Tonawanda News

Local News

November 24, 2009

COURTS: Jury convicts Burton on 10 rape, assault counts

After 2 1/2 hours’ deliberation on Monday and a five-day trial, Daryl Burton was found guilty on all 10 counts of sexual and physical abuse.

Burton, 40, is due back in court Jan. 25 for sentencing, and police said he faces several years in prison.

His victims, and the plaintiffs in the case, are a then-17-year-old family member from Niagara Falls, who said she was raped and assaulted in October 2008; and a 25-year-old mother of two from North Tonawanda, who said she was physically and sexually abused by Burton, her then-boyfriend, on Feb. 22.

Assistant District Attorney Caroline A. Wojtaszek and defense attorney David E. Blackley made closing arguments Monday before the judge sent the case to the jury.

Defending Burton, Blackley highlighted what he called a “lack of credibility” of the victims’ testimony, first referring to the older of the two women.

He attempted to prove that the North Tonawanda woman lied on the stand. Blackley said that at first, the victim said she hadn’t smoked marijuana in more than a month when he cross-examined her last week. But upon a redirect by Wojtaszek, the victim cleared up her answer by admitting to smoking with the father of her children a few hours before taking the stand on Thursday, Blackley said.

Did that mean she lied the rest of the time on stand? Blackley asked.

She had motive to lie, Blackley said, arguing the woman was never given the things Burton had promised her, like “going shopping.”

Blackley attempted to set the blame on the NT victim’s ex-boyfriend and father of her two children, because he said it was clear he wanted to be with her.

Blackley also claimed there was no proof of rape, considering there was no rape test done by a Sexual Assault Nurse Examiner to either victim. The defense attorney had asked jurors to acquit his client on all charges.

“Daryl never admitted any wrongdoing at all,” Blackley said. He was referring to the tape-recorded phone call done by both the Lockport and North Tonawanda police departments. “Did Daryl Burton do this? No ... it didn’t happen that way.”

He said the only consistencies in the 17-year-old victim’s statements were her inconsistencies. He said the young woman changed her story several times.

“She outright lied to get a cell phone,” Blackley said. He was referring to the allegedly false document the victim signed stating that Burton did not harm her. In return for signing the document, the victim was allegedly promised money and a cell phone from Fred Burton, Daryl’s father. Fred Burton denied any such promises, however, when he testified Friday.

Then it was Wojtaszek’s turn.

As she recapped the abuse she said Burton inflicted on his two victims, she pointed at the defendant, looked him in the eyes and yelled “guilty” on all counts.

All evidence confirmed the victims’ story, Wojtaszek said — from the evidence police found in Burton’s residence at 217 Park Ave., Lockport, during the crimes on Oct. 3 through 14, 2008, and on Feb. 22, to the witnesses’ testimonies.

She said Burton used his “power and control” to “prey on the weak” and ultimately teach his victims their “biggest ... and most terrorizing lesson.”

In order to make the victims his perfect wives, Wojtaszek said the first necessary element was giving the victim prescription medication, which led to an altered state of mind. He then made them his “cook, masseuse, maid and sex slave.”

Burton’s victim became “physically and mentally demoralized,” Wojtaszek said. She said Burton made the 17-year-old “depressed, tired, sad and hopeless.”

They began believing Burton’s “twisted religion” that he was the “second son of God,” Wojtaszek said.

The prosecutor added that when his victims did not give Burton the attention he demanded, he would punish them. He would then finish off the punishment by forcing oral and sexual intercourse, Wojtaszek said, despite his victims screaming “no” and “stop.”

Wojtaszek’s would direct her attention toward Burton numerous times to point out his guilt and what she called shameless acts from his family to attempt to get the defendant off the charges.

Contact reporter Britney Milazzo at 439-9222, ext. 6251.

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