The Road Ahead: Torn Family Updates Mission Statement
The Burns family is fighting a long hard battle, one they could not endure without your generous support. Their fight is not over. They are now in the midst of a lengthy appeals process represented by the Michigan Innocence Clinic in the Court of Appeals. As such, we anticipate long periods of inactivity in their case with no specific information to report.
Unfortunately, we frequently hear news of families being falsely accused of child abuse by people who work in deeply flawed legal and medical systems. In light of this, the Burns family has requested that Torn Family Trust broaden its principal focus. Torn Family will now pursue strategies to educate the public on the issues of Shaken Baby Syndrome (SBS) / Abusive Head Trauma (AHT), and lobby to end the injustices surrounding false accusations of child abuse.
We have updated our mission statement to reflect this broader focus and in the near future will re-organize our website. We have also added two new Torn Family Trustees: Ms. Hannah Eckman and Dr. Douglas Smith. Ms. Eckman is a graduate of the University of Michigan Flint with a degree in graphic design. She has been maintaining the Torn Family website. Dr. Smith is a former professor in the College of Medicine, Department of Pathology at the University of Michigan, where he was director of the Transplant Laboratory. His advice and expertise have already been invaluable to Torn Family. We look forward to working with our two new trustees.
Torn Family Trust remains committed to informing supporters and the public at large about the Burns' case and similar cases. We will also report on legislative and systemic reforms. For those who wish to continue following the Burns’ story, we will provide ongoing updates on the Torn Family Facebook page, as well as on a designated section on this website.
Thank you for your support.
Seek Justice
Our New Mission Statement:
Families are being torn apart by false allegations of Shaken Baby Syndrome (a.k.a. Abusive Head Trauma). Torn Family Trust seeks to educate the public and to lobby for legislative changes to reform the processes that are responsible for these injustices.
Opportunity to Show Support: U of M Board of Regents Meeting
What: The Board of Regents consists of elected officials who supervise and administer the massive budget for the University of Michigan including their health system where Naomi Burns received treatment. Matt Eckman and Dr. Douglas Smith will address the Board of Regents regarding issues related to the misdiagnosis of child abuse. Supporters of the Burns are encouraged to attend this event to show their support and hold prepared Torn Family signs.
When: Thursday, February 18th, 3 p.m.
Where: U of M Michigan Union Building, Anderson Room - 530 S State St, Ann Arbor, MI 48109.
Parking: In addition to limited meter street parking (bring quarters), there are nearby public parking garages.
Shirts: If you have a red “Seek Justice” shirt, please wear it on this day. We will also have some extra shirts available if you have not received one yet.
"But a Jury of 12 Convicted Him"
Can Juries Make Mistakes?
Joshua Burns was pronounced guilty of child abuse “beyond a reasonable doubt” by a jury of twelve people. How could a rational person claim he is innocent? Surely twelve jurors could not make such a big mistake. Surely Josh is guilty.
Unless something went terribly wrong in the courtroom...
An Emotional Issue
The thought of someone abusing a child is horrifying, so it is easy to see how this emotional topic could affect one's judgment. Former Chief Judge Abner Mivka of the U.S. Court of Appeals for the District of Columbia Circuit states, “I do not think you can get a fair child abuse trial before a jury anywhere in the country. I really don't . . . I don't care how sophisticated or smart the jurors are, when they hear that a child has been abused, a piece of their mind closes up, and that goes for the judge, the juror, and all of us." The desire to protect a vulnerable child makes it tempting to err on the side of caution, even at the risk of convicting an innocent person.
