On March 31, 2023 The Iowa Supreme Court upheld the conviction of Jerry Lynn Burns in the 1979 murder of Michelle Martinko. The PDF of the opinion is here. “In a 5-2 decision, the majority found police followed the law in obtaining Burns’ DNA from an abandoned drinking straw, and did not violate his rights […]
Iowa
The Ethics of Forensic Genealogy part 4
In part 4 of my series on Forensic Genealogy, we look at what is happening in Iowa. The Iowa Supreme Court, in a 4-3 split, decided on June 18, 2021, to ban police from searching the people’s uncollected trash without a warrant. In doing so they outlawed a decades old investigative technique. The Justices said […]
Life sentence in Michelle Martinko murder
Today, we close the case of Michelle Martinko. Jerry Lynn Burns received the mandatory sentence of life in prison without the possibility of parole. He was ordered to pay victim restitution of $150’000 to the estate of Michelle Marie Martinko or her heirs. The defense is seeking a restitution hearing on a later date. Burns […]
Is the use of genetic testing constitutional?
Genetic testing is what finally brought the case of Michelle Marie Martinko in court. Jerry Lynn Burns (66) was found guilty of Michelle’s 1979 murder based on genetic testing of DNA. He is awaiting his sentencing hearing. It will be the mandatory life sentence. In the meantime, his attorney, Leon Spies, is working on the […]
Guilty verdict in Martinko Trial
Today were the closing arguments for the prosecution and the defense in the 1979 murder case of Michelle Marie Martinko. The order was as follows: First Assistant Linn County Attorney Nick Maybanks gave his closing arguments. The defense attorney Leon Spies, gave his for his client Jerry Burns. After that, the state got the change […]
Michelle Martinko Trial Feb 20, 2020
The defense rests in the Michelle Martinko murder trial. I was stunned but here it is: “After just one witness, attorneys defending a man accused of killing a Cedar Rapids teen more than 40 years ago have finished presenting evidence. Burns said he will not testify during the trial.” The defense started and finished within […]
Michelle Martinko Trial: update through Feb 19, 2020
Michelle Martinko trial updates Feb 18 – 19, 2020: Feb 18: Two points to take away: 1: DNA We learn that a senior DNA lab analyst at Bode Technology examined the following pieces of evidence: blood taken from the gear shift from the Martinko Family car and the mouth swab taken from Jerry Burns. Her […]
Michelle Martinko Trial: Update through Feb 17, 2020
Four points of interest in the Michelle Martinko trial: 1: Male DNA profile found at the crime scene led police to believe the suspect cut himself during the attack. Authorities composed lists of suspects to contact for cheek (buccal) swaps. These men included ex-boyfriends. From the entire list (not sure of the total number of […]
Martinko murder trial update Feb 13, 2020
A brief overview in the Michelle Martinko murder trial update Feb 13, 2020 with information taken from various newspapers. Jury selection: nine women and six men were selected from a pool of over 100 potential jurors. Three will serve as alternates. The State: represented by the following prosecutors: First Assistant Linn County Attorney Nick Maybanks […]
Michelle Martinko Murder Trial
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 […]