No Criminal Conduct Occurred

I'm releasing this blog a day early (from my every other day schedule) because interest seems to be there to hear about this subject.
Here is the reason I said in yesterday's blog that the October 26, 2009 event at the home of the Burns family appears to have no connection to the investigation of the murder of Stacey Burns.
I have been told that I will be receiving dispatch logs regarding the 146 North Main Street call on October 26, 2009. However, "there are no officer, incident or investigative reports as the responding personnel determined that no criminal conduct had occurred on that date."
Could it be stated much clearer than that? Does anyone out there have a different viewpoint? I have made some inquiries but until I hear from someone with specific knowledge that something different happened that day, I have no choice but to take the word of the authorities who dealt with the situation. Apparently, my idea to use this as backstory in the book is not going to happen.
In addition, archival records for telephone calls, radio transmissions or transcriptions do not go back that far so they are also unavailable.
Duker  

October 26, 2009- Incident explained

Well, my blog readers, you have no doubt heard the expression, "according to informed sources."
These informed sources are usually at the center of a story and are privy to information that others are not. Now, according my best informed sources, the alleged incident at the home of Stacey Burns on October 26, 2009 has no bearing at all on the murder case of Stacey Burns.
Here is a portion of my explanation to authorities after I asked for information on this incident. "I am trying very hard to gather factual information for background material for my book rather than simply information supplied by individuals . . ." It may be added that similar to my discussion of what constitutes the truth being different for different people, some people may be more credible than others. This is not to say that people do not tell the truth: on the contrary, I tend to think that most people are honest. The truth does not vary; only the perceptions of the truth vary.
It is truly amazing to me how difficult it is to come by truly accurate information as time goes by. It really goes back to primary versus secondary sources. Even a person who observes an event first hand and is a credible, believable witness, therefore a primary source, may become a secondary source, much less credible, three years after the fact as other variables intrude on his or her perception.
So, my opinion, for what it is worth, is to suggest that for now the October 26, 2009 event at the Burns' house on North Main Street be removed from the discussions of the murder of Stacey Burns.
If you differ, I encourage you to let me know!
Duker

Progress? Maybe but maybe not

If what I've heard so far from my requests for information on the incident of October 26, 2009 at the home of Stacey Burns is accurate, is appears that the incident is being treated as a separate and unique event, not necessarily as part of the murder investigation. Again this is how it seems but that perception on my part may be incorrect. Stayed tuned as I wait for an official response from the N.H. Attorney General's office.
If you've been following this blog, you are aware of some of the frustrations a writer encounters when dealing with the true crime genre versus the fiction genre. I can't create a plot- the murder of Stacey Burns has already done that for me. I can't develop fascinating characters- the characters in this story are already developed. I can't create a setting for the story- the time and place are already well established. I can't write revealing dialogue- what people say has to be exactly what they said.
Here is my mantra when writing this true crime book: IF IT MADE UP, IT IS FICTION! That includes plot, setting, characterization and dialogue.
It is, after all, TRUE crime.
Duker

Attorney General-Request for Info

As suggested by Chief Stuart Chase of the Wolfeboro Police Department, I submitted an official request for incident/police reports and transcripts of 911 tapes that relate to the "incident" of October 26, 2009 at the home of Stacey Burns on N. Main Street to Mr. Jeff Strelzin, prosecutor for the New Hampshire Attorney General's office. I've already been informed that no information about the actual day of the murder is available due the status of the investigation. In my quest for more "backstory" (see other blogs for explanation if needed) I thought that the reports of the incident on October 26 would provide additional insight to include in the book.
I'm interested to know why I was referred to Mr. Strelzin if this incident is unique and separate from the murder investigation. If it is part of the murder investigation, I'm sure my request will be turned down. I'll keep you informed through this blog.
As always, my offer to include other documented information in Murder in a Small Town: The Tragic Death of Stacey Burns stands if anyone out there wants to provide it.
Duker

Incident on North Main- related? unrelated?

