover-Grinde said she would set a hearing to have Burns waive his right to speedy trial. Spies filed the waiver but the judge will have Burns, in person, waive his right Oct. 21 in a short hearing. Burns waived his right to be present at this hearing and Hoover-Grinde waived his presence. Defense will be filing a motion for change of venue also. Hoover-Grinde also set another pretrial hearing for January 27. Trial is tentatively scheduled for 2/10/20.

 

[YESorNO]

Manchester man charged with killing Michelle Martinko appears in court
Jerry Burns, 64, waives right to speedy trial in the cold-case murder

October 21, 2019

"CEDAR RAPIDS — The Manchester man accused of fatally stabbing 18-year-old Michelle Martinko in 1979 waived his right to speedy trial Monday and will ask the court to move his trial out of Linn County.

Sixth Judicial District Judge Fae Hoover ordered that Jerry Burns, 64, charged with first-degree murder, waive his rights in person. His lawyer previously had filed a written waiver.

Burns appeared in a green jail jumpsuit and came into the courtroom in a wheelchair. He spoke only to affirm he was waiving his right to a speedy trial.

Burns’ attorney, Leon Spies, said the waiver was necessary because the defense still was reviewing evidence in the case and needed time to prepare for trial. The trial was reset to Feb. 10.

A request for a change of venue wasn’t filed as of Monday morning, but Spies said last week he planned to ask the court to move the cold-case murder trial...."

Manchester man charged with killing Michelle Martinko appears in court