No match was made through that system. Hiscousin, Brian Burns,vanished Dec. 19, 2013 exactly 34 years after Martinko was killed. "When they commit to helping a family, as in this case, looking into the eyes of parents who lost an 18-year-old girl and said, 'Were going to find the answer to what happened to her,' that the public can trust that theyre going to do that, even if it takes generations to do it. Burns' wife, Patricia, died by suicide in 2008. Several residents lauded his professionalism and business savvy when speaking with the Register last year. The trial for the grisly killing of an Iowa teen in the 1970s will likely be delayed, court records show. (Rebecca F. Miller/The Gazette), Jerry Lynn Burns makes a statement before his sentencing by Sixth Judicial District Judge Fae Hoover at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. Michael Usry Jr. was cleared. Burns said 'somebody else stabbed Martinko that night. The main argument from Burns' defense team was that the evidence used in the case from back in 1979 was mishandled at the time, but on Feb. 24, 2020, Burns was found guilty of first-degree murder and sentenced to life in prison. The Kennedy High School senior had drivento the mall after a school choir banquet to shop for a new winter coat. He previously co-owned a truck stop near town. (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. Investigators then narrowed down family trees of great grandparents to a first cousin and then Burns and his two brothers. Investigators placed the three brothers under surveillance in an attempt to covertly collect their DNA, according to The Gazette. While waiting to receive the mandatory life sentence that comes with a conviction on that charge, Burns' attorney has asked the court to give the Manchester man a new trial. But more than 60 suspects were eliminated and the case ran cold. After genealogy websites proved helpful in the investigation of the Golden State Killer, Iowainvestigators asked Parabon-NanoLabs, which had access to hundreds of thousands of genetic samples people uploaded,to see if there was a match in its database. Five years ago, Michael Usry Jr., largely because his father had done DNA testing, ended up in a police station in downtown New Orleans. Spies asserted that the way authorities went about obtaining DNA from Burns and his family members to prove his DNA was found at the crime scene was a violation of the Fourth and Fourteenth Amendments. 'Shock, anguish and horror permeated the family them they first learned that 18-year-old Michelle Martinko was killed Dec. 19, 1979, John Stonebraker, her brother-in-law, said Friday in a videotaped victim impact statement. Burns' DNA profile was developed from blood on Martinko's black dress. He was arrested DAVENPORT, Iowa (KWWL) - State prosecutors called a former cellmate of Jerry Burns in his murder trial, which continued Tuesday in Scott County. People may receive compensation for some links to products and services on this website. 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 several trials and errors, the suspects were narrowed down to three brothers who had grown up in Manchester, Iowa. Cutting-edge DNA technology was used to solve the cold case. Spies, in his motion, said evidence of a regularly scheduled music lesson gives credence to the possibility that her attacker was familiar with her routine. William Brangham shares a "cautionary tale" of how one person's DNA testing can have a wide impact. Curious to see if the suspect in the 1979 Michelle Martinko murder looks anything like this DNA composite. In his statement, Stonebraker said he will never forget Janet Martinko calling them early Dec. 20, 1979, after she had identified the 'bloody, torn, broken body of her beautiful daughter. She can be contacted at aspoerre@dmreg.com, 515-284-8387or on Twitter at@annaspoerre. Id sit through classes where people were crying and I didnt know why, until someone finally told me. New York University's Erin Murphy, who studies genetics and the law, sees Usry's ordeal as a cautionary tale. Cedar Rapids Police Department They're upset about somehow that they are going to be roped into an investigation, they would feel unfairly, or that their privacy would somehow be violated, right? That decision essentially erases the genetic privacy of everyone else. Jerry Lynn Burns (born December 23, 1953 ) was 25 years old when he killed Michelle Martinko in December 1979. He grew up in Manchester, Iowa, and graduated from West Delaware High School in 1972. He lived in Manchester at the time of his arrest in 2020 and owned a powder coating business in the city. (Rebecca F. Miller/The Gazette), Jerry Lynn Burns and defense attorney Leon Spies (right) listen to Sixth Judicial District Judge Fae Hoover at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. Ahead of the Dateline NBC episode about her death, heres what you need to know about the crime, the perpetrator, and what sentence he received at trial. Burns, 65, has been charged with first-degree murder for the 1979 killing of Michelle You can do a lot of credit card cancellations if things get into the wrong hands. Tyler Davis can be contacted at tjdavis@dmreg.com or on Twitter @TDavisDMR. 