Burns Support Day
Show of Support Day: Thursday, March 19th
Josh will be sentenced on Thursday of this week (March 19) by Judge Miriam Cavanaugh at the courthouse in Howell, MI. We have several activities planned for the day as we say farewell to Josh and look expectantly toward the future as his appeals process begins. Though Josh will leave us for a time, we will continue to fight for truth and justice for his family. He is committed to continuing his fight for exoneration and the reunification of his family for as long as it takes and we are committed to continuing in that fight with him.
Support Luncheon
Please join us for lunch as we say goodbye to Josh, for a time, and look toward the future as the appeals process begins. There will be a pizza and salad lunch, a time of fellowship and announcements regarding the rest of the day’s activities. Here is a brief rundown of those activates:
11:00: Meet at Centerpointe Church in Downtown Howell (click here for map pdf).
11:30: Lite Lunch:
11:45: Speakers Tim Stevens and Josh Burns
12:30: Leave to Courthouse. (click here for map pdf)
1:00: Sentencing
Please note that we don’t exactly know when Josh’s case will start. It is possible that many of us will not be able to fit inside the courtroom. We do intend to have a contingency outside in the front of the courthouse to show support for Josh. We may pass out some business cards noting the website TornFamily.com We will have a banner that will note that we are associated with this website. Having people assembled peacefully out front is a great way to show our support for Josh, and our disappointment in the lack of justice practiced by this county.
Please RSVP so we can ensure there is enough food: info@tornfamily.com
**Please note that Centerpointe Church is in no way affiliated with the Josh Burns defense, the Burns family or TornFamily.com and are in no way endorsing or funding the event at the church.**
Please remember if you intend to go inside the courthouse you must leave all pocket knives, nail clippers, scissors, files and cell phones in your vehicle.
For more information or to RSVP please email us at info@tornfamily.com
Email Updates
If you would like to receive regular updates on the Burns family and their case please fill out the e-mail subscription section on the sidebar of the website. We will be sending out regular updates, call-to-Action notices and information about fundraising events. If you decide you no longer wish to receive updates you can easily unsubscribe at any time.
Channel 7 WXYZ Detroit on the Burns’s Story, Part 3
Friend says visit by Child Protective Services to mom cleared of child abuse was 'pure harassment'
WXYZ investigative reporter Heather Catallo reports on CPS jurisdiction claims.
Read more
Channel 7 WXYZ Detroit on the Burns’s Story, Part 2
Cleared of harming her daughter, mom is in hiding and on state’s secret list of child abusers
WXYZ investigative reporter Heather Catallo reports on CPS jurisdiction claims.
Response to Prosecutor William Vailliencourt
William Vailliencourt, head of the Prosecutor’s Office in Livingston County, MI spearheaded the prosecution of Josh Burns for child abuse. He continues pursuing a malicious and illegal intrusion into Brenda and Naomi’s lives despite Brenda being exonerated of any wrongdoing. Mr. William Vailliencourt has provided the media with a written statement (pdf) about this case in an attempt to defend the unlawful, untruthful and malicious conduct of his office. Mr. William Vailliencourt is an elected official. He is a public servant who is required to uphold the constitution and laws of the United States as well as those of the State of Michigan even if he personally disagrees with them.
Josh Burns has written the following statement in response to Mr. William Vailliencourt. The events that Josh refers to in his response are based on fact and have been witnessed by numerous people:
In an attempt to defend the actions of his office, Mr. William Vailliencourt has issued an official statement on my case as well as the TornFamily.com website that my supporters have created. I would like to address the issues he brings up in that statement.
Mr. Vailliencourt begins by stating, “It is important to remember that the version of events presented by the defendant and his family and friends is a version of events that was rejected twice by each of two separate juries - juries made up of members of this community.” The claim that the story told by myself, my supporters and the TornFamily.com website is a version of events rejected by two separate juries is false.
The juries in the civil and criminal trials were denied access to integral pieces of evidence that point to my innocence. One example of evidence that was suppressed from the jury is an email exchange between Dr. Bethany Mohr and Dr. Alex Levin. Dr. Mohr sought a second opinion from Dr. Levin and when that opinion called into question her diagnosis of child abuse the e-mail was concealed from Brenda and myself and later kept from the juries.
