COURTS: Trial of alleged rapist begins

By Britney Milazzo<br><a href="mailto:britney.milazzo@lockportjournal.com">E-mail Britney</a>

A group of jurors listened to evidence Tuesday in Niagara County Court on the opening day of the rape and assault trial against Daryl L. Burton.

The defendant will be back in court at 10 a.m. today before Judge Matthew Murphy III.

Burton, 40, lived at 217 Park Ave., upper, Lockport, during the time frame of the alleged crimes he is charged with. 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 is also charged with first-degree sexual abuse and second-degree attempted assault in North Tonawanda in February 2009.

Assistant district Attorney Susan B. Bjornholm, who paired up with ADA Caroline A. Wojtaszek, opened the criminal case by saying that on Oct. 4 and 13, 2008, and Feb. 22, 2009, Burton allegedly physically and sexually abused two victims — one from North Tonawanda, and

a 17-year-old family member from Niagara Falls — planning to make them his “perfect wives.”

Defense attorney David E. Blackley told jurors to disregard all opening statements made by the prosecution, because all of the information given to them by Bjornholm was an indictment, which meant it was not evidence.

Prosecution called several witnesses to the stand to testify under oath. Among them were Lockport Police Officer Julie Rohde, Det. Travis Mapes, Lt. Det. Scott D. Seekins and Capt. Richard Podgers.

Lockport police testifying said after a walk-in complaint from the 17-year-old victim on Oct. 15, 2008, patrol was dispatched to Burton’s residence on a sexual assault complaint.

Police spoke to 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.

Patrol transported the victim to Eastern Niagara Hospital-Lockport for further treatment that same day, Rohde said.

A general exam was done, but nurses could not complete a Sexual Assault Nurse Examination for the alleged rape, because the last sexual encounter with the suspect occurred longer ago than the 96 hours required to complete the exam, according to police.

Rohde said she took a statement from the victim and documented photographs of the victim’s severely bruised body.

Sixteen photographs of the victim taken by Rohde showed marks on the 17-year-old’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 the specifics.

The case was eventually turned over to detectives, who recorded a phone call between the suspect and the victim, and received a search warrant on Oct. 16 from Lockport City Court to search Burton’s residence, according to reports.

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 said Burton would give the victims prescription medication, including several types of muscle relaxers, Tylenol with codeine and others, 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 keep his victims up for hours deprived of sleep and use them as slaves around the suspect’s home, the prosecutor said.

He would make them run with him in the morning and work all day, Bjornholm said. When the victims would “disobey” the defendant, he would beat them mercilessly with a bamboo stick or a belt with a metal clasp before allegedly forcing oral sex and raping them, she said.

The 17-year-old victim reportedly continually threatened to leave Burton, and as a result he would repeatedly 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 gave in 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.

There was one time, Bjornholm said, that the victim escaped from the suspect by running nearly a half a mile before she got so sick she vomited and collapsed.

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

The victim was so tired, Bjornholm said the teen passed out on the staircase of Burton’s home and when she woke up in the morning she planned to go upstairs to get her jacket and attempt to flee from the suspect again.

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

He beat the victim so much with a bamboo stick and belt that her skin broke and he made her perform sexual acts, according to the prosecutor.

Bjornholm continued to describe the 17-year-old’s subsequent plan for escape from the defendant: The teen later tells Burton she wants to be with him, but needs to head back to her home in the Falls to get all her stuff so she can move in with him, Bjornholm said.

While the victim is back at home, she locks the door and tells 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.

As the victim’s case is being described by the prosecution, some jurors in the courtroom teared up.

Witnesses will be lined up for the continuation of trial today for the prosecution, Wojtaszek said.

Blackley denied to speak to the US&J; after Tuesday’s court proceedings.

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