A search of the archives of many New Hampshire newspapers would reveal that an "incident" took place on North Main Street in Wolfeboro on October 26, 2009 at the home of murder victim Stacey Burns. As mentioned in previous blogs, I requested official information about that incident from local and state authorities. My belief was that the incident was separate from the Stacey Burns murder investigation but that it would help with the background for Murder in a Small Town: The Tragic Death of Stacey Burns. Thus far, I have only heard from the local police department informing me that my request should go to Mr. Jeff Strelzin, Head of the Homicide Division, New Hampshire Attorney General's Office. I have not yet heard from the N.H. State Police.
I confess to being a little confused and it probably is just my ignorance of how these things work but perhaps someone out there can enlighten me.
If this incident is unrelated to the murder investigation, why can't the information about it be released? If there is a stronger relationship to the murder investigation other than the fact that it occurred in the same house, then I can understand the reluctance to release any information about it.
Once again, the lack of information coming from those in authority only leads to speculation, which is exactly what I am doing here- speculating. I suppose there is good reason to keep everything having to do with this case so secret but more than three years into it, one would think that making some things public might help shake loose some new information.
Again, forgive my naivete in asking for information I thought should be available- just showing ignorance again, I guess.
Duker

Losing interest?

It has been one thousand, one hundred and ninety-seven days since Stacey Burns was brutally attacked and murdered in her own home. That represents untold hours of sleepless nights, stress-filled days and crushing sadness for her family, friends and even acquaintances. Is it any wonder that recently I've heard the following sentiments expressed in different ways but basically the idea is the same?
"I want this to be over."
"I want this to have closure."
"I want this to be solved."
Even, in desperation, "I want this to go away."
My concern and one which I hope is not rooted in truth is that time is the enemy of justice. The search should not falter in the face of the reality of time and space. The energy of the "march for Stacey Burns" on May 10, 2012 needs to be always be replenished because time erodes energy, no matter how hard we try to sustain it. Certainly everyone would be relieved if the killer is found but the reality is that the urgency of three years ago has lost SOME of its momentum for SOME people.
The success of the attempt to keep the urgency alive through Murder in a Small Town: The Tragic Death of Stacey Burns depends on people talking to me so that I can tell the story accurately. For example, an entire chapter of the book is devoted to the alibis of each of the "persons of interest" but my information is based on second hand knowledge in one case in particular because the people involved will not speak with me. I repeat something I said in an earlier blog. If you want your story told, contact me and I'll be happy to include it.
I saw this quote somewhere and regret I can't come up with the original source but it is worth considering.
"The truth is rarely pure and never simple." What a great quotation but one that I believe is completely wrong. The truth is pure and it is simple. There is one person out there who knows the truth of what happened to Stacey Burns. That is the truth and it is pure and it is simple.
Duker

Commenting on a blog

I must apologize to those of you who have tried to comment on duker's blog. I did not know (until Joanne pointed it out) that you need to "join" the blog to comment. That explains why so many people have been reading it but there have been few comments! I am working on a solution but in the meantime,  if you want to comment on any of the blogs but do not want to become a "member" just send me an e-mail at dukesout@dukesouthard.com and I will repost it on the blog.
Again, apologies to those who might have been trying to say something!
Duker

Update-Freedom of Info request

I wanted to keep everyone updated on my request for information about the incident on N. Main Street on October 26, 2009.
According to the tracking information supplied by the USPS, an "attempt" to deliver was made in both cases with notices left that the certified letters sent to the Wolfeboro Chief of Police and the Commander of Troop E, N.H. State Police  had arrived. I assume that they should be in the respective person's possession by Monday at the latest. My record sending certified letters is not good. As mentioned in a previous blog, the one I sent with a simple question to John Quinones of 20/20 fame was signed for but not answered. The one I sent to Ed Burns was never picked up and was eventually returned to me unopened.
If either of these outcomes happens with these two letters, I will not be happy as I believe that common courtesy would demand a response of some sort.
Some people who have just started reading this blog may not know that it has been ongoing for over a month. If you cannot get the beginning blogs, you may have to look at "older posts."
On Monday, I will once again explain why interviews with certain people would be so helpful with presenting an accurate picture of this terrible tragedy.
Duker

Key clubs? Drugs? In Wolfeboro?

