Dismissal Of Charges

By Robin Estrin, Associated Press, 01/20/99

BOSTON - The murder case against Edmund Burke appeared strong from the outset: A reclusive handyman whose teeth matched bite marks left on a grandmother murdered during her morning stroll in a park near his home.

Now, prosecutors are conceding they don't have enough evidence and have set Burke free six weeks after his arrest.

''It's an ethical decision,'' Norfolk District Attorney William Keating said Wednesday after announcing his office was backing away from the case against Burke.

''People's freedom should not be abridged when you do not have evidence that is mature enough or advanced enough to keep moving along in the legal process.''

The move followed two major blows to the prosecution's case.

Earlier this month, genetic tests showed that saliva taken from bite marks on Irene Kennedy's body did not match Burke's DNA.

Then last week, authorities said two hand prints taken from the victim's body also did not match the 48-year-old Burke.

Authorities had focused on Burke - a brother-in-law of one of Mrs. Kennedy's daughters - shortly after Mrs. Kennedy, of Foxboro, was found stabbed more than 29 times on Dec. 1.

A petition filed Wednesday in court, known as a ''nolle prosequi,'' legally means that the state will not prosecute the murder charge against Burke.

With a suspect still on the loose, authorities said the murder investigation remained open, and Burke could be brought back to court if new evidence arises.

Keating said no one has been excluded as a suspect in the death of the 75-year-old woman.

Defense lawyer Jeffrey Denner, however, said the move exonerated his client.

''This case has ended. The case is over,'' he said.

Although Burke could be charged again that would be extremely unlikely after the charges have effectively been dropped, said Marc Perlin, an assistant dean at Suffolk University and a specialist in court procedure.

Burke denied killing Mrs. Kennedy at a Boston news conference with his attorney Wednesday, and said he was relieved to be free from the Norfolk County Jail.

''It's the worst thing that can happen to you,'' said Burke, who wore sneakers with no laces - they had been taken from him by jail officials.

''A month in jail for something you didn't do is much worse than a month in jail,'' said Burke, who was hoping to return to his Walpole home later Wednesday.

His home, meanwhile, needed some repairs. During his time in prison, the power was shut off and the pipes burst, leaving the house without heat.

Burke was arrested Dec. 10, nine days after Mrs. Kennedy was found dead in Francis William Bird Park, where she and her husband took a daily walk.

During their morning routine, the Foxboro couple would separate for a time in the park, then meet up again later. When Mrs. Kennedy didn't return at the appointed spot, her husband, Thomas, found her bitten, beaten, mutilated and stabbed.

A police dog followed a scent to Burke's house, where he lived with his mother and more than 20 cats. Burke said a police dog named Shane was attracted by the scent of the cats.

The case was complicated by the fact that Keating inherited it from former District Attorney Jeffrey Locke, who left office earlier this month after losing the elected seat to Keating last fall.

One of Keating's first tasks was re-evaluating the high-profile killing.

Back in Walpole Wednesday, residents worried that a killer was still on the loose.

''If it's not him, who did it?'' asked Beth Cunningham, who lives down the street from Burke. ''We felt some closure when he was first taken in because of the evidence we thought they had on him.''

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