By Elizabeth Donatelli - bio | email
ELIZABETHTOWN, KY (WAVE) - For the fourth time the murder trial of Brent Burke ended in a mistrial.
After just four hours of deliberation, jurors sent Judge Kelly Mark Easton a note saying they could not agree on a verdict. Easton asked them to try again, but after more deliberations led to no verdict, the judge declared another mistrial.
This was the second of the four trials that ended in a hung jury.
"We're not going to give up, and the Commonwealth is wanting us to give up," said Brent Burke's mother Irene. "They want to break us. They're not going to break our spirits."
Irene Burke said she has been in court every day for the last 3.5 years.
"How many times can they do this?" asked Irene. "How many times can Kentucky put him through this?"
At the start of the day, Easton instructed the jury on the seven charges - two counts of murder for the shooting deaths of Karen Comer and Tracy Burke, three wanton endangerment for the kids inside the home, one burglary, and one cruelty to animals second for shooting the dog.
"There is absolutely no physical evidence linking Sgt. Burke to this crime," said defense attorney John Shaughnessy. "No DNA. No fingerprints. No matching glass."
The defense also questioned the time of events. Mark Gilmartin, a neighbor to the Comer home, testified he heard gunshots, a dog bark, and the sound of glass breaking around 10 p.m. on the night of Sept. 10, 2007.
"In fact, we know through the testimony ... that Sgt. Burke was at Ft. Campbell until 11:40 p.m. central time or 12:40 p.m. eastern time on September the 10th," said Shaughnessy.
The death certificate puts the time of death around 4 a.m. on Sept. 11. The prosecution argued Burke had plenty of time to make the 150 mile trip.
"Brent Burke has planned to get away with murder," said prosecutor Chris Shaw.
Shaw argued the motive was the pending divorce set for the end of that week.
"His violence, his anger, his selfishness," said Shaw.
Tracy Burke's two sons both identified Brent Burke as the man inside the house the night of the shootings.
"Anyone else would have shot the kids too," said Shaw. "You wouldn't leave eye witnesses, ear witnesses."
The defense used prior testimony to show the youngest boy's story changed.
"I believe he is confused and has been pressured and is not credible," Shaughnessy said.
Shaw left the courthouse without comment whether he will seek a fifth trial. Easton scheduled a pre-trial conference for April 26. Burke continues to be held in the Hardin County Detention Center. His bond is $1 million, but his parents say they expect it will be lowered.
Copyright 2011 WAVE News. All rights reserved.
Brent Burke
Karen Comer (Source; KSP)
Tracy Burke (Source: KSP)
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