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. Usry was targeted because investigators, using an early form of genetic genealogy, linked his father's DNA to DNA from the murder scene. 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 then turned toward his family, sitting in the courtroom, and thanked them for their support. of Northern Iowas iconic Campanile, Ladd Library in Cedar Rapids to host job fair. Usry's dad seemed too old to be the killer, but Michael was not. In 2006, a new cold case investigator working for the Cedar Rapids Police Department was tipped with an update. It took around a month for police to process Usry's DNA to see if it matched the DNA from the crime scene. 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. "I wish my parents could be here to see this. 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. Subscribe to Heres the Deal, our politics The police then began procuring evidence secretly. Erin Murphy, New York University School of Law: You can change your phone number if someone starts harassing you. (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. The wait ended Monday, when a jury convicted Jerry Lynn Burns of first-degree murder in the 1979 stabbing death of 18-year-old Martinko. Burns further argues the trial courts refusal to instruct the jury on the law related to a witnesss motive to testify against Burns constitutes a prejudicial abuse of discretion. Now in his late 60s, Burns is currently behind bars and will stay there till he dies. Over 40 years ago, teenager Michelle Martinko was stabbed to death outside a mall in Cedar Rapids, Iowa. She uploaded them to a free public DNA database to find out more about her dad's side of the family. It lies in a 'deeply selfish, lifelong personal need. "This was a brutal, violent, horrendous crime," Linn County Assistant Attorney Mike Harris said at the time. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. Using newer technology, Cedar Rapids police last yearcreated profiles fromDNA procured from case evidence in 2006. Jerry Lynn Burns (64) was arrested 12/19/2018 and faces first-degree murder charges. And then police learned Usry had traveled through Idaho. A man named Brian Dripps, who was her neighbor, was charged with rape and murder and will go on trial in 2021. Martinko's father Albert and mother Janet died in 1995 and 1998 respectively. Martinko always came to her lessons alone but may have had someone waiting for her outside the mall. Laymon said she and Martinko were in a self-defense class together, but added that "no amount of self-defense could have saved her from that.". His mark on the world, and the sum of his life, will be a short notice, saying: Convicted Martinko murderer dies in prison,' Stonebraker bluntly said. Todays announcement makes it clear that this Police Department and our investigators never gave up on this case either. By the time of Burns' arrest, both of Martinko's parents had been gone for decades: Martinko'sfather died in 1995 and her mother in 1998. And, recently, a Florida judge granted a warrant on one case to let police in even more. His trial is set for June 2021. Police arrested Jerry Lynn Burns, 64, in the decades-old fatal stabbing. The investigator reported Birky said the lessons were once a week; although she wasn't sure which day of the week they were, she recalled the last lesson was the night Martinko was killed outside the mall. Now,herface and chest had been stabbed at least eight times. When questioned by police, officers said that Burns had no explanation as to why his DNA would have been at the scene. Turns out the murderer was a distant, distant relative of Jennings. Burns is facing charges of first-degree murder and will make his first appearance in Linn County Court on December 20, police said. Nick Maybanks, first assistant attorney in the Linn County Attorney's Office, said prosecutors will be filing a motion for resistance, but declined to comment further. BREAKING: Arrest made in the homicide of Michelle Martinko in 1979. pic.twitter.com/3mhKyLbNo9, Online records show that Burns has no criminal record in Iowa other than minor traffic infractions, reports CBS Iowa. Genetic genealogy, the technique millions of people are using to learn about their family history, has now become a potent tool with which law enforcement can solve crimes. It was almost like a dream. The victim, Martinko, was an 18-year-old high school student from Cedar Rapids, Iowa, who was visiting a mall to buy a winter coat. An investigation provided the answer after all those years of who and why someone killed Martinko. 