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Mexican jails tapped againan Englewood slaying, will be the county's seco Print E-mail

Sarasota Herald Tribune 

December 10, 1999
Section: A SECTION
Page: 1A
Rodney Crouther STAFF WRITER

Sarasota County prosecutors are preparing to extradite a suspect in a local slaying from Mexico for the second time in a year - an unusual occurrence for Southwest Florida.

Miguel Angel Jimenez-Rocha, 19, will probably be charged with murder in the death of Johnny Surette, 30, of Englewood. Jimenez-Rocha, a Mexican citizen, is serving time for burglary in Monterrey. During an interview from jail this month, investigators said Jimenez-Rocha admitted to them that he shot Surette after an early morning argument in February 1998.

Jose Luis Del Toro, who is charged with murder in the 1997 death of Sheila Bellush in Sarasota, was extradited from Mexico in July after a 20-month legal battle.

"For Texas and California it's probably pretty common, but it's definitely unusual for us," Assistant State Attorney Henry Lee said.

A stroke of luck gave Sarasota County sheriff's investigators the break they needed to identify a suspect after the weapon in the slaying was used in a second crime in Englewood.

Sarasota sheriff's Sgt. Jim Lilly said that ballistics tests and witness interviews were able to link Jimenez-Rocha to the gun that had been used to kill Surette.

In a Dec. 1 interview, Lilly said Jimenez-Rocha confessed to the slaying. He was only 17 at the time of the crime.

"He didn't want to talk to us at first," Lilly said. "I don't think he had any idea we had the gun. He had no idea we had statements from people here who knew him, who used to party with him, that could connect him to it. We knew when he bought it and who he sold it to."

Ellen Surette, Johnny Surette's mother, said she is relieved detectives think they have found her son's killer, but she is still disturbed by the facts of the case.

"What was a 17-year-old doing with a gun? He had all these other charges; why wasn't he in jail already?" Surette said. "He killed one person; he could have killed again."

A Sarasota County arrest warrant was issued for Jimenez-Rocha in January in connection with a September 1998 drunken driving accident. However, Jimenez-Rocha had purchased a bus ticket out of town in late December.

The state attorney's office is reviewing the case to determine whether Jimenez-Rocha will face a first- or a second-degree murder charge.

Assistant State Attorney Charlie Roberts said he does not expect this case to be a repeat of the legal battle Sarasota County prosecutors waged to extradite the 23-year-old Del Toro.

"The normal extradition process doesn't take that long," Roberts said.

Prosecutors said Del Toro fled to Mexico to avoid prosecution in the death of Bellush, the mother of quadruplets who was shot and slashed to death in November 1997. Mexican officials refused to extradite Del Toro, who is a U.S. citizen, until prosecutors agreed not to seek the death penalty in the case. Del Toro was returned to Sarasota custody in July and awaits trial.

Roberts and State Attorney Earl Moreland said they have contacted the U.S.  Department of Justice to begin the extradition process for Jimenez-Rocha. It is unlikely that the death penalty will be sought in the case, Roberts said.

The morning of Feb. 23, 1998, Ellen Surette found her son's body on the screened back porch of their duplex in the 2100 block of Forked Creek Road in Englewood.

At the time, Jimenez-Rocha lived with his mother in a duplex a few doors away. Detectives interviewed them both that day, along with neighbors, as they looked for witnesses.

"He actually served as translator for his mother, who only spoke Spanish,"  Lilly said. "But we hadn't identified him as a suspect then."

There is no evidence Surette and Jimenez-Rocha had any personal connections or even knew each other well. Even in his confession, Lilly said the suspect only referred to Surette as "the man next door."

According to Jimenez-Rocha's statement, he was sitting in his car outside his duplex listening to music when Surette shouted something at him. After he got out of the car, he said Surette made an ethnic slur, and the two began arguing.

Jimenez-Rocha told detectives he tried to walk away, but Surette grabbed him and hit him, prompting him to pull a .380-caliber handgun and shoot Surette once in the stomach.

"Miguel is unable to explain the second shot," Lilly said. "He said he probably discharged the weapon two or three times, but he doesn't admit shooting him a second time."

