GIST: "An Alton man convicted of raping two toddlers and sentenced
to life in prison will get a new trial after the appellate court
overturned his conviction in Madison County. In December
2012, a jury found Michael Burgund, 33, guilty of five counts of
predatory sexual assault. He was accused of sexual penetration and
molestation of two toddler girls between the ages of 1 and 3 years old.
In early 2013, he was sentenced to natural life in prison But now the 5th District Appellate Court in Mount Vernon has overturned that conviction, and bound Burgund over for a new trial. According
to testimony offered at trial, Burgund walked into the Alton Police
Department in April 2011 and confessed to molesting the girls. There was
no law enforcement involvement up to that time. Alton
Police Officer Michael Beaber testified that Burgund was “nervous but
cooperative,” and remarked that it was unusual for someone to walk in
and confess to such a serious crime. The trial took
place in 2012 under then-Circuit Judge Ann Callis, and the older girl —
then 5 years old — testified against him. However, the appellate
decision said the child’s testimony was “vague and inconclusive.”
The
state argued that Burgund had not been diagnosed with a specific
psychological condition or personality disorder. Callis agreed, and
excluded the psychological testimony. But the appellate
decision said Callis should have permitted the psychologist to testify
about Burgund’s suggestibility, so that the jury could consider whether
the confession was real or false. Callis declined to comment.........As
a result of the appeals court ruling, the conviction is reversed and
Burgund will be remanded over for a new trial. Madison County Assistant
State’s Attorney Jennifer Mudge said they fully intend to proceed with
the charges as soon as the case is officially remanded back to them."
The entire story can be found at;
http://www.bnd.com/news/local/crime/article116520983.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
The entire story can be found at;
http://www.bnd.com/news/local/crime/article116520983.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