Complex Medical Evidence
Such a complex medical case must have been daunting for the jurors. In a recent Livingston Daily article a juror spoke out reaffirming her decision to convict Josh. She said, “the jury discussed many angles to the voluminous medical testimony about Naomi’s injuries.” The jury had to analyze copious amounts of information without the benefit of medical training. How many people are familiar with terms like “thrombocytosis” or “subdural hematoma?” Many in the legal community agree that complex medical cases can lead to convictions that have strayed far from the intricacies of the facts. An article published in the Journal of the American Medical Association attests to this problem:
[well type=""]"Physicians involved in the diagnosis and treatment of AHT, [Abusive Head Trauma, aka Shaken Baby Syndrome] as well as members of the criminal justice system and general public, should be concerned that different AHT cases with identical findings and similar circumstances have led to different verdicts. The possibility that an innocent person may go to prison or that a guilty person may go free is a troubling conundrum, but is well known in the criminal justice system. Jurors making decisions in AHT cases are required to evaluate complicated medical testimony and legal instructions. Accordingly, in some cases, there may be an unexpected outcome that is contradictory to what an objective view of the science and facts would otherwise dictate."[/well]
To complicate this, juries are often predisposed to assume a crime has taken place. In her book, Flawed Convictions: "Shaken Baby Syndrome" and the Inertia of Injustice, Deborah Tuerkheimer says “. . . jurors come to the courtroom with an expectation that a crime has been committed. The archetypal investigation and a trial center on the mystery of 'whodunit,' not whether there is in fact an 'it.'” Often a crime feels like a simpler explanation than a series of intricate medical arguments.
Suppression of Truth
In order for a jury to properly convict they need all the facts. However, Judge Miriam Cavanaugh did not allow the jury to see peer reviewed medical research that supports non-abusive explanations for Naomi's symptoms. How would this excluded research have affected the outcome?
This was not the only information excluded in the trial. The prosecution's witness, Dr. Bethany Mohr, obtained a second opinion from pediatric ophthalmologist Dr. Alex Levin. Dr. Levin is far more qualified than Mohr on the topic of pediatric ophthalmology. Regarding Naomi's high platelets Dr. Levin said, “we have no idea what this might do re retinal [sic] bleeding and could be considered to throw the retinal findings into question. We just don’t know.” In another Livingston Daily article the juror said the eye trauma “sealed the case for everybody.” How might access to Levin's email exchange have affected their decision?
Reasonable Doubt
Even if the prosecution was correct, that the only explanation for Naomi's symptoms was abuse, those symptoms do not indicate who committed the alleged abuse. Dr. Mohr herself admitted that the alleged abuse could have happened during a span of 3-8 days. During part of the time frame, Josh was not even present in the state of Michigan. Anyone who came into contact with Naomi could have been the alleged abuser. In a phone call William Vailliencourt was asked why he chose to prosecute Josh absent any forensic evidence or eye witness. He responded that Josh was the one with the story of an accident - Josh had stated Naomi had slipped from his lap. William Valliencourt theorized that abusers tend to downplay their abusive actions.
In another Livingston Daily article, a commenter with the same name as a jury member said “One or both of these parents caused the hundreds of retinal hemorrhages in this poor baby cuz [sic] they didn't come from birth trauma.” This juror apparently convicted Josh in spite of not being sure which parent caused the harm. The question before the jury was not, “Did someone abuse Naomi?” but rather, “Did Joshua Burns abuse Naomi?”
The Hope for Truth
Jury duty is not easy. It is a difficult task that requires a sacrifice of time and energy. This case with its intricate medical issues and emotional demands was no doubt especially challenging.
The jury system is intended to render just verdicts; however, juries are made up of humans and no human is infallible. We have many reasons to stand with Josh including the numerous friends and family who vouch for his character, the expert opinions of six highly regarded doctors, the support of the prestigious Innocence Clinic, his consistent testimony of what happened on the day of Naomi’s accident, two passed polygraphs tests, and multiple psychological evaluations that do not match the profile of an abuser. This is not the picture of a guilty man.
After others urged the juror in the comments section of the Livingston Daily article to consider the information that was excluded from the Jury, she left this comment: “I only hope that if Mr. Burns is truly not guilty that the truth is discovered and that this whole family finds the answers and the peace they all deserve.”
We too hope that logic and justice prevail and that peace can be restored to the Burns Family.
Click here to learn about the flawed science behind Shaken Baby Syndrome, or SBS.
Christmas Greetings from the Burns Family
Today Josh was allowed a precious family visit in Brenda and Naomi’s home – their first Christmas together as a family. They enjoyed opening gifts and sharing a meal together. Josh and Brenda would like to express their heartfelt thankfulness for the overwhelming support they have received from so many of you this past year. The Burns family wishes you God’s grace and peace this Christmas season.
SEEK JUSTICE
Today’s Hearing Results
Today, attorneys from the University of Michigan Innocence Clinic successfully argued to have Josh’s probation conditions modified. The modification clarified that Josh can have contact with minors in a supervised setting. This allows Josh to engage in ordinary activities like attending a church service where minors may be present.