A second shot hit Surette in the back.

In May 1998 the same gun was used to fire five shots into a car at 350 Elm St. in Englewood. A year later, the gunman convicted in the Elm Street case, Reynoldo Hernandez-Flores, told investigators the gun had had a succession of owners in Englewood, including Jimenez-Rocha.

By that time, Jimenez-Rocha was in jail in Mexico. Investigators spent the last several months working through the U.S. consulate in Mexico arranging to interview the suspect.

"We knew where he was, and we knew he wasn't going anywhere," Lilly said.

Staff Writer Tom Spalding contributed to this report.

Staff writer Rodney Crouther can be contacted at 460-2714 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

 
Suspect's life has always been a trial The man accused of masterminding a Sarasota murder had a brut Print E-mail

Sarasota Herald-Tribune (FL){PUBLICATION2} 

January 16, 2000
Section: A SECTION
Page: 1A
Tom Spalding STAFF WRITER

For the sake of his 2- and 5-year-old sons, millionaire inventor Allen Blackthorne bought someone else's invention last fall, a machine that spikes air holes in his cigarettes to cut nicotine consumption.

On the golf course, he was known for spicing up otherwise unimportant putts with bets for $1,000 or more. He always paid up right away if he lost, and expected the same of others when he won. And when the widower of his ex-wife, Sheila Bellush, filed a $32 million suit against Blackthorne, accusing him of hiring the hit man who killed her Nov. 7, 1997, he turned and countersued.

Allen Blackthorne has always treated obstacles in his life as challenges.

He says he wound up a driven man because it took him four decades to overcome an unhappy childhood and to find contentment. He learned early that he had to fight for happiness.

"What is being in love?" he asked during an interview last July. "It's a good question. I went a lot of my life not believing in the concept."

When he was a boy, his mother once doused him with gasoline and set him on fire.

He didn't know his father until he was 16.

He weathered three abuse-filled marriages, a horrific car accident, bankruptcy, career failures.

He had also, by age 44, built a medical-device business in Texas so successful that he could essentially retire. And he had constructed an apparently happy household with an adoring fourth wife, Maureen.

Now he sits behind bars, facing execution or life in prison if he is found guilty of masterminding the breathtakingly brutal killing of his third ex-wife.  'A very angry man'

Did Blackthorne strike back with the same violence that had been visited against him as a boy? Authorities in Texas and Florida blame "a very angry man" for the murder and say Blackthorne was the one. In the version of events they presented during a detention hearing in Texas last week, Blackthorne is the product of domestic violence, a cyclical brutality that turns victims into perpetrators.

Bellush, a mother of six, including quadruplets born after she divorced Blackthorne and remarried, was found in the kitchen of her Sarasota home, shot in the face and stabbed twice in the neck.

In trying to prove that Blackthorne arranged that demise for his ex-wife, investigators have meticulously gone through his life, looking at court documents and interviewing people from his present and past.

That includes three people already connected both to the murder and to Blackthorne. Daniel Alex Rocha, 30, was convicted in Florida last January and received life in prison for his role in conspiring to kill Bellush.  Samuel Gonzales, 29, a former golf course attendant, admitted to his role in the conspiracy and received 19 years in Florida prison. His cousin, Jose Luis Del Toro, 23, is accused of being the triggerman and faces a July first-degree murder trial in Sarasota.

Rocha, an amateur golfer and bookie, has repeatedly named Blackthorne as the inspiration for the attack.

Blackthorne's defense attorney, Richard Lubin, said his client's past - including marriages and relationships with his children and other people's children - will not be a factor in his trial. But U.S. Magistrate Pam Mathy last week found his history of violence and "physical acting out" strong reason to deny him bail.

His background showed the possibility that Blackthorne could commit a gruesome crime.

"Yeah, looking at that stuff makes you think he's more of a suspect and keeps the light on him," Sarasota chief assistant state attorney Henry Lee said.

Broken teeth, broken home

Not many people have their life story on paper. Blackthorne, however, gave an autobiography to a psychologist in a court-ordered review in 1987.

Blackthorne wasn't his first name.

He was born Allen Van Houte in Oregon on June 5, 1955.

