THE COLUMBUS DISPATCH
	Friday, March 31, 2006
	Kevin Mayhood
	
	Coroner's later opinion
	wins man murder retrial
Nearly nine years after a coroner changed his testimony that 
	was used to convict a Columbus man of murder, the defendant who was 
	sentenced to death has been granted a new trial.
	
	But that doesn't mean Mark E. Burke is about to walk out of the Ohio State 
	Penitentiary in Youngstown.
	
	Franklin County Prosecutor Ron O'Brien said he is researching the decision 
	and still could appeal.
	
	Further complicating matters, Common Pleas Judge Dale A. Crawford said he 
	has set aside the death penalty and granted Burke a new trial on one count 
	of aggravated murder, but it's not clear what to do with a second conviction 
	of aggravated murder that was combined with the first.
	
	Burke, now 45, was found guilty of killing William McBride, a 72-year-old 
	Northeast Side widower. McBride was stabbed repeatedly and found dead, clad 
	only in his pajamas, in his yard on Thanksgiving 1989.
	
	Burke and his cousin James Tanner were charged. Relatives testified the pair 
	had joked about killing someone in a robbery. McBride's belongings were 
	found in their homes.
	
	At trial, each of the men blamed the other for the stabbing.
	
	It is unclear how Crawford's ruling will affect Tanner, who was convicted of 
	aggravated murder and sentenced to life in prison. Tanner, 44, is at the 
	Ross Correctional Institution.
	
	Crawford ruled this week that Burke should get a new trial because former 
	deputy Coroner Keith Norton changed his opinion on key evidence in the case.
	
	In 1990, Norton testified at Burke's trial that five shallow wounds on 
	McBride's chest were at least an hour older than seven deeper stab wounds.
	
	He said the five wounds could have been caused by the men prodding him with 
	a knife to scare him. An autopsy showed that McBride died of a heart attack, 
	likely brought on by the deeper wounds.
	
	The prosecution argued that the lapse between the infliction of the five 
	wounds and the seven showed the cousins had plenty of time to reconsider 
	killing McBride but didn't.
	
	But Norton had concerns about the case and started to review the evidence 
	again. In 1997, Norton testified that he changed his mind after conferring 
	with more-senior coroners and gaining more experience.
	
	He said that what he thought was some healing of the shallow wounds was 
	instead the crinkling of McBride's skin because he was an older man.
	
	Norton said those five wounds likely came from McBride crawling over a fence 
	in his yard, perhaps trying to escape his attackers.
	
	At trial, Burke testified that he watched his cousin stab McBride, but he 
	couldn't explain the shallow wounds.
	
	Norton's new evidence was used in a motion that asked Crawford to set aside 
	the sentence. He declined, as did the Franklin County Court of Appeals. 
	Burke's attorney, Carol Wright, then filed a motion for a new trial.
	
	Crawford denied that as well, but the court of appeals ruled he should 
	listen to Norton's new opinion.
	
	In November, Norton, now a coroner in Missouri, returned and told Crawford 
	what he now believed about the wounds.
	
	Crawford said Norton's new testimony that the fence could have caused some 
	of the injuries might have swayed a jury into finding Burke's testimony more 
	credible.
	
	In 1990, the jury found Burke guilty of two aggravated murder counts, one 
	with prior calculation and the other with the intent of concealing a felony 
	because Burke and Tanner had robbed McBride.
	
	The jury recommended death for Burke on both counts. But then-Common Pleas 
	Judge William Millard merged the two counts and asked the prosecution on 
	which charge he should sentence Burke.
	
	Wright said yesterday that because the two counts were merged, she thinks 
	Crawford can't now pull out the second count and apply the sentence only to 
	it.