PASSAGE OF THE DAY: "The trial took place in 2013 before then-Circuit Judge Ann Callis, and the older child testified against Burgund. Callis excluded testimony from witnesses who the defense said would have corroborated that Burgund was highly suggestible and easily led. Burgund was convicted of five counts of predatory sexual assault and sentenced to life in prison. But the 5th District Appellate Court in Mount Vernon overturned the conviction and granted him a new trial. In its decision, the appellate court said the girl’s testimony was vague, that medical evidence was inconclusive, and that Callis should have permitted the psychological testimony. The second trial began last week, with two days necessary just to pick the jury. Once again, Burgund faces five counts of predatory sexual assault of a child. Burgund testified in his own defense Tuesday. “I started doubting my own reality,” he said, according to the Alton Telegraph. “I had come to believe that I had done those things. I thought it was truer than what I thought was true." Burgund testified that he was repeatedly told he had molested the children, although he had no recollection of doing so. He said the girls’ mother “ruled over him” and would not allow him to look at other women or billboards with women on them. He alleged she threatened him with a knife, cut his arm and blackened his eyes 20 times, according to the Telegraph."
STORY: "Retrial nears end for Alton man who confessed to molesting 2 toddlers, later recanted," by reporter Elizabeth Donald, published by The Belleville News-Democrat on May 16, 2018.
SUB-HEADING: "
GIST: "The retrial of a man
who walked into a police department and confessed to molesting toddlers
will go to the jury Thursday for the second time. Michael Burgund first
confessed to child molestation, then recanted. He was convicted
nonetheless and sentenced to life in prison, but an appellate court
overturned his conviction and ordered a new trial, which has been
underway since last week in Madison County Circuit Court. In April
2011, Burgund walked into the Alton Police Department and confessed to
molesting two toddlers between the ages of 1 and 3. Up until that point,
there had been no investigation or allegations against Burgund, and
police later testified that it was odd for someone to walk in and
confess to such a serious crime. Charges were filed
quickly, but Burgund later recanted, alleging that he never abused the
girls. He said he was coerced into his confession by their mother, who
he said had brainwashed him and tricked him into believing he had abused
the children. The trial took place
in 2013 before then-Circuit Judge Ann Callis, and the older child
testified against Burgund. Callis excluded testimony from witnesses who
the defense said would have corroborated that Burgund was highly
suggestible and easily led. Burgund was convicted of five counts of predatory sexual assault and sentenced to life in prison. But the 5th District Appellate Court in Mount Vernon overturned the conviction
and granted him a new trial. In its decision, the appellate court said
the girl’s testimony was vague, that medical evidence was inconclusive,
and that Callis should have permitted the psychological testimony. The second trial began
last week, with two days necessary just to pick the jury. Once again,
Burgund faces five counts of predatory sexual assault of a child. Burgund testified in his own defense Tuesday. “I started doubting my own reality,” he said, according to the Alton Telegraph. “I had come to believe that I had done those things. I thought it was truer than what I thought was true." Burgund testified that
he was repeatedly told he had molested the children, although he had no
recollection of doing so. He said the girls’ mother “ruled over him”
and would not allow him to look at other women or billboards with women
on them. He alleged she threatened him with a knife, cut his arm and
blackened his eyes 20 times, according to the Telegraph. The last witness
testified Wednesday morning. Experts for the defense argued that the
child’s testimony was unreliable and that Burgund was passive and easily
controlled. The jury was then
dismissed for the rest of the day while the attorneys filed final
motions before Circuit Judge Kyle Napp. The attorneys discussed which
aspects of the previous trial could be considered, the wording of jury
instructions and what exhibits would be provided to the jury during
closing arguments, which were expected to take place Thursday morning. Burgund has been free since August 2017
on $100,000 cash bond posted by his mother against a $1 million bail.
He has been under instructions not to have any contact with the girls or
their mother, and he may not be alone with any minor children."
The entire story can be found at:
http://www.bnd.com/news/local/crime/article211276284.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/c harlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot. com/2011/05/charles-smith-blog -award-nominations.html Please
send any comments or information on other cases and issues of interest
to the readers of this blog to hevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.
http://www.bnd.com/news/local/crime/article211276284.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/c