His father, Guy, was a TV repairman who left his wife, Karen, when she was pregnant with Allen.

His mother was a drug addict and prostitute who left him "with few positive memories" Blackthorne can recall.

When he was a boy, she hit him over the head with a two-by-four when he left his tricycle in the back of a car. When a Cub Scout den mother stepped in to assist him, his mother punched her. She was arrested, and Blackthorne was shipped off to a juvenile home for two weeks, then sent to his grandparents.

Other motherly attacks left him with broken teeth and ribs. He said he was hospitalized six times. Several times, he said, he woke up in the hospital with no idea why he was there.

When he was 13, his mother turned him into a torch in the gasoline dousing incident. A friend quickly smothered the flames.

At 16 he located and re-established contact with his father.

When Blackthorne turned 21, his mother tried to kill herself with a shotgun.  She lived, but her left arm had to be amputated. In the hospital, she blamed her son for the trouble in her life, and they never spoke again.

"She had lots of problems," Blackthorne told the San Antonio Express-News of his mother. "There were abuse issues. She tried real hard in life, but she just could never get a handle on it."

In interviews with the Texas newspaper, family members have backed up Blackthorne's tales of his childhood.

Jack G. Ferrell, the court-ordered psychologist, wrote in a 26-page report that Blackthorne had survived "very extreme odds" as a child that he appeared to replicate as an adult.

"The word 'challenging' appears to personify this individual, who may well view his life in terms of overcoming obstacles and challenges," Ferrell wrote.

Marriages, business

Blackthorne had trouble in relationships with other people besides his parents.

In the early 1970s in Salem, Ore., Blackthorne's childhood sweetheart, Ellen C. Chambers, got pregnant. They put the baby up for adoption, and Blackthorne never established contact with the child. In 1973, two months before his 18th birthday, Blackthorne married Chambers, but a day after the wedding, he knocked her down between a toilet and bathtub and beat her until she almost passed out.

In another encounter much later, when she told him she was pregnant again, he threw her onto a couch and beat on her stomach until she bled. The next day she went to a medical clinic and had an abortion.

The couple was so poor that when their car broke down later in San Jose, Calif., they had to get odd jobs to pay for the repairs. They settled in that city but eventually separated and divorced in 1978.

In 1979, while in Lawton, Okla., Blackthorne met Mary Elizabeth Meyers, a single mother. He married her that year, about the same time he opened a chain of music equipment stores known as Capitol Hi-Fi.

Blackthorne told Ferrell, the court psychologist, that his relationship with Meyers was a good one. But Meyers told police he had temper tantrums after bad days at work, and that he broke up furniture and knocked holes in the walls. One time he slapped her in the face, and another time he threatened to hurt her children, telling her he could hire someone to do it.

Blackthorne remembers the marriage differently; he blames a nine-month business trip to Japan as a strain on the couple. Though he cared for her deeply, he remembers, she went back to her first husband.

Blackthorne was divorced for a second time in 1983.

During the divorce, Blackthorne's attorney introduced him to Sheila Leigh Walsh, a legal secretary seven years his junior. After three dates, the couple, living in Oregon at the time, married Feb. 4, 1983.

In that year Blackthorne, then 28, had his first brush with the law. A motorcyclist cut in front of him as he was driving with Sheila in the car.  Blackthorne ended up running over the motorcyclist, killing him, then fleeing the scene. He later turned himself in and pleaded not guilty, and the charge was dropped because of a lack of evidence, according to court documents and Sheila's sister, Kerry Bladorn.

Meanwhile, Blackthorne brought Sheila and her parents into his business. But the business didn't last long.

According to court records, Capitol went bankrupt after the couple's first daughter, Stevie, was born in 1984. The company folded amid family arguments and after at least one lawsuit was filed claiming that it sold defective equipment.

The family moved to Hawaii, where Blackthorne started Pacific International Electronic Supply Co. But U.S. marshals and customs officials seized a warehouse full of 2,700 muscle stimulators, taking issue with Blackthorne's claims that the devices shaped up bodies without exercise, according to a May 1985 article in the Honolulu Star-Bulletin.