Josh is grateful for the support of everyone who attended this hearing.
SEEK JUSTICE
Hearing to Modify No-Contact Order
On Thursday, December 17 at 1:30 p.m., Josh will return to court for a motion hearing to amend a probation condition related to his contact with minors. This motion seeks clarification of what constitutes contact with minors in public settings. The attorneys from the Michigan Innocence Clinic will argue this motion before Judge Miriam Cavanaugh.
The hearing will be held at the Livingston County Judicial Center, Courtroom 3. All are welcome to attend this hearing to support Josh and Brenda.
SEEK JUSTICE
Josh Released from Jail!
After 263 days of unjust incarceration, dozens of supporters greeted Josh as he exited the jail shortly after midnight on Tuesday, Dec. 8, 2015. His first order of business was to give a big hug to his wife, Brenda, followed by greetings and thanks to supporters in attendance. Today, after 613 days without being able to kiss or hug Naomi, Josh will finally have his first contact visit with his beloved daughter.
This is both a happy and a sad time for the Burns family. It is sad in that Josh must live apart from his family for an unspecified time as he participates in the family reunification therapy.
Josh continues his quest for exoneration through the appeals process, which is now in the capable hands of the Michigan Innocence Clinic from the University of Michigan Law School. This fight is not over. We cherish your continued support in the days ahead. Please continue to follow the Burns story.
SEEK JUSTICE
Tonight is Josh’s Release – Please Join Us!
After 263 days of unjust incarceration Josh will be released from the Livingston County Jail. Please join us at midnight tonight to greet Josh and show your support.
Torn Family would like those planning to attend this event to keep the following in mind:
- Josh will be excited to see everyone, but he will be tired and anxious to spend time with his number one supporter, Brenda. Josh will likely stay for only 20-30 minutes after his release.
- The jail lobby is open 24/7. Please be courteous to those coming into the lobby on jail business. This means that we need to keep our voices down, and some of us may need to step outside if it gets too crowded.
- You may wish to bring a hot beverage as the temperature will be around freezing, and we may need to stand outside for a short time.
- Feel free to wear Torn Family t-shirts to show your support.
- We request that you direct all media questions to Brenda Burns, Matt Eckman or Mark Doran.
- The address for the jail is 150 S. Highlander Way, Howell, MI 48843. You may park in the front parking lot and enter through the main doors into the lobby.
- If you have any questions, please contact Matt Eckman at (719) 822-1525.
Burns Financial Needs
Many have asked about the financial needs of the Burns family. We want to provide you with an update.
- There are many faithful donors contributing monthly to Brenda and Naomi’s daily living and health care expenses while Josh is absent. This has also helped fund Josh’s commissary account and the high priced phone calls that he has had to place from the jail. Their needs have been adequately met and they feel very blessed to have such faithful friends.
- It is uncertain as to when Josh will receive income again. His employer has placed him on personal leave. The details of his potential reemployment have not been finalized, but we are hopeful for a return to full employment soon. We will provide updates when this takes place.
- For the next couple of months Josh and Brenda will have some increased living expenses. Josh will be living separately and will have his own monthly expenses.
- Josh and Brenda have been separated for over a year – so naturally they will be scheduling some dates nights and a couple weekends away. Neither Brenda nor Josh have asked for additional support, but we want to let supporters know of their particular needs and that gifts would be graciously accepted.
- Any gifts sent to Torn Family Trust are used for legal expenses. If you wish to contribute directly to the Burns family for the above mentioned needs, please send your gifts to:
Brenda Burns
PO Box 191
Hartland MI 48353
Josh’s Release - Please Join Us!
In the early morning of Tuesday, December 8, Josh will be released from his unjust incarceration in the Livingston County Jail. We anticipate his release to be sometime between 12:15 a.m. and 1:15 a.m., depending upon how long the exit process takes. We encourage supporters interested in greeting Josh to join us at 12:15 a.m. in the lobby of the Livingston County jail. Together, we will peacefully wait for his release.
The address for the jail is 150 S. Highlander Way, Howell, MI 48843. You can park in the front parking lot and enter through the main doors into the lobby.
Questions: Call Matt Eckman at (719) 822-1525.
This is a late-night BYOC event (Bring Your Own Coffee)! Our hope is to encourage Josh with our show of support as he begins the next phase of this battle.
SEEK JUSTICE!