18-year-old Michelle Martinko was killed Dec. 19, 1979, Subscribe to the Public Safety newsletter. Decades after the death, he had a voice in the first-degree murder sentencing of Jerry Burns, 66, of Manchester. 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. 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. Burns denied killing Martinko at the time of his initial questioning. From the leadership on down, they never gave up.". Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. Genetic genealogy can help solve cold cases. She had gone to the mall that night to get a coat her mother had put on layaway. He was arrested Dec. 19, 2018 - on the anniversary of her death. Burns was arrested and questioned when his DNA matched that of some found on Martinko's clothes at the time of her murder. Police retrieved the straw. Jerry Lynn Burns is accused of the 1979 cold case murder of Michelle Martinko in Cedar Rapids, Iowa. Genetic testing was key to the state's case against Burns. "For Michelles family and friends, we know that the pain of losing a daughter, sister or friend will never go away," Jermansaid. Jerry Lynn Burns was finally arrested in October 2018 for the murder of Michelle Martinko, that took place 39 years prior. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. Her father died in 1995 and her mother died in 1998. newsletter for analysis you wont find anywhereelse. The state's search and seizure of Burns' and Burns' family members' DNA is a violation of the Fourth and 14th Amendments, according to the motion, and the court erred by not suppressing that evidence. You can't edit your genome. Familial matches let them narrow down the suspect list to three brothers from Manchester, Iowa. But, months later, Jennings was shocked to learn that police had used her DNA information from that public Web site, and used a technique called genetic genealogy to identify the killer in a 40-year-old cold case in Iowa. "We left Cedar Rapids, but Cedar Rapids never left us," he said, choking up outside the courthouse while his wife nodded in agreement. use of such information is a violation of people's privacy, Taking genetic genealogy sites to trial: Iowa homicide case among first of its kind to argue DNA requires search warrant, DNA leads federal investigators to suspected serial killer in Iowa; Clark Perry Baldwin charged with killing 3 women in 1990s, Your California Privacy Rights / Privacy Policy. Maybanks also choose not to resist the defense's request that the trial be moved out of the eastern Iowa county where the alleged crime took place. Please logout and login again. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. The cold-case murder has drawn intense public interest, and Friday's hearing was livestreamed because of limited seating. pic.twitter.com/0rGdwIk89N. ", Martinko's family in a statement last December credited "the work of several generations of Cedar Rapids uniformed police and detectives in bringing Mr. Burns to justice. 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. It was a case,Cedar Rapids Police Chief Wayne Jerman said, "that has haunted our community for decades. (Rebecca F. Miller/The Gazette), Jerry Lynn Burns listens as First Assistant Linn County Attorney Nicholas Maybanks (not pictured) speaks at Burns' sentencing hearing at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. Her obit says that she enjoyed farming and gardening with her husband. 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. As we reported last night, genetic genealogy, the technique millions of people use to learn about their family history, has now become a potent tool for police to crack previously unsolved crimes. WebLike all the cases I cover, Michelles was solved using forensic genealogy, which led police to Jerry Lynn Burns. Burns owns a powder-coating company, Advanced Coating Concepts, in Manchester. Jerry Lynn Burns was convicted of first-degree murder for the 1979 murder 18-year-old Michelle Martinko thanks to DNA he left on a straw after drinking a soda. 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 he also said his private investigator had uncovered new evidence that wasn't discovered until June. Delaware CountySheriff John Leclere saidauthorities "don't have any reason to suspect (Burns) in either case.". To learn the entire story of Michelle Martinko's murder, watch Dateline: Unforgettable at 10 pm on Oxygen 79. The Cedar Rapids Police Department said in a KWQC The court also should have dismissed statements the defendant made while speaking with investigators after his arrest in December 2019. Police suspected he'd been involved in the brutal 1996 rape and murder of an Idaho woman named Angie Dodge. She thinks this new crime-fighting tool is a great thing. 