Blackthorne's once-estranged father, Guy Van Houte, took his son's failure and turned it into a success for himself. He formed a new company called WestPac Electronics that received approval from the Food and Drug Administration to relabel the stimulators as health devices, not exercise devices.

In Hawaii, Blackthorne became upset to learn that Sheila was pregnant with their second child, Daryl, born in 1985. He began seeing her as a "gold-digger," according to the psychologist's report. The family moved to San Antonio to avoid creditors and to get a new start. 

Becoming Blackthorne

On March 14, 1986, Allen Van Houte legally changed his name. He became Allen Blackthorne because he said his mother told him that was the last name of his biological father. Sheila later told authorities that her husband changed his name for the same reason he moved to Texas, to get away from creditors. She said he picked the name from the James Clavell novel "Shogun"
because he'd done business in Japan, too.

"Shogun" is about Englishman John Blackthorne, an explorer and plunderer stranded in Asia in the 1600s.

In 1987, Sheila filed for divorce, sparking a lengthy civil battle that would not fully end for 10 years, when Blackthorne relinquished custody of his daughters.

The deteriorating marriage generated accusations and counter accusations, some real and some fabricated, that each was abusive or sexually assaulted their girls. Blackthorne was convicted of assaulting Sheila twice in 1987, and he received probation for both offenses.

By the early 1990s, Blackthorne had helped establish a muscle-stimulator business, RS Medical in Vancouver, Wash. By 1996 it reported $14.2 million in revenues, according to the Portland Business Journal.

Sheila and Blackthorne went their separate ways but continued to live in San Antonio. She met drug salesman Jamie Bellush on a Southwest Airlines flight in Phoenix and married him in a secret ceremony in San Antonio in 1993.  Although Sheila had two daughters, they wanted more children, so they used in-vitro fertilization and had quadruplets in December 1995.

Blackthorne met Maureen K. Weingeist while she was chaperoning a friend on a blind date. He was more interested in Maureen, however, and they began dating. That relationship almost crumbled when Sheila and Jamie warned her that Blackthorne was trouble. She investigated it herself but believed Blackthorne.

They married in 1994 and have two boys, several pets and an $800,000 mansion.

The Bellushes got custody of Stevie and Daryl in July 1997 and moved from San Antonio to Sarasota that September - partly because of Jamie's promotion. Jamie has said they moved also because they were afraid of Blackthorne, but such a claim has never been completely corroborated.

Six weeks after the move, Sheila Bellush was dead.

On Nov. 9, 1997, two days after her death, Sarasota County sheriff's detective Mark Brewer interviewed Sheila's sister Kerry, who gave this statement:

"She always knew Allen would kill her, because he told her so many times. I know that's all hearsay, but I heard it from his mouth, too."

Blackthorne says he is a changed person.

He's cut ties with his past, including with his estranged daughters. Maureen Blackthorne said her husband has never been abusive, and that he is intensely devoted to his boys, to golf and to defending his new life. His intensity, she says, is one reason for his success.

Lubin, Blackthorne's attorney, put it this way: "Allen right now is not a violent man, not a danger to the community. . . . He has toned down and lives a law-abiding life."

Caption: Allen Blackthorne, 44, is escorted out of the Wackenhut Correctional Facility in San Antonio.
JOHN DAVENPORT/SAN SANTONIO EXPRESS-NEWS Allen Blackthorne and his fourth wife, Maureen, have two sons and an $800,000 mansion.
FILE PHOTO

All content © 2004 Herald-Tribune Corp. and may not be republished without permission.

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State Attorney dismisses Hogle letter Print E-mail

March 29, 2000
Section: B SECTION
Page: 5B

Kevin L. McQuaid STAFF WRITER

The State Attorney's Office has rejected a request by Sarasota City Commissioner Al Hogle that comments made by a fellow commissioner be investigated.

Earlier this month Hogle asked prosecutors to question Commissioner Mary Quillin under oath regarding what Hogle considered allegations from Quillin that city officials broke the law.

Henry E. Lee, chief prosecutor under State Attorney Earl Moreland, said the "comments of Commissioner Quillin are insufficient to justify a criminal investigation," according to a March 20 letter sent to Hogle.

