A selection from more than forty federal and state capital and special-circumstance murder cases in which Mr. Burt has been appointed lead or learned counsel — or has served as Federal Death Penalty Resource Counsel.
Kidnapping and carjacking of one victim and the murder of two others. After four years of post-reversal litigation, the government withdrew its notice of intent to seek the death penalty.
Death penalty withdrawn
The deaths of two carjacking victims and the murder of a third victim. Four-month penalty-phase retrial ended in a split verdict.
Split penalty verdict
Child abuse and torture murder of a five-year-old victim on a military reservation. Five-month trial.
Life verdict
Arizona escapee charged with two New Mexico murders. Four-month trial.
Life verdict
Killing of a New York police detective. Successfully litigated an intellectual-disability claim to prevent the death penalty.
Death penalty barred
RICO conspiracy and murder involving the Mongols motorcycle gang. Pretrial litigation resulted in the Attorney General not seeking the death penalty.
Death penalty not sought
Multiple murder arson case. Client found intellectually disabled following extensive pretrial hearing.
Atkins claim sustained
RICO, murder, and conspiracy capital case involving the MS-13 gang. Mitigation presentation regarding intellectual disability resulted in the Attorney General not seeking the death penalty.
Death penalty not sought
Murder at the ADX Florence prison complex. Mitigation presentation resulted in the Attorney General not seeking the death penalty.
Death penalty not sought
RICO, murder, and conspiracy case involving the Aryan Brotherhood prison gang. Negotiated disposition for a life sentence on the eve of trial.
Life sentence negotiated
Murder case involving an armored-car heist. Client found intellectually disabled following extensive pretrial hearing.
Atkins claim sustained
RICO, multiple-murder, and conspiracy case involving an African American street gang. Negotiated disposition for a 40-year sentence on the eve of trial.
40-year disposition
RICO, multiple-murder, and conspiracy case. Mitigation presentation resulted in the Attorney General not seeking the death penalty.
Death penalty not sought
RICO, murder, and conspiracy case involving a gambling organization. Mitigation presentation resulted in the Attorney General not seeking the death penalty.
Death penalty not sought
Birmingham abortion-clinic, Olympic Park, and other bombings. Negotiated life sentence.
Life sentence negotiated
RICO, conspiracy case involving an alleged Asian gang. Mitigation presentation resulted in the Attorney General not seeking the death penalty.
Death penalty not sought
Drug-conspiracy murder case. Mitigation presentation resulted in the Attorney General not seeking the death penalty.
Death penalty not sought
RICO, multiple-murder, and conspiracy case involving the Aryan Brotherhood prison gang.
RICO, multiple-murder, and conspiracy case involving the Pitch Dark Family gang. Mitigation presentation resulted in the Attorney General not seeking the death penalty.
Death penalty not sought
RICO, multiple-murder, and conspiracy case involving the Nuestra Familia prison gang. Mitigation presentation resulted in the Attorney General not seeking the death penalty.
Death penalty not sought
Drug-conspiracy, continuing criminal enterprise, and double-murder capital case settled for a forty-year term.
40-year disposition
Murder and mutiny on the high seas. Mitigation presentation resulted in the Attorney General not seeking the death penalty.
Death penalty not sought
Murder on a military reservation. Mitigation presentation resulted in the Attorney General not seeking the death penalty.
Death penalty not sought
MS-13 gang killing capital case.
Murder of a twelve-year-old and rape with a foreign object. Negotiated disposition to a life sentence.
Life sentence negotiated
Cop-killing prosecution of a Black Panther Party member. Charges dismissed after extensive pretrial litigation.
Charges dismissed
Mentally retarded client found incompetent to stand trial and then not guilty by reason of insanity.
Incompetent / NGI
Multiple murder of Yosemite tourists. Six-month capital trial on a change of venue.
Death verdict
2001 murder-for-hire case involving challenges to DNA, fingerprint, and handwriting evidence. Death-penalty allegation stricken prior to twelve-month trial.
Death penalty stricken pretrial
Extensive multi-defendant DNA admissibility hearing resulted in the first successful challenge to STR-DNA evidence in the United States. Special circumstance stricken on pretrial motion.
First successful STR-DNA challenge in the U.S.
Following extensive pretrial-motion litigation, including a complex jury-composition challenge, this robbery-murder capital case ended in a negotiated life sentence in 1997.
Life sentence negotiated
In 1993, on a leave of absence from his office, Mr. Burt participated in the first trial of this Los Angeles capital case involving two brothers accused of murdering their wealthy parents. The jury hung six-to-six on issues of guilt.
Hung jury (first trial)
Alleged serial killer facing capital charges in San Francisco after conviction of 13 murders in Los Angeles. Negotiated agreement not to pursue case until after appeal in the Los Angeles case.
Prosecution stayed pending appeal
Alleged serial killer facing murder charges in San Francisco and Orange counties. Mr. Burt represented this client beginning in 1985, including an appearance before the Supreme Court of Canada to assist Canadian counsel in the presentation of an international-law extradition defense.
Torture and multiple-murder prosecution. The jury returned a life verdict after a ten-month trial ending in 1991, in which over 50 defense penalty-phase witnesses portrayed an intellectually impaired client as the victim of extensive parental sexual and physical abuse.
Life verdict
Rape-murder prosecution of a 19-year-old defendant for sexual assault and murder of his 64-year-old adoptive grandmother. Special circumstance stricken on pretrial motion; verdict of not guilty by reason of insanity in 1988.
NGI verdict
Burglary and murder of an elderly victim. Resolved by a life-without-parole disposition mid-trial in 1987.
LWOP mid-trial
Mr. Burt represented the husband in this prosecution of a couple charged with quadruple murder. Life-without-parole verdict after a seven-month trial ending in 1986, with mitigation focused on institutional adjustment, parental neglect, and lingering doubt.
LWOP verdict
Declarations and evidentiary-hearing testimony on the standard of effective representation of counsel in capital cases.