Today, just two brief items in the blog . . .
First, I have sent via certified letter a request for police reports and 911 transcripts regarding the incident at the Burns'  home on North Main Street on October 26, 2009. These, if they release them and there is no reason that I can see not to release them, will provide additional background into the characters who people this story.
Second, I must mention that I have now heard from enough sources that the questions have to be raised: Is there another side to the idyllic, quiet town of Wolfeboro? Is the "key club" myth or truth? Is there a sophisticated drug culture that exists in the town, not simply juveniles fooling around with pot but something far more serious? I do not know the answers to these questions but since they have been asked of me in connection with my book about Stacey Burns, maybe someone out there can enlighten me? I'd love to bury these troubling rumors but need some help doing so.
Anyone care to respond? Duker

Backstory- October 26, 2009

The status of the Stacey Burns murder investigation remains "ongoing" so I do not hold out much hope as I file a Public Records Act request for incident, police and criminal reports and 911 tape contents. However, in my efforts to obtain more "backstory" information, I will be requesting through the same avenue any police reports on the incident at the Burns's home on October 26, 2009.
As a writer/journalist/researcher working on a legitimate project, I would think that this information should be made available to me upon request as long as I fund any expenses involved in duplicating documents, tapes and any other pertinent information. If the information about that incident has no bearing on my narrative about the Stacey Burns case, I obviously would not use it as it would be out of place. Time will tell if this effort to obtain the information is successful.
Meanwhile, there are many other documents that I believe could be quite revealing, again as background material for my project. Unfortunately, these remain unavailable but imagine how helpful it would be to peruse personal letters, court orders, restraining orders, stalking claims, court testimony from Stacey herself, entire 20/20 interviews instead of snippets! The list could go on and on. This crime did not occur in a vacuum but I'm certain the detectives have explored all of these possible options and no doubt continue to do so in "ongoing" fashion.
Duker

Backstory- Friends of Stacey Burns

The last blog outlined briefly what the literary term "backstory" means in both fiction and nonfiction writing today. The blog also discussed how great it would be to have Ed Burns and his family provide background information for many of the already written chapters in Murder in a Small Town: The Tragic Death of Stacey Burns. Of course, it has only been two days so the fact that I haven't heard from anyone about supplying more of the backstory before Stacey was killed doesn't necessarily mean that I won't. However, I am having the feeling that I just might not hear anything so today I'm asking that any of Stacey's friends, including those who have already interviewed with me, who might want to add anything to what they may have already said. to do so.
In a book of this nature, there can never be too much information provided. The backstory drives the narrative with insights into important aspects of character, motivation and personalities of those most directly involved in the story.
Again, I would love to hear from anyone with anything they believe may add substance to the telling of this continuing tragedy.
I still await permission from several interviewees to publicize the information they have provided. When and if that happens, I'll be able to proceed with the plan to begin releasing the book a chapter at a time, even in the face of some experienced writers who think that is not a good idea.
So . . . Ed Burns and his mother and sisters and friends of Stacey's, I anxiously await anything you might have for my backstory!
Duker

Backstory-Ed Burns

Attend any writers' conference or seminar or forum or workshop or class and you are sure to hear about the literary device known as backstory. Murder on a Small Town: The Tragic Death of Stacey Burns has a substantial amount of backstory but, in the author's opinion, needs more.
Backstory is that device that expands the reader's knowledge of background information, filling in the narrative using such techniques as flashback, character recollections and even dialogue. In the case of this book, I could supply a list of those people who have already supplied much of the backstory and the reaction on the part of those reading this would likely be to question why I do not have other "backstories" from other people close to the Stacey Burns case. That is a valid question but it has a simple answer. I want to include as much backstory as I can but I can't do it if people either will not talk to me or, for those who have spoken with me, don't want me to include what they have told me.  
In the title of this blog, I mention Ed Burns, Surely, he would have some timely and pertinent information for me to include as backstory, especially if he was aware of what others have said about him. I would love to include as background the incident that occurred at the Burns' house in October of 2009, just five months after Stacey was murdered along with the police reports of that incident. Ed Burns and his family could supply their version of events already part of the book  and that would surely make for fascinating and illuminating backstory.
So, as I said on previous occasions, I may be in Arizona but Im not hiding out. I am readily available by e-mail, Facebook, phone or letter if anyone out there wants to be part of the "backstory" for this awful crime. There are still many pages to be filled as we wait for "ongoing investigation" to be completed and an arrest to be made.
Duker

ICAC (in case anyone cares!)