Another example of suppressed evidence is the large amount of peer-reviewed medical research that was barred from being presented to the jury. This medical research showed how Naomi’s symptoms were caused by something other than abuse. I also took two polygraph tests related to the crime I was accused of and passed both. These test results were given to the Prosecution but were not allowed to be shown to the jury due to rules of evidence. All of these items I have just listed can be verified by many witnesses to this case.
Mr. Vailliencourt continues by saying, “First, a jury of six found that allegations in the abuse and neglect case against Mr. Burns were proven. Second, another jury of twelve in the criminal case found beyond a reasonable doubt that Mr. Burns committed child abuse against his daughter - an intentional act, not an accident. In each case, Mr. Burns testified and in each case the jury found him responsible for committing abuse. I think you can assess what the jury thought of his credibility. Simply having them restated for the press doesn’t make those statements any more worthy of belief.”
My response to these assertions is that during the civil trial the jury asked to see the exchange between Dr. Mohr and Dr. Levin. The court denied the request of the jury. The letter can be viewed in the defense section of the evidence tab on the TornFamily.com website. After the jury rendered its’ verdict in the civil trial the jury foreman told my attorney, Mike Cronkright, that he could not get past the fact that every time Naomi was taken to the hospital she had been alone with me. The jury was led to believe this falsehood (that can be confirmed by witnesses) because assistant prosecutor Betsy Sedore deliberately lied in order to deceive the jury into believing that I was alone with Naomi every time she ended up in the ER or the ambulance. Clearly the jury was not presented with all the evidence and it was also led to believe a falsehood by the prosecution.
Mr. Vailliencourt then states, “Testifying at both trials was the head of the University of Michigan Child Protection team, who is a nationally recognized expert. This child almost died. This was not birth trauma, but child abuse. And we won’t know until she gets older what lasting effects the victim might have suffered.”
My response to the prosecutor’s assertions that Dr. Mohr is a nationally recognized expert is that Dr. Mohr has never published any peer reviewed medical journal articles. Despite never publishing peer reviewed research herself, the doctor refused to acknowledge the authority of any peer reviewed medical research presented by the defense because if she did it would hurt the prosecution’s case against us. The experts who testified for the defense were much more experienced and qualified than Dr. Mohr, including the two child abuse pediatricians who testified that there were other valid medical explanations for Naomi’s symptoms and that a diagnosis of abuse would be way down on the list of cause of injury. Their testimony (as well as Dr. Mohr’s) can be read in the evidence section of the tornfamily.com website. Dr. Mohr also has a criminal record in the state of Florida related to a false report of an accident. This is public record. This false report is a crime of dishonesty which calls into question Dr. Mohr’s credibility. This fact was not allowed to be presented to the jury.
Mr. Vailliencourt finally ends his statement with the following, “Neither we nor the court currently know the location of the child. The court has scheduled a hearing on that matter on March 19. We have litigated our case in the courts, where it is the appropriate place to do so, and will continue to do so.”
My response to the Prosecutor’s Office is that based on the recent Michigan Supreme Court ruling in the Sanders decision they have no legal right to know Brenda and Naomi’s address. Despite this, they have been informed of Brenda and Naomi’s new address. In fact CPS and a state trooper showed up at her new residence and requested to come inside. They were denied entry by the homeowner because they did not have a warrant.
The Prosecutor’s Office and CPS/DHS are not just simply interested in Naomi’s safety as they claim. Rather they are interested in continuing to harass the Burns family and assert illegal jurisdiction over Brenda’s relationship with Naomi. After the City of Brighton Police Department entered Brenda’s previous home without a warrant, I contacted the police, prosecution and CPS/DHS and volunteered to wear an ankle tether which would allow the state to know my location 24 hours a day in order to set their minds at ease that I have no intention of breaking the No Contact Order. I received no response to my offer because law enforcement, prosecution and CPS knew such an action would prevent further illegal intrusion into Brenda and Naomi’s lives. The Livingston County Prosecutor’s Office is more interested in maintaining their power than following the law or fairly prosecuting residents.