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. At the time of his arrest, Burns had beenliving in Manchester, a town of about 5,000 people 45 minutes north of Cedar Rapids, for longer than Martinko's case had been cold. Anna Spoerre covers crime and courts for the Des Moines Register. Music is courtesy of FesliyanStudios. Powered by. With Burns having been found guilty and in prison, however, Martinko's family finally has some sense of closure. Burns argues the trial court erred in denying his motion to suppress where the warrantless (Rebecca F. Miller/The Gazette), Jerry Lynn Burns listens as Sixth Judicial District Judge Fae Hoover (not pictured) speaks at his sentencing hearing at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. In June the following year police released a sketch of a white man, in his late teens or early twenties, and around 6ft tall, on interviews with two witnesses. Jerry Burns has been sentenced to life in prison for the murder of Michelle Martinko, whose killing remained unsolved for decades until the advent of investigative She wasn't crying so much as gasping, choking. All Rights Reserved. Maybanks said it's likely nobody will ever know why Burns committed the crime. 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. 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. John Stonebraker said the three hours it took the jury to reach a verdict was indicative of the strength of the case. https://www.pbs.org/newshour/show/a-father-took-an-at-home-dna-test-his-son-was-falsely-accused-of-murder. Police looked at numerous suspects during the initial investigation, including a man who raped a woman at knifepoint and later died while in prison for that crime, but DNA testing ruled him out. The tribute says that Patricia Burns had three children, one son and two daughters. The charge against Jerry comes as a complete shock to us and we are doing our best to carry on with our lives, the family said in the statement on Saturday. In this video, I interviewed Robert Riley, one of the administrators for the Michelle Martinko Cold Case 1979 Facebook page. I mean, I think that every person that has ever died or been killed or raped or whatever deserves to have justice done. He also said it was difficult to believe that law enforcement never came across such information in the nearly 40 years of investigation. The only way Burns DNA couldve ended up in two spots in the crime scene, Maybanks concluded, was if Burns was the murderer. 'Mr. I don't know why this upsets people. (Rebecca F. Miller/The Gazette), Jerry Burns reacts as he is sentenced at a hearing at the Linn County Courthouse in Cedar Rapids on Friday, Aug. 7, 2020. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. On June 19, 1980, police released a composite sketch, developed based on descriptions provided by two witnesses, of the man they believed stabbed Martinko. Four decades ago, 18-year-oldMichelle Marie Martinko was found stabbed to death in the family's car in the parking lot of a Cedar Rapids mall. Burns pleaded not guiltyin January. Your login session has expired. She was stabbed multiple times in the face, neck, and chest. Additionalconcerns were raised in the motion about the jury-building process, instructions given to the jury andtestimony fromstate witnesses. 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. Jerry Lynn Burns appeared in Linn County this morning on a video monitor from jail where he had his bail set at $5 million. After her dad died, Brandy Jennings, like millions of Americans, used one of those DNA testing kits to learn more about him and other relatives. CEDAR RAPIDS, IA (CBS2/FOX28) It's the cold case murder that's haunted Cedar Rapids for 35 years. After turning to GEDmatch, a commercial genetic genealogy site, investigators narrowed their suspects to three brothers, all in Iowa. At the time of arrest, Burns had his own power-coating company called Advanced Coating Concepts. Offers may be subject to change without notice. This week in 1979 someone killed Michelle Martinko at Westdale Mall. When 18-year-old Cedar Rapids, Iowa resident Michelle Martinko went missing on Dec. 19, 1979, it became a case that soon ran cold. Martinko's body was found in her parents' Buick, which was parked near J.C. Penney at Westdale Mall in Cedar Rapids. I uploaded it. Burns' attorneys claimed the case has been surroundedby "pervasive and prejudicial pretrial publicity" and has been in the public eye for the past four decades,court filings show. Later that day, her body was discovered in her family's car. 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. If found guilty of his first-degree murder charges, Then for a verdict. When Burns finished eating, he got up and walked out of the restaurant. All rights reserved. WebJerry Lynn Burns Jerry Burns appeals his conviction for murder in the first degree. Burns will have the rest of his life to ask for forgiveness and beg for mercy on his soul, but if he doesn't, at least he won't get to block it out anymore. (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. "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. 