'I will stand with Jess Burdine'

Limberios plans to be at Sandusky County Courthouse for grand jury hearings
Register
May 1, 2014

For most of their lives they never knew each other. 

But Mike Limberios has worn the shoes Jess Burdine is wearing and Limberios plans to put those shoes back on next week.

Limberios said this morning he will attend the grand jury hearings at Sandusky County Courthouse next week.

 'I will stand with Jess Burdine," Limberios said. 

Jess Burdine will be a guest at 12:30 today on "Between the Lines Live." 

Limberios said Jess Burdine is deeply discouraged, fearing DeWine won't present information to the grand jurors to seek any criminal indictments in the death of his son, Craig Burdine, at the Sandusky County Jail on Aug. 11, 2007.

"We talked about our experiences with DeWine's office," Limberios said. "He said he wasn't getting anywhwere or getting any contact back from prosecutors."

Limberios said Burdine's concerns are well-founded.

"He's going to get that 'Sorry, Dad' letter from DeWine," he said, referring to the grand jury. "He's going to get that from a show. It's a dog and pony show and I don't understand that. If there really is no intention in pursuing wrongdoing in this why even convene a grand jury?"

DeWine has refused to say whether he will seek any criminal indictments from the grand jury, which is scheduled to get underway on Tuesday. 

Going to a grand jury

His prosecutors never interviewed famed forensic pathologist Dr. Michael Baden, who reviewed the autopsy, witness statements and other evidence and determined Craig Burdine died from injuries caused by a jail guard who fractured the cartilage in his neck causing him to suffocate.

The failure to interview Baden prompted speculation that DeWine's prosecutors did not intend to present information that differs from the official story local officials told after Burdine died. They contend he died from a condition known as excited delerium, which is often used to explain deaths that occur suddenly when an individual is in police custody but is rarely used as a cause for deaths that don't involve police.   

Get Saturday's Register for more from the interview with Limberios.

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Comments

Ctwhalers

I will be there to for burdine

holysee

too=also

Babo

Is there anyway to obtain the old comments from the Sandusky Register website in 2007? As I recall some posters suggested a cover up by LE at the time and were badly abused on the website by likely anonymous LEO's.

The suppression of criticism of the Sheriff office at the time might be helpful to the Burdine family and efforts to have a federal investigation when sorry to say DeWine comes back with nothing.

meowmix

#

sash

"...fractured the cartilage in his neck causing him to suffocate." Can't we ask for an investigation without resorting to untrue and misleading statements? Dr. Baden testified explicitly that the fracture did not compromise his airway/breathing and was not the cause of death. His explanation was that it was a clue to support his theory that he must have been strangled to death. He later revised his theory to include the possibility of positional asphyxia as the cause of death, making the fracture completely irrelevant as to cause of death.

Dr. Baden is certainly a famous pathologist, but a reading of his deposition and the Courts' decisions give a clear picture why any prosecutor would be hesitant to use his testimony. He states that absolutely no one can die from excited delirium and dismisses any studies, papers or research that contradict that belief. He rejected the conclusion of the ACEP White Paper without reading the paper itself. I will go out on a limb and assume he didn't review or read any of the four pages of references used in support of the paper. For Dr. Baden's testimony to have any weight in a court room, he would need to support his position that no one can die from excited delirium. A court room, or defense attorney, is not going to accept his statement of fact unless he can back it up or make a credible argument as to why so many others are wrong. The National Association of Medical Examiners are wrong along with the ACEP and numerous medical schools(including our own Ohio State.) Rejecting the autopsy findings, without identifying a single error or mistake made, and dismissing ExDs based on personal belief rather than research or data leaves any prosecutor with very little ammunition.

I think the only chance Mr. Burdine has in either the criminal or civil courts is if he can find another pathologist to review the autopsy findings. Unfortunately, Dr. Baden's clearly stated rejection of even the possibility of ExDs leaves his entire opinion open to attack.

slightthroat212

@ sash...with all due respect...not all of what you are saying is exactly accurate. Dr Baden has years of expertise under his belt. How are you certain that he has not looked at any of the material surrounding "excited delirium"? You state you are "going out on a limb" to assume that he didn't
"review or read any of the four pages of references used in support of the paper", but you don't know that for sure, do you? Making such assumptions can be a critical error in assumption that this man does not know what he is talking about and I hope that the so called investigators haven't had your lack of "trust" in someone who has been around the block more than a few times in both an autopsy room and a court room. I have seen Dr. Baden testify in a court room and he truly can make a "monkey" out of a prosecutor or a defense attorney who thinks he can outsmart Dr. Micheal Baden when he feels the good doctor hasn't done his so called homework. If that is the case here, someone is in for a very rude shock.

sash

I may have went out on a limb, but the assumption was one of common sense. How many people do you know who actually read the footnotes in a book? Follow up on the footnotes? How many read the footnotes, when they haven't read the main body of work? Maybe you are right in that he has done his own research and rejected the possibility of ExDs after careful research, but that doesn't eliminate the problem if this were ever to make it to a criminal court. He may reject ExDs as impossible, but when that opinion is counter to what is widely accepted you will have serious problems. Did you read the Court opinions or the 200 + page deposition? I read every word and it was easy to see the direction the defense attorney was going and the Courts' opinions were completely dismissive of Dr. Baden. My comment was in response to the article and why Dewine wouldn't have called Dr. Baden. If a civil court, with a lower standard of proof, dismisses his theory then what good is it? I have always admired Dr. Baden and his work, but I don't think he helped the Burdines in this case at all. What did he do for them? Offer a theory? A theory gets you a donut and a paper to read, not a case. I don't think Mr. Burdine will ever get a case unless he can get another pathologist who can find errors in the autopsy or can argue that x,y, and z don't fit the criteria for ExDs.

my oh my

They question why even convene a Grand Jury if they have no intention of pursuing any wrongdoing however,on the flip side they wanted the AG's office to get involved and now here they are doing their jobs and now the families are all about bashing the AG's office.The witness list is secret and their testimony is all secret as well and also any questions that may be asked of witnesses by the jury..

Matt Westerhold

The AG's investigators specifically did not interview Baden prior to deciding to take it to a grand jury. That, and other comments from the office, is what prompted the speculation about DeWine's intentions.  

Darkhorse

Next time around, the voters need to vote DeWine out of office.

slightthroat212

@darkhorse....amen, man....amen. I couldn't agree with you more. this guy has GOT to go. He isn't the saint that some people think he is.

Jess Burdine

We or no one said a fractured thyroid cartlige caused Craig Burdines death but its proof of a fresh compression of his neck which blocked airflow to the lungs which the brain needs to sustain life. E. D. may be a cause of death but before a person could determine a cause of death they must first have taken a blood pressure and temperature just prior to death. That never happened. Turning blue can only be form the lack of oxygen regenerating the blood stream which sustains life. They dragged a man in shock into the jail and because he could not comply, that gives them no reason to assault him and then carry a dead man out. We are confident that the evidence will speak for itself.

sash

I am so sorry for your loss Mr. Burdine. I apologise if you thought my comment was directed toward you or your family, my comment was to the Register reporters. I understand reporters will condense information for the sake of brevity, but that should not change the meaning or accuracy of the information they are conveying.

sandtown born a...

The real evidence will be ignored or passed off as a mistake to be learned from, a famous way of relieving the corrupt/incompetent of any wrong doing. Should any charges arise from this grand jury Dewine is involved with, and all will be shocked

Ctwhalers

Well said jess. I will be there all day wensday to show my support outside court house and inside with you and mike limberios. Who ever wants to join us outside of the court house please come. Show support.