Jury awards $400G to man wrongly accused in murder
By Sean Murphy/ Daily News Transcript
Tuesday, December 12, 2006 - Updated: 03:39 AM EST
Eight years and one day after he was wrongfully arrested and jailed for 41 days for a gruesome 1998 murder, Edmund F. Burke of Walpole received vindication and a $400,000 verdict from a U.S. District Court jury yesterday.
The 12-member panel found unanimously that Massachusetts State Police Trooper Stephen McDonald violated Burke’s constitutional rights when arresting him as his neighbors cheered and jeered for the murder of 75-year-old Irene Kennedy of Foxboro.
“This horrible case ruined my life and it led the to the death of my infirm mother,” Burke, 56, said last night. “I’m glad the jury found for me but it’s hard to have good feelings about the verdict given how much pain and money this travesty cost me and my family.”
He noted that the verdict money has been eaten up in trial fees.
The case centered on Burke’s contention that McDonald already knew DNA evidence excluded him as a suspect at the time of his arrest. She was found beaten, strangled and stabbed 32 times in Walpole’s Bird Park. Martin Guy of Walpole was later convicted in the case. Burke lived on the edge of the park and Kennedy was his brother John’s mother-in-law.
Burke’s lawyers told the jury that McDonald received a report by phone from Maine State Police crime lab analyst Theresa Calicchio that the DNA evidence excluded Burke hours before police went to arrest the innocent man.
McDonald’s attorney, Joseph Kittredge, claimed his client didn’t get the full report until Dec. 11, the day that Burke was arraigned.
“This was a witch hunt. It was a rush to judgment,” attorney Robert Sinsheimer said on behalf of Burke. Burke also has a civil case pending against the state.
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