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Twice Convicted Sex Offender Lance
Burch Incarcerated at Shelton...
by Dixie A.
Walter
September 28, 2003
Lance
Burch will remain in the Washington Correction Center until August 10, 2030
according to Todd Cottingham, father of the two minor children Burch was
convicted of abusing sexually. Cottingham said, "His real release date
is August 10, 2035, but he gets an eighth off for good behavior." And
added, "Prior to his release he [Burch] must submit an address and if
we have a problem then he has to go elsewhere. Meanwhile he is still at
Shelton and will remain there...unless they want to move him. But we will be
notified if that happens."
Burch served hard time in the "State Prison
of California" where he was convicted of sex crimes against
children in 1988. He was sentenced to serve six years at that time. He moved
to Eatonville several years ago. Burch was arrested by Eatonville police
April 10, 2001 for the abuse of his two little step-granddaughters. He was
sentenced June 27, 2003 after two jury trials.
Cottingham reports that both girls are doing as
well as could be expected and are doing normal kid stuff in
school.
New Burch Sex Abuse
Trial Update...
by
Dixie A. Walter
May18, 2003
TACOMA: For the second time since March 5, two brave little girls gave
testimony in Superior Court during the trial of Lance Burch,
their "Grandpa," accused of molesting them. This time the children
talked to a new jury and a new Superior Court Judge Rosanne Buckner
presiding. This time the girls explained painful
experiences they have repeatedly told to nurses, social workers, attorneys,
forensic interviewers, and in the beginning to their parents. And this time,
the youngest girl, *"Mary,"
visibly anxious, declined to give details of her alleged experiences with
her step-grandfather. Previously Mary's testimony was recorded on audio
tape. The tape will be played for the new jury as it was played for the
first jury.
What the present jury does not know,
and what the first jury did not know, is that the accused, in
1988, was convicted of sexual crimes against children and sentenced to serve
six years in the "State Prison of the State of California." The
accused admitted his crime and served his time.
Court documents reveal Burch's plea
bargain which lowered his sentence. He was convicted of abusing his wife's
daughter, about ten years old at the time he married her mother. Documents
reveal a pattern of sexual abuse with his step-daughter, and sister, which
lasted for years before Burch was caught and sent to prison.
Today Burch stands accused, once again, of
sexually abusing his two step-granddaughters, the children of his wife's
daughter. The first trial against Burch, in early March of this year,
resulted in a mistrial. The current trial got off to a slow start Wednesday,
May 14 with only one witness taking the stand. On Thursday, May 15, court
recessed at 1 p.m. until Monday morning, May 19.
Retrial means just what is says.
Everyone starts from the beginning. The only new information
brought forth in testimony so far has been minimal. For more information
about this case, and to read previous testimony please see Burch
*The
children's names have been changed to protect them.
May 12, 2003
Lance Burch Child Sex Abuse Re-trial
Begins Wednesday, May 13 at 9 a.m. in Pierce County Superior Court.
State and Defense Rest in Burch Trial... Closing
Arguments Tuesday, March 12
by
Dixie A. Walter
March 11, 2003
TACOMA: With
Superior Court Judge James Orlando presiding the
state rested their child sex abuse case against Lance Burch at 11:15
a.m. Monday, March 10. Pam Burch, wife of defendant Lance Burch, then took
the stand in defense of her husband. Their two minor children, a 16-year-old
male and 13-year-old female, also took the stand Monday. All testified the
accused had been extensively injured in a "three-story
fall" off Murphy Falls near Eatonville in Oct. 1999. Under
questioning by appointed defense attorney John Chin, Pam Burch told the jury
her husband was extremely incapacitated during the time the alleged sex
abuse of his two step-granddaughters took place, between April and Nov.
2001.
She said he was so incapacitated sometimes he
"had trouble" buttoning his shirt as he had extremely limited use
of his right arm, injured in the 1999 fall, and had undergone several
surgeries on his right leg which was shattered. Pam Burch testified the
defendant "couldn't get out of bed without my help," that she had
to dress him, help him shower, take him to the bathroom, fix his food. She
said at times he could only walk a few feet "maybe five at the
most," and he wasn't able to carry any weight but his own body weight.