"Commissioner Quillin's expressed opinions contain vague generalities regarding unnamed people being dishonest . . ." Lee wrote. "It is unclear if Commissioner Quillin is accusing anyone of potential criminal conduct."

Lee further wrote Hogle, a former police captain, that if Quillin has evidence of criminal activity she should "file a formal sworn complaint" with the Sarasota Police Department.

Quillin said Lee's response was expected.

"I didn't expect anything less," Quillin said. "I know what it takes to file a complaint; you have to go through the police department. It's too bad (Hogle) didn't listen to me or my comments. This didn't warrant bothering the state attorney's office."

Hogle did not return telephone calls seeking comment Tuesday.

Hogle's letter to the state attorney earlier this month was prompted by comments Quillin made during the commission's March 6 regular meeting, when she told her fellow commissioners that it was "time to belly up to the bar and do business above the table."

ons of law.

 
On the Bellush murder case Print E-mail
July 26, 2000
Section: A SECTION
Page: A10

Memo: LETTERS FROM OUR READERS

So much has been written and reported about the Sheila Bellush murder - various aspects of the case, stories about the family and the trials - but not enough, in my opinion, about the Sarasota County Sheriff's Office and the state attorney's office. I'd just like to say that the citizens of Sarasota County should be very grateful for the professionalism of their sheriff's department in the handling of the investigation from the moment it was reported.

Before anyone can even be arrested, an investigation, to be successful, must be carefully and painstakingly worked from the beginning. In this case, the work couldn't have been more perfect. I have personally worked with many agencies in my 23 years of law enforcement, in every capacity I have held, and that has included working for the Texas Highway Patrol, a narcotics division and, since 1989, the Texas Rangers. I place the Sarasota County Sheriff's Office beyond reproach in every aspect of the investigation. I would specifically give thanks to detective Chris Iorio and Lt. Ron Albritton. Their efforts and diligent work over 2.5 years were nothing short of impressive. There were so many detectives and crime scene technicians who did so much work and investigating that they all should be highly commended. This case was successful due to that teamwork.

Your state attorney's office also did a spectacular job in prosecuting the defendants. Charlie Roberts, Henry Lee and Earl Moreland should be highly commended for their dedication.

We should also thank the many witnesses in Sarasota County for their cooperation. It would have been easier for them to remain uninvolved - to have looked the other way. Thanks.

It has been a pleasure and a privilege to have worked with and assisted these dedicated officers in solving and prosecuting the horrible murder case. I take my hat off to them.

Sgt. Gerardo De Los Santos
 
State attorney clears officers in death Print E-mail
August 16, 2000
Section: B SECTION
Page: BV1
   Kelly Cramer STAFF WRITER

The state attorney's office cleared North Port police Tuesday of any criminal wrongdoing in the June death of a 24-year-old man who struggled intensely with officers.

"I reviewed this case to see if there was any evidence for criminal prosecution, and I think it's pretty clear that there's not," said Henry E. Lee, the chief assistant state attorney in the 12th Judicial Circuit. Brandon Jackson of Bradenton died June 20. North Port police responded to a call from Jackson's mother, Pam Ocasio, at 9:43 a.m. and found Jackson standing nude at the garage door of a neighbor's house in the 4600 block of Londel Avenue, a block away.

Jackson struggled with three police officers and police Chief David Yurchuck in a melee that lasted about five minutes. Jackson died after the struggle.

On Tuesday, Lee sent Yurchuck a letter telling him he had cleared the North Port officers.

"The police and fire departments were trying to help Brandon," said Yurchuck, who helped to restrain him.

He said the officers wanted to take Jackson to a hospital for evaluation.

"We did the best we could," he said.

Jackson's family attorney, Vincent Pravato, has filed a claim against the city and said he intends to sue. Pravato was not available for comment.

Sajid Qaiser, an assistant medical examiner in Charlotte County who performed Jackson's autopsy, ruled the death accidental. Qaiser said Jackson died of a heart attack.

Qaiser noted "minor contusions and abrasions around the wrists, on the face and on other parts" of Jackson's body "without any grossly noticeable trauma to the internal body organs."

