FRANKFORT, Ky. (AP) - The state Supreme Court has overturned the verdict in a three-year-old sexual abuse case, giving a Somerset
man another chance to have his day in court.
Elijah Burns was convicted of multiple counts of sexual abuse
involving three girls under the age of 12 and was sentenced to 70
years in prison. He's to get a new trial in Pulaski Circuit Court
on May 21st.
The Supreme Court reversed the judgment of the trial court in a
split decision rendered two years after Burns conviction. The
states highest court ruled Burns was prejudiced by the admission of
improper testimony from a physician who repeated what one of the
victims told her about the incident.
Burns challenged the testimony of Dr. Dana Lister, an
osteopathic physician, who shared sensitive information related to
her by an eleven-year-old victim.
(Copyright 2007 by The Associated Press. All Rights Reserved.)