Mrs. Burch also said at one time her husband weighed 245 lbs., and
demonstrated how he could not move his right arm above his head, saying at
times he couldn't even "lift a potholder" and he had "zero
weight lifting abilities."
Pam Burch told the court she was concerned
for his safety and didn't want him left alone. She also stated that when
the young victims of the alleged abuse, her granddaughters *Eve
and *Mary, visited the Burch home in
Eatonville, they were never left alone with the accused. Mrs. Burch said
this was because her husband was too infirm to care for them. She works,
usually on weekends, as a maid at the Mill Village Motel in Eatonville.
The Burch family are members of the Eatonville Methodist Church where the
defendant sang in the choir for a few months.
Mrs. Burch told the jury she was sure her children
had never left the young girls alone with Burch when she wasn't there. Pam
Burch explained that one or the other of her "kids" were always
with Eve and Mary, and their "Grandpa Lance" was never alone with
them at any time. She also stated that although the girls visited their
house, they didn't visit as often as their father, Todd, had estimated from
his work records. His estimate was approximately 15 visits between April 1
and late Nov. Many of the visits included weekends. Mrs. Burch stated there were no curtains on the windows
until the defendant was arrested April 10, 2002. Her explanation for having
no curtains was because her husband needed to see when people came to the
door. But after his arrest she put up curtains because she no longer felt
safe.
Ko asked about a church mission to eastern
Washington her husband had participated in during the middle of May
2001. The mission included several local members of the Methodist
Church who went to a small parish in Mabton, to help with construction in
restoring the parsonage and church, which was built in 1904. The Eatonville
group worked on the parsonage. They slept in the basement of the building,
on the floor, for two nights.
Prior to the mission, Burch went to the area multiple times with the
minister George Lockwood.
When asked by Ko about this mission, Mrs. Burch
replied she didn't know much about it. But said it wouldn't surprise her that he
would go on a mission, because "our family is very involved in the
church." Ko questioned her about the defendant's ability to use the
bathroom, dress himself, climb a ladder and other activities involving the
mobility of his wounded limbs while in Mabton. Her answers to these queries were that she
didn't know because "I wasn't there."
A doctor from the Pierce County Jail next
testified that Burch wouldn't have been booked into the jail system if he
had been an invalid when he was arrested.
Both the Burch children testified Tuesday, March
11, and verified all their mother had said. They also demonstrated, as
did their mother, how the accused could not raise his arm. The daughter said Eve and Mary spent the most time with her and
the son said he spent the most time with him. The young man called them
"leeches" because they would "hang" on his legs when he
went to his room. However, both Burch children said they loved the girls
very much and enjoyed playing board games and other activities with the
little ones. Both also said, repeatedly, the girls were never alone with
their father.
The young man also told the court he took the
girls to church "every Sunday," and his father went with them.
Eve and Mary attended Vacation Bible School during the summer of 2001.
Along with the defendant the younger Burch sang in the church choir. He said
there were no "drapes" on the windows before his father went away,
but after his arrest they put them up for "our privacy; we didn't want to be bothered by
Eatonville people." Both Burch youngsters testified they had not
discussed their testimony with their mother and the young woman answered,
"I don't recall," to several questions. She insisted neither she
nor her brother ever left their nieces alone with the accused.
John Reisch testified for the defense and was
questioned by appointed defense attorney Michael Kawamura. Reisch said he
was familiar with the Burch family, and had helped them on several occasions
because of the defendant's medical situation. Reisch said he had known the
family since May 2002 and had worked with Burch on historical society and
chamber of commerce projects. Reisch said he had seen Burch go from
"almost totally incapacitated to walking with a cane."
Reisch explained how he visited the family every couple of weeks and said he
had seen Eve and Mary at the house on three or four occasions.