During the struggle, two officers sprayed Jackson and each other with pepper spray. Jackson was eventually restrained with hand and leg cuffs.

North Port Fire and Rescue Chief Mike Auclair said a paramedic gave Jackson an intramuscular shot of Droperidol to calm him.

Jackson, who told the officers toward the end of the struggle that he suffered from asthma, stopped breathing after he was subdued, according to police reports.

Rescue workers began resuscitation efforts and then transported him to St. Joseph's Hospital in Port Charlotte. He was pronounced dead at 11:10 a.m.
 
Assistant state attorney Lee resigns Print E-mail
January 10, 2001
Section: B SECTION
Page: BS3
   Jennifer Sullivan STAFF WRITER

Henry Lee, second-in-command of the state attorney's office that covers Sarasota, Manatee and DeSoto counties, has resigned.

Lee, 46, who is chief assistant to State Attorney Earl Moreland, said in a letter dated Monday that he will go into private practice. He did not indicate his reason for leaving. Moreland said Lee's resignation is effective Thursday, at the end of the 12 weeks he has been on family medical leave. He has worked in the state attorney's office for more than 10 years.

"We're going to miss Henry," Moreland said. "He's one of the best trial attorneys we ever had."

Lee could not be reached for comment. He will open a practice in the same office building as Paderewski, Dannheisser & Sweeting at 1834 Main Street.

Dennis Nales, who spent the past year supervising the Bradenton office as deputy chief assistant state attorney, will take over Lee's job overseeing the three-county 12th Judicial Circuit.

Nales' old post will be left vacant, Moreland said. Nales has been filling in for Lee since he went on medical leave, and will maintain offices in both Sarasota and Bradenton.

Nales worked as the felony division chief of the Sarasota office before taking the deputy chief assistant position left open when Deno Economou was appointed a circuit judge in December 1999.

Since taking over the Bradenton office, Nales has served as lead prosecutor on the state's case against Larry Parks. Parks is charged with three counts of first-degree murder in connection with the slayings of Sherry-Ann Brannon and her two daughters in their Panther Ridge home.

Several weeks ago, Nales resigned from the case, which was given to Sarasota Assistant State Attorney Charlie Roberts because of his in-depth knowledge of DNA evidence, Moreland said.

The Parks trial is scheduled for April.
 
Man may be out of jail today Print E-mail
March 14, 2001
Section: B SECTION
Page: BS3
   STAFF REPORT

A Sarasota man who burglarized the homes of many of his friends and family members may be out of jail by today.

Franklin White, 27, served four years in prison and two years of house arrest after he pleaded guilty to 13 burglaries in 1993. But White violated his house arrest in 1997, and had to serve three more years. He was only a few months shy of the end of his probation when he violated his sentence last year.

Since then, he has been at the Sarasota County jail.

Defense Attorney Henry E. Lee said he thought White would be released from
jail Tuesday night.
 
Jury says Burgess is not guilty Print E-mail
July 14, 2001
Section: A SECTION
Page: A1
Correction: The following correction was published on Sunday, July 15, 2001:

Warren Burgess' murder acquittal on Friday was only one of several not-guilty verdicts in Sarasota County in recent years.

A Herald-Tribune story Saturday said otherwise, based on information from defense attorney Henry Lee. Lee, who was a prosecutor in the State Attorney's Office for more than 10 years before leaving this year, told reporters that the last Sarasota County murder acquittal was in 1989.

Lee was second-in-command at the State Attorney's Office when several not-guilty verdicts were announced. Warren Burgess' smiling face nearly smashed into the wooden courtroom table Friday afternoon when his exuberant attorneys slapped him on the back.

As a Sarasota County jury acquitted Burgess of murdering his wife, the jaws of his attorneys dropped and their eyes bugged. Burgess, Derek Byrd and Henry Lee appeared to be in a happy daze as Rebecca "Joy" Burgess' tearful family stormed out of the Sarasota County Judicial Center courtroom. It was both attorneys' first time defending a client charged with murder.

It was also the first time since 1989 that a murder defendant has been acquitted in Sarasota County, said Lee, who recently left his position as second-in-command at the state attorney's office.