'A complete shock': Family of suspect in Martinko murder releases statement, Game of Thrones author George R.R. In one of those profiles, authorities said there were fewer than one in 100 billion unrelated individuals who would have had the same profile. The judge ordered a $5 million cash-only bond. Because this moment has finally come. He faces a first-degree murder charge after investigators say they found his blood at the crime scene. This is part of our regular series on the Leading Edge of science and technology. 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. Maybanks recapped Monday how witnesses in the two weeks prior outlined an extensive chain of custody of the evidence to ensure no new DNA could have been introduced into the packages containing Martinko's bloodied clothes and pieces of the car. Although Michelle was killed, her fighting spirit was a key to solving her case 40 years after the crime. Be the first one to comment on this story. I can't imagine anyone saying, I don't want to help these families. We would also like to extend our sympathy to the Martinko family.. I miss all her singing and her beautiful music. Burns is being held at Linn County Jail. William Brangham Get exclusive subscriber content and more at DesMoinesRegister.com/Deal. While that tip did not yield any new leads, it did cause Det. 2023 www.desmoinesregister.com. Jerry Lynn Burns, who was charged in the case of Michelle Martinko, as explained on 'Killer Cases,' was found guilty of murder, so where is he now? "I am thrilled for her sister, Janelle, and wish her parents were alive to see this," Laymon said. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison. But by 2 a.m., her father called the police because she had not returned home. Learn more about Friends of the NewsHour. 28, 2023 6:50 pm2d ago, Orlan Love - correspondent Sports 3h ago3h ago, Jeff Johnson Minor League Sports 20m ago20m ago. pic.twitter.com/COPUDpaDMP, Cedar Rapids Police (@CR_Police) December 20, 2018. He rebutted some of the prosecution's factual claims, insisting that there wasn't substantial evidence that Burns' DNA was retrieved from his blood, noting previous testimony indicating it could have been saliva or even transferred skin cells and that the presence of DNA in itself could not implicate Burns. Authorities believe Burns stabbed the Kennedy High School senior in the chest and face inside a car parked at Westdale Mall in Cedar Rapids. Her case went cold for decades until DNA testing finally brought her family some peace and put her murderer behind bars. All rights reserved. And, more importantly, the decisions that you make about your genomic privacy can be overridden by anybody, not only in your immediate family tree. Copyright 2023 Distractify. Jerman, Cedar Rapids' police chief, credited police and investigators who "showed tenacity and dedication" over the four decades it took to take the case to trial, and the Linn County Attorney's Office for its role in Burns' arrest and prosecution. Burns sentencing is likely to be scheduled for early April, though a date has notbeen set, District Judge Fae Hoover said. The wait ended Monday, when a jury convicted Jerry Lynn Burns of first-degree murder in the 1979 stabbing death of 18-year-old Martinko. For the "PBS NewsHour," I'm William Brangham. 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. 1, 2021 3:52 pm668d ago, Trish Mehaffey Crime and Courts Apr. 2023 Iowa Judicial Branch. 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. His family and friends remained seated after Martinkos family left the courtroom. Decades of technological advancements ultimately allowed experts to construct a partial male DNA profile from a blood scraping on the gear shift of the Martinko family car and a blood stain on the back of Martinkos dress. But they're not upset about people getting caught. District Judge Fae Hoover on Dec. 9 agreed to move the trial to the Scott County Courthouse in Davenport. (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. In 2018, Jerry Lynn Burns was finally arrested and charged with the teen's murder and, although it had been decades after the crime, the once cold case is now a subject of discussion on A&E's Killer Cases. Jerry Lynn Burns was arrested 39 years after killing Michelle Martinko (Image via Youtube) Jerry Lynn Burns was finally arrested in October 2018 for the The profile found a hit with DNA from Brandy Jennings, a distant cousin, in the GEDmatch database, which is public. The medical examiner later determined that she died between 8 p.m. and 10 p.m. She had not been robbed or sexually assaulted, and defensive wounds were found on her hands, indicating she fought back. Burns, who was convicted in February of killing Michelle Martinko in 1979, was sentenced to life in prison.
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