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Help Doug clear his good name.
It's a cold blustery winter day, a narrow path cut in the snow for pedestrians to walk with the remaining snow piled high on the sidewalks and you are walking from a doctor’s appointment in downtown Boston to the nearest public transportation. A rather rude and large man coming from the opposite direction in the company of another male blurts out, "Get the f#^& out of my way!" as you move aside to allow him to come through, but his shoulder purposely strikes you as he passes. You retort that "There is no call for that" and you keep walking. The large man walking with a cane he is not actually using, having made it past you, turns and with cane in hand raises it to throw it at you. The cane passes by the side of your head. Then the man charges you from behind and a fellow pedestrian warns you about the oncoming assault.
You turn to confront your attacker and as he approaches you in a menacing manner you yell out twice that you are a licensed gun owner and he should halt. He doesn't. You draw your firearm keeping it visibly at your side and order him to stop. He wisely realizes his size no longer provides the advantage he once believed he had over you.
It's a day in most places in America, you would remember it as one of relief that you weren't beaten to a pulp and pride that you stood fast in the face of oncoming danger to protect yourself. But, in Massachusetts you would remember it as the first day of your time in a man made purgatory. It would be the first day of the rest of your life toward becoming a convicted felon, unable to find work, unable to retain your rights and unable to be licensed professionally for what you were trained to do.
The year was 1994 and the large man, approximately 6’3”, two years younger than Doug and close to 300 pounds, hereafter named "Bruce", had committed common law Assault with a Deadly Weapon. This is a felony in Massachusetts where courts have considered even a "shod foot" to be a dangerous weapon. The 140 lb, 5'6" law-abiding citizen exercising his constitutional right to keep and bear arms and common law right to self-defense, was named Douglas Burns. A long time gun owner and firearms instructor active in his local gun club Doug remained with Bruce and requested that the police be summoned. There are witnesses who called the police for Doug and observed all that had taken place standing on the sidewalk.
The police came and took a man away in handcuffs that day but it wasn't just Bruce. Upon arriving, the officer disarmed Doug, took his statement, then spoke to Bruce. The witnesses were told to leave, their help wouldn't be necessary. Both Doug and Bruce were taken into custody for ADW but only one was brought to trial. The charges against Bruce were dismissed. It turns out that, despite a significant criminal record, Bruce, who was a corrections officer in the Commonwealth, claimed he was too old and weak to have committed the crime.
At Doug's first trial, Bruce was helped into the court and claimed he was of such poor health and unable to stand without the use of his cane. This was a marked difference from the day of the incident where he was very much ambulatory. Despite this, Doug was almost acquitted of all of the charges against him after 5 jurors voted to acquit, but the last of the 6 jurors, who swore to uphold her oath, stated she would not be able to acquit solely on the basis that she abhorred guns and believed no citizen should own them. She would not find him guilty either. The judge, knowing it was 5-0 with one abstention for acquittal, decided to call a mistrial instead of seating an alternate.
Later in 1995, Doug had a second trial. This time Bruce was again assisted into the court. Copies of his disability claims were passed around to all the jurors in Douglas’ second trial to read and take into the deliberation room. Doug was convicted this time and was sentenced to 5 years, reduced to 2 and then suspended. Doug signed some papers and walked out of court a man, but not free. He was now a convicted felon. There is a photo taken in 1996 of an imposing figure, standing over Attorney Johnny Cochran at a book signing. It was Bruce, healthy as an ox, shaking Cochran's hand, no cane in hand. Apparently a medical miracle happened right after the 1995 trials of Doug Burns.
This was the same disability that in 2003 led to Bruce's conviction of fraud against the state's disability fund when his lies finally caught up to him. All this time Bruce was faking it to milk the disability system of injuries sustained in an incident from April 1991, which Bruce was never involved in supported by affidavits submitted by fellow officers. But his only victim was not only the tax-payers, it was Doug Burns. Bruce committed a fraud on the district attorney's office, the courts and society in general. In the commission of that fraud, he left a wake of destruction in Doug Burns' life. The true victim in this case, Doug Burns, now being a convicted felon, has not been able to get decent employment and can't afford to open his case with a competent attorney. The public defender he was saddled with is not approaching his case in a way that will maximize his chances of success. His case has been reopened and is awaiting his attorney's action to basically get a new trial. If he chooses to remain with his public defender, Attorney #5 in this case, he risks being brought to trial yet again and with the prior track record, this is a serious concern.
We at Comm2A are looking to help Doug and are raising funds for him to hire a competent attorney, one that he trusts, to take his case and hopefully negotiate the dismissal of his case and the restoration of his rights. Please help Doug clear his name. |