"Realistically, with a murder case, particularly with some of the verdicts we've seen recently, we were cautiously optimistic," Byrd said.

Lee, who handled several murder cases during his 12 years as a prosecutor, said Sarasota juries tend to be conservative.

But after four hours of deliberations, jurors acquitted Burgess, a furniture upholsterer, because of "the poor investigation that was done by police," Lee said.

"Police jumped to conclusions. It's because of that, the real murderer has never been found and Warren has spent 10 months in jail," Lee said.  Byrd went as far as to say during closing arguments Friday morning that one Sarasota County sheriff's sergeant "solved the murder between a late lunch and an early dinner."

"The reason why, is he didn't take it serious ... nobody did their jobs," Byrd added.

Prosecutors would not comment on the verdict, but Joy Burgess' family members said they plan to sue the widower.

"He knows he did this. If he's got any conscience at all, he'll come forward," Martha Hughes, Joy Burgess' mother, said angrily.

When he was first questioned at Sarasota Memorial Hospital last summer, Burgess told investigators he found his wife bloodied, beaten and naked on the living room floor when he got out of bed for a glass of water at 5 a.m. on Aug. 30.

But because Joy Burgess didn't want him to call 911, Warren Burgess said he dragged her into their bedroom and held ice against her wounds. It wasn't until noon that he went to a neighbor's house and called for medical help.

After the verdict Friday, Burgess refused to talk in detail about the events leading up to his wife's death, but said he hopes the Sheriff's Office continues to search for her killer.

"I feel sorry her family had to go through something like this. I loved my wife very much and I miss her and always will," Burgess said.

Fearful that his wife's family or friends might be out to get him, Burgess checked into a motel Friday night, Byrd said.

His late wife's relatives said they would go back home to South Carolina after they met with detectives and prosecutors.

While prosecutors declined to talk about the verdict, Sarasota County sheriff's Capt. Kevin Gooding defended detectives saying, "We did what we felt was necessary and appropriate at the time."

Detectives accused Burgess of punching his wife then trying to scrub her blood out of the rug. By some accounts, the woman was hit more than 100 times before she slipped into a coma. She died of brain injuries.

Byrd said there was no way his client could have caused such injuries.

"This man is not Hulk Hogan. He is bony and thin," Byrd said in his closing argument. "This was a knockdown, drag-out, heavyweight fight."

The defense said Joy Burgess was injured during a brawl at a Bee Ridge Road bar. They believe she drove home and fell, further injuring her head.

Although the defense team spent most of the four-day trial discussing Burgess' size and a hand injury he sustained while installing a tiki torch -- not pummeling his wife -- one last-minute state witness made their case more difficult.

Byrd and Lee said they were most worried about Shelly Mills' testimony.

Mills, a friend of the couple who didn't come forward until Monday, testified that Burgess told her "I know I did it, but I just don't remember
it."

Jurors could have found him guilty of second-degree murder, third-degree murder, manslaughter, aggravated battery, battery or culpable negligence.

With his thin, pale hands still trembling nearly an hour after the verdict, Burgess said he had no idea what he would do Friday night, let alone for the rest of his life.

"I had a business in Sarasota for quite a while," he said. "I have a lot of good friends here and good customers. I'm sure they would still be there."

All content © 2004 Herald-Tribune Corp. and may not be republished without
permission.
 
Defense blames injury on tiki torch Print E-mail
July 11, 2001
Section: B SECTION
Page: BS1

Drawing upon his own experiences installing tiki torches, a sheriff's sergeant said he doubts that murder suspect Warren Burgess injured his hand hammering the Hawaiian-style lighting in his back yard.

Instead, Sarasota County sheriff's Sgt. Keith Muncy testified Tuesday that Burgess cut his right hand while beating his wife to death. Rebecca "Joy" Burgess, 36, died in September, weeks after she was beaten so severely that doctors said she suffered three kinds of brain trauma.

Warren Burgess, a slim, balding man with an almost constantly flushed complexion, is on trial this week at the Sarasota County Judicial Center for second-degree murder. If convicted, he could be sentenced to life in prison.