Reisch was cross-examined by prosecutor Mark
Lindquist, who asked him to verify a statement Reisch had made to him a
short time before, when he told the attorney Pam was a very loyal wife,
"loyal to a fault." Reisch acknowledged the remark. Reisch said
his wife is a member of the Methodist Church.
Lance Burch took the stand in his
own defense. He detailed his injuries and how difficult his life had
been since he dropped off the dangerous falls where two people had died
since 1970. He told the jury he still suffered. Burch said he was never
alone with the little girls and he didn't pay them much attention when they
visited. He said there wasn't a "whole lot of interaction" with
them because, "I was not pretty and didn't want them to see that."
The defendant testified he was alone
sometimes when his wife went to work and the "kids were in
school." When asked by Lindquist if he committed any of the crimes for
which he was standing trial, Burch said "No."
He also testified how the family went
to the Reisch's rural home near Eatonville so the kids could see horses.
According to Burch he did not leave the van. The accused stated he did some
work while on the church mission, took a "special two-step
ladder" with him and thought he did use a skill saw.
The alleged victim's father, Todd,
was called back to the stand by the defense. He verified his earlier
testimony regarding the disclosure of the alleged sex abuse against his
oldest daughter Eve while on the way to Mary Bridge Children's Hospital in
Tacoma regarding a strep rash on the little girl.
Jason McGuire was called back to
testify, as he was the arresting officer from the Eatonville Police
Department. Officer McGuire confirmed a phone conversation he had with Todd,
when the girl's father said he had a six-year-old, Mary, at home who hadn't
complained about abuse at that time. This was on Thanksgiving evening 2001,
while Todd was at Mary Bridge Hospital with Eve and his wife Nicole.
According to earlier testimony the girl in question did not disclose the
alleged sex acts until sometime in Dec.
The defense
rested at 1:25 p.m. and several rebuttal witnesses were called by the state.
The first was Jackie Parnell, wife of Eatonville Mayor Harold Parnell. She
explained that she was a member of the Eatonville Methodist Church, and had
gone on the May 2001 mission to Mabton along with the other church members.
Parnell described seeing Burch on a five to six foot tall ladder with no one
helping him, and no one holding on to him. She testified the accused had a
red tool box, and she saw him move it with his right hand. "The box was
metal and the tools were metal and that makes weight she told the jury." According to her
testimony, Parnell saw no one help him down eight concrete steps to the
basement; dinner was served "buffet style" and he walked around
the table to get his food.
Jackie Parnell also stated
Burch slept on the concrete basement floor, he had no trouble that she
saw, and said the defendant reached up and unscrewed a light fixture while
on the ladder, so she saw no problem with his upper body mobility. She told
the court Burch was using a cane at the time and had ridden to Mabton with
the the Methodist pastor George Lockwood.
The next rebuttal witness was
Lenora Callahan. She also went on the mission and testified she had seen the
accused at the Methodist Church, a two-story building, many times, and
observed him walking up and down steep flights of stairs with the use of a cane or crutches.
Callahan explained that Burch fixed a kitchen light fixture at the old
parsonage in Mabton. He had to "climb up a ladder and get the fixture
loose." She stated the defendant was by himself on the ladder, and was
using both arms. Callahan didn't see anyone helping Burch.
Asked by Chin if Burch was
"walking slower" than the other members of the group, she said,
"He was somewhat slower but not much slower."
Julie Webster, a close neighbor of
the Burch family, told the jury there had been blue curtains on the
windows of the Burch house during the time in question. Webster testified
that she visited the Burch home and "Sometimes when I was down there it
was just [the girl] - [the boy] was at a friend's house." The witness
said she went to the Burch home "quite a bit."
The last witness in the child sex abuse
trial was George Best, another member of the Mabton Mission Methodist Church
group. Best said he helped Burch "hang drywall," at his home and
Burch would hand "me stuff, help nail and screw in screws." In
earlier testimony Pam Burch pointed out that her husband was prone to
infections so they removed ceiling tiles and replaced them with sheetrock.
