# Man awarded $400,000 for wrongful arrest



## kwflatbed (Dec 29, 2004)

By THE ASSOCIATED PRESS 

BOSTON — A Walpole man who spent more than a month in jail after he was wrongfully accused of killing a 75-year-old relative in a town park has been awarded $400,000 by a federal jury that found that his rights had been violated by the state trooper who made the arrest. 
Edmund Burke, 56, was accused of the December 1998 stabbing and beating death of his sister-in-law's mother, Irene Kennedy of Foxborough, in Bird Park in Walpole. 
"It took a long time for true justice to be achieved for Ed Burke," said his lawyer, Robert Sinsheimer. "We're grateful that 12 conscientious citizens could see the truth. ... This jury said he was wronged. No one has ever said that before formally." 
The jury in U.S. District Court found Monday that Trooper Stephen McDonald violated Burke's rights because he made the arrest despite knowing that DNA evidence excluded Burke as a suspect. 
Burke was held until a new district attorney decided authorities lacked evidence to prosecute. 
Joseph Kittredge, McDonald's lawyer argued in court that his client did not get the DNA report until after the arrest. Kittredge said he plans an appeal. 
Burke and McDonald both refused comment after the verdict. 
Martin Guy, 44, of Norwood was convicted of murder in Kennedy's death in September.


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