When paramedics found Joy Burgess in the couple's Ardale Street home on Aug. 30, 2000, the woman's eyes were swollen shut and her body was covered with dozens of scratches, bruises and scrapes, Assistant State Attorney Donna Berlin told jurors during her opening statement.

While Berlin argued that Burgess "pummeled his wife of eight years into a comatose oblivion," his defense team contends that prosecutors cannot prove the 44-year-old furniture upholsterer murdered his wife.

"The state can't prove why it happened, where it happened or who did it," defense attorney Henry Lee said.

Lee's co-counsel, Derek Byrd, said a cut on Burgess' right hand -- which prosecutors say happened during the beating -- was the result of Burgess accidentally smacking it with a horseshoe that he used to pound a metal stake into a gravel rock bed. The stake was to help the tiki torch stay upright.

Burgess, who has no prior criminal record, was first questioned about his wife's injuries while he sat in Sarasota Memorial Hospital's lobby.

According to court testimony, Burgess told investigators he found his wife after getting out of bed to get a glass of water at around 5 a.m. on Aug. 30. After finding her bloodied, beaten and lying naked on the living room floor, Burgess said, he carried her into their bedroom and held ice against her wounds.

Burgess said Joy asked him not to call 911. At about noon, he went to a neighbor's house and called authorities.

Detectives contend Burgess cleaned blood out of the carpet before calling for help.

Though Berlin testified that the 6 1/2 hours Burgess waited before calling authorities lessened Joy's chance of survival, Lee said the woman's desire not to have medical attention was obvious when she was combative with paramedics.

Lee said that Joy Burgess was hostile with hospital staff, making it difficult for technicians to get an accurate image as she lay inside the CAT-scan machine.

During his opening argument, Lee -- a former prosecutor -- recited a list of investigative techniques not applied to the crime scene. He said that the Sheriff's Office did not take fingernail scrapings of Joy Burgess, perform a rape test on her or fingerprint the couple's van.

All content © 2004 Herald-Tribune Corp. and may not be republished without permission.
 
Defendant signs name for jurors Print E-mail
July 13, 2001
Section: B SECTION
Page: BS1

Warren Burgess' right hand wobbled as he awkwardly clutched a ballpoint pen.

Since his second-degree murder trial started, Burgess has remained silent. The lanky furniture upholsterer didn't say a word Thursday when Sarasota County Circuit Judge Lee Haworth asked him to sit before the jury and sign his name three times with each hand. Jurors will compare Burgess' driver's license signature with the three signatures and three initials Burgess wrote with each hand to determine whether the 44-year-old is left- orright-handed.

Defense attorneys Derek Byrd and Henry Lee said their client is left-handed and injured his right hand doing yard work. They said the injury happened only hours before his wife Rebecca "Joy" Burgess was beaten at a bar on Bee Ridge.

Prosecutors Donna Berlin and Art Jackman have testified that Burgess is right-handed, and a Sarasota County sheriff's sergeant testified that Burgess cut his right hand while beating his wife so severely that she slipped into a coma and died weeks later.

Michael Hunter, an assistant medical examiner, testified Thursday that Joy Burgess "clearly had severe impact to her head."

Joy Burgess, 36, died in September. Doctors said she suffered three kinds of brain trauma.

Hunter said that he counted 36 bruises on her body, but had problems counting all of the bruises on her face and head.

Prosecutors and defense attorneys wrapped up their arguments in the case Thursday afternoon. If convicted, Burgess, who was convicted of drug possession in 1994, could spend the rest of his life in prison.

In addition to seeing Burgess sign and initial his name six times, jurors listened to a medical examiner, several Sarasota County Sheriff's Office employees and a friend of the Burgesses.

Shelly Mills, the couple's friend, testified that Burgess told her "I know I did it, but I just don't remember it."

Attorneys are expected to give their closing arguments this morning, giving jurors all day to deliberate.

Warren Burgess glances back to the gallery Thursday afternoon during the third day of his murder trial. Burgess is accused of beating his wife, Rebecca "Joy" Burgess, so badly last summer that she later died. If convicted of second-degree murder, Burgess could spend the rest of his life in prison.

All content © 2004 Herald-Tribune Corp. and may not be republished without
permission.
 
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