Bent noted Burch's upper body was "okay." Best also saw the
accused at church and testified he had seen Burch climb stairs with a cane
or a crutch. He estimated there were about 12 stairs, a small platform then
another six or seven stairs leading to and away from the sanctuary.
The state rested this portion of the
trial at 3:15 p.m. Jury instructions and closing arguments are
scheduled to be heard Wed. March 12 beginning at 9 a.m. The case will go to
the jury sometime March 12.
*The girl's
names have been changed to protect them.
For more about this story see
below.
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Lance Burch Sex Abuse
Trial, Day Two... Conviction
Would Carry Life Sentence
by
Dixie A. Walter
March 8, 2003
Some graphic details of testimony reported in the court
will not appear in this story to protect the children.
TACOMA: The state has not yet rested in the child sex abuse trial against
Lance Burch. The second day of the juried trial was Thursday, March 6 in
Superior Court, room number 100 with Judge James Orlando presiding.
Court was not in session Friday, March 7, which was also the defendant's
birthday. He is 39 years old. Burch was originally charged with two counts
of child rape in the first degree and two counts of child molesting in the
first degree.
The state dropped two counts of child rape
charges against Burch. This is a two-strike case, in a two-strike state, he has a prior conviction
in California so double charges of child molesting are
enough to put Burch in prison for life if convicted. By dropping the
child rape charges, the state spares the young girls, who were allegedly
molested, more trauma.
In a letter dated Feb. 19, 2003 from prosecutor
Mark Lindquist to "appointed counsel" defense attorney Michael Kawamura, Lindquist
states,"...I want to note that we have discussed that this is a
second-strike case, that a conviction will result in a sentence of life in
prison with no possibility of release, and that you made an informed,
tactical decision to not submit a mitigation package and negotiate this
case. The appellate unit has asked us to do this for the record."
Charges against Burch in California, where
he served a prison term, were two counts of "lewd and lascivious
behavior with intent." The charges were from two minor, female
children. The accused served six years in Sacramento County.
Lance Burch's wife, Pamela, is the grandmother of
the two little girls he allegedly molested in Eatonville. In a letter to
Kawamura, received July 9, 2002, "Grandma Pam" said, "Lance
told me you are sending for the Calif. file, this we expected - just tell me
this, the past is just that, the past, he admitted what he did and paid for
it - actually we all did - anyway how much longer can they keep bringing it
up?" The prior conviction has not been brought up during this trial.
Pamela Burch, along with the two minor Burch
children, are scheduled to take the stand for the defense sometime early
in the week. The trial may be delayed as the defense complained of
difficulty getting doctors to the courtroom to testify. Referring to one
doctor as "God," defense counsel John Chin told Judge Orlando they
may have to call the Pierce County Jail doctor. Sunni Ko, on the prosecutor's
team, explained to the judge that if this were to happen they
might call for a recess, since they had not been previously informed about
this witness.
Tiffany Attrill, a trained child "forensic
interviewer" testified for the state March 6. An audiotape was played
for the jury which was recorded April 4, 2001. Attrill conducted an
interview with "*Mary," the youngest
child, who was six years old at the time. Mary had taken the stand the day
before Attrill's testimony, as did her older sister, "*Eve."
The child's innocent voice filled the quiet, sterile courtroom for about 40
minutes as she told her story.
While the April, 2001 interview took
place, Mary was playing with toys provided by the Pierce County
Prosecutor's office, where Attrill was employed at the time. She also carried a photo of her parents for security, as she did while on the
stand. As Mary spoke, the sound of her coloring could be heard on the
tape. The child chatted about "Barney" [the dinosaur] and coloring
him "green." An observer watched the interview through a two-way
mirror, and Attrill took notes. Mary described occasions which allegedly
occurred while she was home alone with Burch. One such
occurrence took place after "Grandpa Lance" allegedly gave her a
shower when she did not want to take one.
Then, Mary told about forced physical
contact , allegedly initiated by the defendant in his bedroom."
The child told Attril she tried to call her parents prior to taking the
shower but he made her put the phone down.