ICAC (In Case Anyone Cares) is the title of a short personal memoir I wrote for submission to a writing contest last year. (I did not submit it.)
Well,  ICAC, I continue to write this blog every two days or so SOLELY for the purpose of keeping the murder of Stacey Burns in the public eye and, judging from the statistics of how many people are viewing the blog, it appears that "a degree" of interest remains. I have received a number of comments from people I hold in high regard  that indicate to me that I must be showing too much frustration in the blog. Probably nothing will turn readers off faster than a whiny, complaining tone and if that has been the case here, I apologize. However, ICAC, there have been frustrations in trying to write a fair, unbiased, impartial, truthful, complete yet interesting account of the events leading up to and the investigation following the utterly horrible crime against Stacey Burns. (Wow- seven adjectives in the same sentence- shame on me!)
For today's blog (ICAC) I'll mention just one of those frustrations but it is a major one.
     Gathering critical information has been impossible so far. I can't be fair, impartial, etc. etc. without hearing from the Keane family, from Ed Burns, from Ed Burns' family, from Eric Thor (directly), from the NH State Police, from local authorities, from interviewees who would give me permission to publish their information, from friends of Stacey Burns who could help form a complete picture of who she was. Hearsay, rumor, innuendo, and opinion are all interesting and certainly have a place in the book but they cannot take the place of facts.
ICAC, future blogs will concentrate of the facts and sources I need to "flesh out" the true story of Murder in a Small Town: The Tragic Death of Stacey Burns.
Duker

"Conflicted" Evidence

Sorry this blog is about 8 hours past due on my every other day schedule!
What is "conflicted evidence?" How does this term relate to the Stacey Burns murder case?
Yesterday, I had the opportunity to chat with a prosecutor for the State of  Arizona based in Phoenix, a city in which over two thousand people pass through the court system every day. He understands why the police investigators are so close-mouthed about the Stacey Burns murder. It is NEVER good to lose a case because it may mean that a guilty person walks free. Therefore, until prosecutors are thoroughly convinced that they have a strong case, they are wary of bringing a case to court. However, it does not have to be the (I don't like to use this phrase-too old and tired- the phrase, not me) slam-dunk case that the prosecution in New Hampshire is apparently searching for with the Stacey Burns case. Sometimes, it is worth the chance of a hung jury or a mistrial to try to nail a murderer. Conflicted evidence is likely at least one of the reasons that an arrest has not yet been made in the Stacey Burns case. What this means is that evidence which needs to point toward the alleged perpetrator instead points in a different direction, thereby diluting the "beyond a reasonable doubt" possibility, a situation a sharp defense lawyer could easily expose.
Of course, we don't know if the conflicting evidence is physical, i.e. missing a murder weapon or some other direct link to the crime or if it is a lab problem like unexplained DNA samples or finger prints, etc. What we do know is that there is a definite missing link in the case but what that is may never come to light unless the case is taken to the Grand Jury based on probable cause evidence and an arrest is made through that avenue. The question is whether or not it is worth the chance to make an arrest with only an eighty to eighty five percent chance of conviction rather than wait, perhaps a long time, until the prosecution has its (here's that phrase again!) slam-dunk case.
I'd love to hear some reaction to these blogs, either here or on Facebook as Duke Southard, Author or just plain Duke Southard.
Also, look for some changes in the section of Murder in a Small Town: The Tragic Death of Stacey Burns which has been published on my website. Those changes may not take effect until later today or tomorrow morning.
Duker    

Needed: Suggestions (badly needed)

Here are several areas where I need some suggestions as to how to proceed with the Stacey Burns book:
1. What should I do about those who really seem to wish this whole thing would go away yet are present in my first, second, third etc. drafts of the book?
2. What should I do about conflicting interviews wherein people tell me one thing or another is true while others tell me that there is no way anything that was said could possibly be true?
3. What should I do about the "authorities" (which I put in quotes because it seems to me that the description as authorities is an oxymoron) who would not respond to my offer to share what I've discovered just in case it may contain something new for them? I am talking about letters, e-mails, and phone calls. Call the hot tip phone line? If what has happened to me is indicative, then forget about calling about this case.
4. What should I do about people like Ed Burns or Michael Brabant or Eric Thor or Marc Fitzpatrick or Jim Vittum or ANYONE else who may know a detail or a minor event that may mean everything to the case?
I am getting the feeling (I desperately hope I am wrong) that the blog or my writing a book or just my asking questions is not accomplishing the result for which I had hoped.
Am I kidding myself? Is trying to keep this case alive like trying to swim against a vicious rip current?
Anyone care to offer suggestions?
Duker