It is also interesting to note that Mr. Vailliencourt continues to bring up that I was convicted by a jury of my peers, however, the Prosecutor’s Office fails to recognize that Brenda was exonerated by a jury of her peers and continue to treat her like an unfit parent. He hypocritically argues the public should believe I was fairly convicted by a jury while refusing to acknowledge Brenda’s innocence has been upheld by a jury and offers no reason to call her exoneration into question.
Channel 7 WXYZ Detroit on the Burns's Story
Mom cleared of abuse claims goes into hiding with baby after CPS continues to demand home visits. Lawyer calls CPS actions "legal terrorism"
WXYZ investigative reporter Heather Catallo reports on CPS jurisdiction claimsRead more
A Context for Fairness
Guest Post by Cheryl von Drehle
“No fair! No fair!” That ubiquitous cry of children rings down through the centuries and across the world. Children seem to possess some innate sense of fairness, at the very least a perception of when they are not being treated fairly. And how do most parents commonly respond? “The world is not fair… learn to deal with it!”Read more
What is the Josh Burns Benevolence Fund?
When the Burns initially found themselves facing the accusation of child abuse and the removal of Naomi from their family, they could not forsee all that would be required of them in the battle for their daughter. Once the Burns realized the situation was not a simple misunderstanding and that they had really lost their daughter, the devastation was earthshattering. While trying to comprehend what had just happened, the Burns had to find an attorney who could lead them through the struggle to regain their family. Thankfully, the Burns were able to find an experienced attorney who is one of the most knowledgeable attorneys in the state on the issue of Abusive Head Trauma (aka: Shaken Baby Syndrome). The amount of time, research, and work involved in such a complicated medical case is extensive and costly. In order to retain their attorney and begin the process of bringing Naomi home, the Burns had to drain their savings and cash out both of their retirement accounts. Of course they did not give this a second thought. No parent would. As the weeks went on the Burns, as well as their family and friends, realized how incredibly costly the fight would actually be. All of the Burns’ money (above and beyond their bare bones, essential living expenses) and their families’ money went toward their case (and still does).
Soon friends, church members and extended family began to ask how they could donate money to the Burns’ case and The Josh Burns Benevolence Fund was established. In order to manage donations responsibly and ethically, it was decided the fund should be set up and administered by two people who were not part of the Burns family and that Josh and Brenda would not be able to access the funds directly. This would help assure donors that the funds were being used for their intended purpose.
Donations are used primarily to pay for Josh and Brenda’s legal fees and costs. Along with attorney fees, a large amount of donations have been used for expert witness costs. Many of the doctors who worked with the defense spent 30 to 40 plus hours just reviewing Naomi’s extensive medical records and researching her condition. Studying this case and testifying in court also took time away from their own practices. Over the past year, Josh has lost a substantial amount of wages, so on a few occasions money from the fund has gone toward paying for an essential living cost for the Burns such as rent. Donations also go toward slowly paying down Brenda’s court fees assessed by Judge Cavanaugh. These court fees include the fees for Brenda’s court appointed attorney and Naomi’s court appointed Ad Litem.
The Burns are incredibly thankful and humbled by the amount of money family, friends and even strangers have donated to their case. The task ahead is daunting as they still have substantial attorney fees to pay down and will be incurring extensive fees as they move forward with appeals. If you feel led to financially partner with the Burns in the fight for their family and for justice you can donate here. If you would like to donate but you have questions about how your donation will be used, that is understandable and we welcome you to fill out the contact form here. Your message will be forwarded to one of the Benevolence Fund administrators who will contact you and discuss any questions you may have.
Sentencing Hearing: March 19
Josh’s sentencing hearing is scheduled for Thursday, March 19 at the district court in Howell, MI. At this hearing the judge will determine how long Josh will be imprisoned. The period of incarceration could range anywhere from 1-10 years. Josh may serve his sentence in the Livingston County Jail or he could be transported to a prison many hours away from his family and friends.
Josh’s friends, family and supporters will be gathering on the 19th to support Josh as he goes before the judge and begins his incarceration. We will say goodbye to Josh and support Brenda as this family is torn further apart. This will be an emotional day as we witness a wider wedge being driven between Josh and his family by the court system.
A goodbye luncheon will be held prior to the hearing. If you are interested in supporting the Burns family by attending this luncheon and the sentencing hearing please e-mail: info@tornfamily.com. All friends, family and supporters are welcome. Look for further details as sentencing day approaches.