As she retold this story the sound
of Mary's coloring grew louder and louder on the tape until it was the
only sound heard in the hushed courtroom. The little girl also said it
"hurt" when he allegedly touched her "private parts"
with his hand. Mary stated Burch allegedly told her, "If you tell, your
grandpa's going to be mad."
Upon cross-examination by assigned
defense counsel John Chin, Attrill explained there were "a lot of
techniques" used by forensic interviewers to question children. She
also testified Mary had said if Grandpa Lance heard the door open he would
get dressed really fast and get her dressed fast also.
In late Nov. 2001 Eve was taken to Mary
Bridge Children's Hospital's emergency room with a rash, which started in
her pubic area and spread across her body in a few days. It was this rash
which was the catalyst for Eve's disclosure about the alleged abuse. The
rash was diagnosed as a strep infection.
Ann Allstrom, a nurse at Mary Bridge, who
has a master's degree in social work but is not a forensic interviewer,
testified for the prosecution.. Allstrom talked to Eve the night she was
taken to the hospital. According to Allstrom, Eve thought the rash came from
what he's been doing "down there" since the child and her sister
moved to Spanaway from California, where they had been living with their
natural mother. (The girls' father was given full custody of the children
and they moved to Washington in April 2001.)
According to Allstrom, Eve told her when Grandpa
Lance allegedly pulled her pants down it made her "sick," and
"it hurt a whole lot" when she used the bathroom. The child told
Allstrom she didn't touch Grandpa Lance. Under cross-examination Allstrom
testified, "You never want to contaminate what a child, or anyone,
says. You don't want to put answers in their mouths. Allstrom contacted
Child Protective Services (CPS) and the Eatonville Police Department. (EDP)
She also said an Eatonville police officer came to the hospital.
Arresting officer Jason McGuire from EPD took
the stand. Officer McGuire testified that he had gone to the Burch home in
Eatonville and arrested the accused April 10, 2002. Burch was taken to the
Pierce County Jail and booked. McGuire, a long time resident of Eatonville,
stated he was assigned to the Burch case and worked along with Eatonville
Police Chief Jim Lewis, officer Gill Hicks and officer Steve Watton. McGuire
said he didn't go to Mary Bridge Hospital on the night in question.
Joanne Mettler, nurse practitioner, who has worked
at both Mary Bridge Children's Hospital and Harborview in Seattle, said she
has conducted over 1000 children's examinations. Mettler testified
that "head to toe" examinations Jan. 8, 2002 of Eve
and Mary were considered "normal." However, the witness pointed
out that 95 percent of such exams are "normal." She explained how
wounds in mucosal parts of the body, such as the mouth and vagina, often heal
within a couple of days, so a normal exam often means little. She stated
that a normal exam "does not automatically exclude sexual abuse."
Mettler also noted that Mary did "not disclose" the alleged abuse
to her. However, she said there are many reasons children don't disclose,
sometimes they simply don't feel like talking.
Eve did discuss the alleged sex abuse with
Mettler. She told the nurse what her Grandpa Lance was doing to
her "didn't feel good at all, but he wouldn't stop." According to
Mettler, in Eve's mind the rash she had been treated for was connected to
her Grandpa doing "a lot of bad stuff..." The medical report says
the rash was not related to sexual abuse.
Forensic Interviewer Cornelia Thomas, with
Mary Bridge Children's Hospital, also took the stand March 6. She noted the
same alleged abuse testified to by other witnesses. Thomas interviewed both
Eve and Mary and both girls disclosed to her.
The accused was discharged from the U.S. Army
August 8, 1982. He was registered as a sex offender in Eatonville Jan. 8,
1997.
The trial is scheduled to resume Monday,
March 10 at 9 a.m.
*The girl's
names have been changed to protect them.
For more about this story see
below.
