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.    

                                                                                                                                                               Return to Top 

                                                                                                                                                               Back to Front Page

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.

                                                                                                                                                              Return to Top 

                                                                                                                                                              Back to Front Page          

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.

     (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

                                                                                                                Return to Top

                                                                                                                Back to Front Page

"Pretty much all the honest truth telling in the world is done by children." 

~ Oliver Wendell Holmes

     We Care!