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You are here: Home / Cold Case News / Michelle Martinko Murder Trial

Michelle Martinko Murder Trial

February 10, 2020 By Alice

Michelle Martinko, courtesy Robert J. Riley
Michelle Martinko, courtesy Robert J. Riley

The Michelle Martinko murder trial started today with jury selections. Two important rulings to note:

1: Sixth Judicial District Judge Fae Hoover ruled that the prosecution may use the DNA evidence obtained from a discarded straw. Police got that straw after Burns left it behind in a Manchester (Iowa) restaurant. Remember that Burns’ DNA was found at the crime scene. It was on Michelle’s dress and gear stick. The process how police got to Burns e.g. the familial genetic material search, will be allowed at trial.

2: Burns’s pornographic internet search history will not be allowed at trial. These searches that police found were from 2018. Martinko was murdered in 1979. Unless he searched specifically for her, the time gap diminishes the relevancy to this case.

The judge ruled that introducing this search history could be “unduly prejudicial” to Burns and it could possibly violate his right to a fair trial. “Hoover said there also would be a risk that Burns could be convicted based upon his taste in pornography rather than on “proof beyond a reasonable doubt” in the cold-case killing.” I agree.

Last, keep in mind that the prosecution must tie Burns not just to the crime scene. They need to establish that somehow Martinko and Burns knew each other. Also, they must present the court with a motive or his intent to single her out. If they lack that connection and the motive/intent, their case will not be a very strong one.

I will check up on the trial as it goes by and either report here or just update the database.

Case summary:

Michelle Marie Martinko was found dead on Dec 20, 1979. She was repeatedly stabbed in her face and chest. Police found her body in the family Buick in the parking lot of the Westdale Mall, Iowa. Police said there was no sign of a sexual assault, but she had wounds that indicated she fought with her attacker.

In Oct 2006, police announced they had developed the suspect’s DNA. However, no match was found in the national Combined DNA Index System (CODIS).

In May 2017, Cedar Rapids Police Department released a suspect composite sketch based on that DNA.

On Dec 19, 2018, police announced an arrest. Jerry Lynn Burns (64) was arrested 12/19/2018 and faces first-degree murder charges. A covert DNA sample was matched to blood found at the crime scene. Police questioned Burns at work in Manchester (Iowa) where he denied killing Martinko. He could not offer an alternative explanation for why his DNA was found at the crime scene. Burns again denied killing Martinko when he appeared by video for his arraignment. He requested court-appointed counsel. The judge ordered a $5 million cash-only bond.

The preliminary hearing was on Dec 28, 2018. Trial was initially set for Oct 14, 2019 in Linn County District Court. The trial was moved out of Linn County after the prosecution decided not to resist a motion for a change of venue. Burns will now face trial by jury in the Scott County Courthouse in Davenport.

The jury selection started on Feb 10, 2020.

If you have any information about this case, please contact Investigator Matt Denlinger at 319-286 5442 or email him at [email protected]

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Filed Under: Cold Case News Tagged With: DNA, Iowa, Michelle Martinko

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Author Notes

On this website, I write about old, unsolved cases. Most are from the pre-DNA era and are in need of renewed media attention. I only do research and leave the active investigation of these cases to the professionals.

My posts are about homicides, missing and unidentified people, wrongful convictions, and forensics as related to these cases.

On book reviews: I only review select works of true crime, crime fiction, and historical fiction/mysteries. The stories have to fit my website's theme and research. It remains my prerogative to not review a book.

My database has over 300 cases listed by the victim’s last name. You will find a brief description there as well. The database will always be free to the public to use. You cannot buy ad space on my website, ever.

All writing suggestions that come in by email are added to my to-do list in the order in which they were received. Please be patient. My to-do list is very long but no case gets dropped and I will get back in touch.

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Thank you,

Alice de Sturler

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Copyright: Please add a link back if you use my work. Let your readers know where you found your information. I do the same for you. If you need help with this, just contact me. Thank you, Alice de Sturler

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