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Lance
Burch Child Rape Trial Begins...
by
Dixie A. Walter
with Brenda Rodriguez
March 5, 2003
TACOMA -The Lance Burch child rape trial began Wednesday, March 5 in the
Pierce County Superior Courtroom of Judge James Orlando. Burch has lived in
Eatonville for about six years and has been in the Pierce County Jail since
his arrest by the Eatonville Police Department April 10, 2002. He is
charged with two counts of **child rape in the
first degree and two counts of ***child
molestation in the first degree. The sex crimes were allegedly committed
against two young girls, step-grandchildren of the accused, during a period
of approximately six to seven months from April 2001 to about November 2001.
Burch is registered on the Pierce County Sheriff's Sex
Offender Web site as a Level 1 offender (low risk to re-offend) convicted of "Lewd &
Lascivious Act W/Force." Burch's conviction and time served happened in
California.
The first state's witness was "*Eve"
a beautiful ten-year-old fourth grader whose favorite subject is
"music." Questioned gently by lead prosecutor Mark Lindquist, Eve
told the court and jury of twelve and two alternates. her "Grandpa
Lance" had touched her in "the private area." The child
explained she had been left alone with him when her "Grandma Pam" went to
work and other children left the house.
Eve was around eight-years-old when the alleged
abuse took place. With the jury's eyes intensely focused on the child, Eve
described how "sad" it made her to discuss this distressing subject.
She also firmly stated she did not talk to her younger sister
"Mary" about the issue, because Mary had "bad dreams"
about "monsters" and was "afraid of Grandpa
Lance."
During careful cross-examination by "Assigned
Counsel" defense attorney Chin, Eve never wavered from her testimony
that she had been alone in the house with the alleged perpetrator and had
not discussed the suspected felony with her sister.
Mary, six-years-old during the time frame in
question, testified next, holding a picture of her parents for security. The
lovely child, who is nearly eight today, wants a "Barbie car" for
her birthday. She was questioned sensitively by prosecutor Sunniko who asked
if she knew how important it was to "tell the truth?" Mary
answered she knew it is "better to tell the truth," and
"promised to tell the truth" during her testimony. Mary's
recounting of the alleged sex crimes were similar to her older sister's
testimony. She describe how "Grandpa checked my no, no spot." The defense did not
cross-examine this child.
With nearly all members of the jury taking profuse
notes, the next witness was the girl's step-mother, Nicole, who
patiently and firmly explained how the alleged sex acts were discovered by
herself and the girl's dad Todd. Nicole was on the witness stand for about
one and a half hours. She broke down in tears once while telling about a particularly
painful scene Mary had described between her and the accused.
After lengthy cross-examination of Nicole by
defense attorney Michael Kawamura, also "Assigned Counsel," the
girl's "Mom" was excused and her husband of two years took the
stand. During questioning by Lindquist, Todd corroborated the testimony of
his daughters and wife. He did the same during drawn out cross-examination
by Chin.
At the end of the first day in court there were
only two minor inconsistencies in the testimony of the family. The same
story was told over and over in different ways, always ending with the
accusation of child rape and molestation intact.
Court resumes at 9 a.m. Thursday, March 6.
*The
children's names have been changed to protect them and the parents last
names have been omitted.
** RCW
9A.44.073
Rape of a child in the first degree.
(1) A person is guilty of rape of a child in the
first degree when the person has sexual intercourse with another who is less
than twelve years old and not married to the perpetrator and the perpetrator
is at least twenty-four months older than the victim.
(2) Rape of a child in the
first degree is a class A felony.
***RCW
9A.44.083
Child molestation in the first degree.
(1) A person is guilty of child molestation in the
first degree when the person has, or knowingly causes another person under
the age of eighteen to have, sexual contact with another who is less than
twelve years old and not married to the perpetrator and the perpetrator is
at least thirty-six months older than the victim.
(2) Child molestation in the
first degree is a class A felony.
For part of the paper trail on this case
please see
Pierce
County Superior Court Criminal Case 02-1-01705-5
Pierce County Sex Offenders Web Site
Pierce
County Known Registered Sex/Kidnapping Offenders
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"Pretty much all
the honest truth telling in the world is done by children."
~ Oliver Wendell Holmes
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