US abuse probe could be conducted in North
US Circuit Judge Ron Swanson on Tuesday agreed to send defendant John Burt, his lawyer and a prosecutor overseas at state expense to question the alleged victim, now 16.
She was 15 when allegedly molested in June at a home for troubled girls that Burt runs in Florida Burt has ties with gunmen and bombers who attacked clinics in nearby Pensacola.
The girl’s father, who lives in South Florida, sent her to Northern Ireland after Burt’s arrest. He has refused to let her return to testify at trial but has agreed she could be questioned in Belfast, said assistant state attorney Harmon Massey.
Swanson said he doubted the trip would occur, citing Burt’s prior arrests on charges that include drunken driving, trespassing and disorderly conduct. Burt, 65, spent 141 days in jail on a conviction for resisting arrest without violence after he pushed his way into an abortion clinic and broke equipment in 1986.
“I think at some point Ireland’s going to tell us Mr Burt’s not welcome there,” Judge Swanson said.
The judge ordered the trip only because defence lawyer Nicole Ferry objected to having the girl testify live by satellite television link. Ferry said she wanted to confront the teen in person.
Judge Swanson said he would revisit the television option if, as he predicted, Burt is denied entry to Northern Ireland.
Burt said after the hearing that the judge is probably right.
“They’ve had some demonstrations over there and they just don’t like us in Ireland or Britain,” Burt said of himself and other anti-abortion activists.
Burt is charged with four counts of lewd and lascivious molestation, each accusing him of improper touching, and one count of lewd and lascivious conduct for allegedly writing a note propositioning the girl.
Swanson delayed the trial from December 15 until March 22 to allow time for the trip. He also denied defence motions to dismiss the charges.
Burt said he believes he will be acquitted regardless of how the teen testifies. “The girl is a liar,” he said. “Her dad knows she’s a liar. He said it to us.”
Swanson took no immediate action on defence motions to obtain the girl’s medical and psychiatric records and to bar testimony that Burt tried to commit suicide and debated whether to flee or surrender before his arrest.
