Bay City Man Found Guilty In Child Sex Case 4-05-2011 - WNEM TV 5

Bay City Man Found Guilty In Child Sex Case 4-05-2011

A jury has found David B. Burns, 23, guilty on one count of first-degree criminal sexual conduct.
Testimony got under way last week in Burns' trial, in which he was accused of sexually assaulting a 4-year-old girl. Prosecutors said the victim is a family member of Burns.
It took the jury about an hour-and-a-half to come in with the guilty verdict. As the judge polled the jurors and Burns learned that he had been found guilty, he held a small Bible close to his face.
Prosecutors said Burns had sex with the 4-year-old girl last August, and Prosecutor Jordan Case said last week he had the facts to prove his case.
"Elements of a crime are like ingredients in a recipe,” said Case. “Every recipe has ingredients, and if they're not all there, the finished product doesn't come out."
But Burns’ lawyer said there was no basis to the allegations, and no medical indication that the youngster was sexually abused.
"The child's story differs from whoever she tells it to," said defense attorney Ed Czuprynski last week.
The girl's mother testified that she found out about the allegations through Child Protective Services, but that her daughter had mentioned being molested even before she was notified.
"When she started talking about sex is when it started to get disturbing," said the girl’s mom.
A prosecution witness examined the girl last September. She testified that enough time had elapsed between the time the alleged incident took place and when she examined the girl that it was possible there was no physical evidence the girl had been assaulted.
"The time period that's considered acute, or when it happened, is different for pediatric than an adult victim,” said child advocate Bonnie Skornia. “For a child victim, the acute period is within 72 hours, that's the time when you might find injury or DNA. After that time, chances are you won't find anything."
The girl took the witness stand to testify last Wednesday and Bay County Circuit Court Judge Kenneth Schmidt ordered everyone out of the courtroom except the jury, court staff, the lawyers and Burns when she testified. Her appearance lasted just a few minutes.
The girl's mother also testified, as did a local minister. The minster testified in court that the girl came to her, claiming she was sexually assaulted.
Burns could face life in prison when he's sentenced at a later date. Czuprynski said his client will almost certainly appeal the verdict.
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