Published: November 18, 2009 12:37 am      

COURTS: Alleged rapist Burton in court

Prosecutors called several witnesses in the opening day of the rape and assault trial against Daryl L. Burton, who is accused of sex crimes in North Tonawanda and Lockport.

He is accused of four counts of second-degree assault, three counts of third-degree rape and third-degree criminal sale of a controlled substance in Lockport. Burton, 40, is also charged with first-degree sexual abuse and second-degree attempted assault in North Tonawanda in February 2009.

During her opening argument, assistant district attorney Susan B. Bjornholm, the lead prosecutor, painted a picture of Burton that indicated he planned to make a North Tonawanda woman and one of his 17-year-old relatives his “perfect wives.”

The offenses allegedly occurred in October 2008 and February 2009.

Countering that Bjornholm’s statements were an indictment rather than evidence, defense attorney David E. Blackley suggested that jurors should disregard all of the prosecution‘s opening statements.

With Niagara County Judge Matthew Murphy III presiding, the prosecution called several witnesses to the stand to testify. Among them were Lockport police officer Julie Rohde, Detective Travis Mapes, Lt. Detective Scott D. Seekins and Capt. Richard Podgers.

Testimony from police indicated that officers were dispatched Oct. 15, 2008 to Burton’s Lockport apartment, after the 17-year-old victim walked into the police station to file a sexual assault complaint.

Police interviewed the victim, who said she had been held at the suspect’s residence “against her will” for nine days. During this time, the victim reportedly told police that she had been raped and beaten several times.

The victim was brought to Eastern Niagara Hospital-Lockport for treatment that same day, Rohde said. A general exam was performed at the hospital but a sexual assault exam could not be administered. Police testified that sexual assault exams can only be given within 96 hours of an alleged incident, and the most recent assault occurred beyond that time frame.

Rohde said she took a statement from the victim and documented photographs of the victim’s severely bruised body. Sixteen photographs taken by Rohde showed marks on the 17-year-old victim’s face, arms and legs, allegedly from the suspect beating her with a belt and a bamboo stick.

Blackley cross-examined Rohde, questioning the timeline of events, but due to the length of time since the crimes, Rohde said she couldn’t remember specifics.

Detectives obtained a search warrant on Oct. 16 from Lockport City Court to search Burton’s residence. There, Seekins said they found several prescription medications, a belt with a metal clasp and broken bamboo sticks in the suspect’s living room that may have been used to strike the victim.

Bjornholm alleges Burton gave the victims prescription medication, including several muscle relaxers, and taught the victims his new version of the gospel, calling himself the “second son of God.”

“He would test her on numerous information of his version of the Bible,” Bjornholm said, and if the victim got it wrong, he’d beat her again.

Burton would deprive his victims of sleep and use them as slaves around his home, the prosecutor said. When the victims would “disobey” the defendant, he would beat them mercilessly before forcing oral sex and raping them, she said.

As the 17-year-old victim’s case was being described by the prosecution, some jurors became teary-eyed.

When the teenage victim threatened to leave Burton he would beat her with a bamboo stick, forcing her to stay, according to the prosecution. Under the influence of the pills Burton gave his victim, she eventually relented and started to believe in his religious statements, Bjornholm said.

He stated to his 17-year-old victim that he wanted to marry her, but she thought it was wrong, because they were related, Bjornholm said.

Once, Bjornholm said, the victim escaped from Burton by running nearly half a mile until she became sick, vomited and collapsed.

“Burton caught up to her, captured the victim and brought (the 17-year-old) back to his residence,” Bjornholm said.

The next morning the victim attempted to escape again.

“Burton heard her and when she tried to run again, he blocked her from leaving,” Bjornholm said.

He beat the victim with a bamboo stick and belt, breaking her skin, and he forced her to perform sexual acts, according to the prosecutor.

The teen eventually escaped by telling Burton she wanted to be with him, but needed to go back to her home in the Falls to retrieve her belongings so she can move in with him, Bjornholm said.

While the victim was home, she locked the door and told her family what had happened. Her family did not want the victim to press charges, the prosecutor said.

“They thought it was something they could work out as a family,” Bjornholm said.

Blackley declined to speak to reporters after Tuesday’s court proceedings.

The trial continues at 10 a.m. today, and the prosecution has more witness testimony planned, assistant district attorney Caroline A. Wojtaszek said.

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