37 years in cell for killer mom
Anderson may will be near 90 before eligible for parole
By Susanne Hilty
San Mateo Times
July 6, 2002
REDWOOD CITY -- A Minnesota obstetrician was sentenced to 37 years to
life Friday for stabbing her son to death and wounding her ex-husband
in Burlingame in a bizarre case in which the killer defended herself
in court.
Dr. Donna Marie Burns Anderson, 49, refused to tell the probation
officer her motivation for killing her son in February, and didn't
divulge any more information in court.
"We each ask and answer our own whys along the way," Anderson said in
court. "'Why' needs to remain the study of science and religion."
That answer was, seemingly, not enough to the family of the young boy
slain in his grandparent's home.
"We are changed forever," McConnell said of her family, especially her
young children who were close to Stephen. "My heart breaks for my
brother, who lost his only child. But most of all, my heart breaks for
Stephen."
The sentencing gave family members of slain 13-year-old Stephen Burns
a chance to address the court and express their sorrow, but they left
without an answer to the question of why the Minnesota obstetrician
took the life of her only child.
"I don't believe that she killed
Stephen Burns a chance to address the court and express their sorrow,
but they left without an answer to the question of why the Minnesota
obstetrician took the life of her only child.
"I don't believe that she killed Stephen in an act of mercy," said
Stephen's paternal aunt Jamile McConnell at the sentencing, referring
to Anderson's comments in court just after the killing when she stated
the stabbing was a "mercy killing" because she believed her son was
going to be enslaved in a pornography ring.
"I believe she killed him out of rage and anger."
The sentencing took nearly three hours while Anderson, who acted as
her own attorney, brought six new motions, one of which contained 15
objections to the wording of her probation report. She also wanted to
exclude references to her son's medical history and their religion,
which she said were invasions of privacy.
Anderson objected to characterizations of her crime as "heinous" and
"unnatural."
San Mateo County Superior Court Judge denied all of her requests,
except for striking a reference in the report attributed to a doctor
who evaluated her mental competency, saying she had "delusional
beliefs."
"I regret that circumstance came into my life that on February 24 I
was unable to make a better decision than to kill my son," Anderson
said, and went on to quote from the Bible.
Anderson, who described herself as "very mentally and emotionally
healthy" to her probation officer, requested a sentence of 35 years to
life for herself.
"This is a fair and just sentence for the serious crimes I committed,"
she said.
"In my mind, there is no crime more heinous than the murder of a
child," Forcum said as he pronounced her sentence. "Dr. Anderson, your
cruel, callous and premeditated acts have robbed Stephen of the gift
of life."
According to autopsy reports, Anderson stabbed her son 15 times on the
morning of Feb. 24, a day after she had abandoned her car full of
belongings at a Kansas City airport and flew out to California to see
her son, who she had just dropped off with his parental relatives the
week before. Anderson arrived at the Burns' home in Burlingame
unannounced, talked briefly with her ex-husband then went to Stephen's
room, where he was speaking on the telephone to his cousin.
Once the two were alone, Anderson took out a 7-inch knife that she had
bought that morning at a local grocery store and stabbed Stephen to
death.
Frank Burns Jr., the child's father, rushed into the room after
hearing screams and pulled Anderson off the mortally wounded boy, and
was stabbed in the leg.
According to police accounts, as she was arrested, Anderson said she
was glad she stabbed her son and that she hoped he was dead.
Anderson said little about her son, who others described as a
"beautiful," "fun-loving," "innocent" young boy with a big smile and a
peacemaker with a good sense of humor.
"Stephen's life can not be measured in dollars and cents, or years in
prison," said Anderson of her only child. "Stephen was, in soul and
spirit, priceless."
Statements were read from Stephen's neighbors in Minnesota as well as
his nanny, who, according to Anderson, had been "let go" just prior to
Stephen's move to California. The nanny wrote that Anderson was "just
a woman we want to be able to forget."
Stephen's 10-year-old cousin, Megan McConnell, also addressed the
court.
"I have always thought that murderers were ugly strangers, but they're
not. They can be someone that you know and you trust," she said.
Chief Deputy District Attorney Stephen Wagstaffe said he was happy
that the family was able to gain some closure.
"What I feel best about it is that we're done," Wagstaffe said outside
of court. "The sentence was appropriate. She will die in prison."
Anderson must serve 37 years before she is even eligible for parole at
the age of 86.
The victim's family said in court that they sought no restitution from
Anderson, but Anderson has been served with a wrongful-death suit on
behalf of Frank Burns Jr. Anderson said Friday she intends to file a
counter-suit claiming contributory negligence.
Forcum ordered that Anderson pay the restitution and an additional
$10,000 to a victim's fund.
Anderson will be transported to Valley State Prison next week,
according to Wagstaffe, who said she will then be evaluated and
permanently placed in a women's prison.
Anderson could have been sentenced to 39 years to life, but Forcum
said her willingness to take responsibility at an early stage of the
case was a factor in her sentencing.
===============================================
Excerpt from the Star Tribune: (Minnesota newspaper)
http://www.startribune.com/stories/462/3039833.html
That wait of 37 years before the possibility of parole is two years
shy of the maximum under California law and is two more years than
prosecutors recommended. They had asked that parole be considered in
35 years because Anderson had pleaded guilty quickly and took
responsibility for the crime.
snip
San Mateo Superior Court Judge Mark Forcum said that while he
respected the prosecutors' sentencing request, he imposed a stiffer
sentence because Anderson's crime was so "cruel and callous" and at no
point did she "show any remorse or respect for Stephen or the Burns
family."
At the beginning of the hearing Friday, Anderson moved to have the
sentencing delayed but was denied. It was the first in a string of
denials the judge issued to Anderson, who tried to exclude three of
the four victim impact statements. She claimed that statements from
Duffield and Stephen's former nanny, Mary Lou Staight, shouldn't be
allowed because they were not victims or family.
Anderson also tried to keep Stephen's 10-year-old cousin Megan
McConnell from speaking, saying that she wondered whether such a young
person's testimony should be heard. The judge allowed all three
statements to be read.
Innocence lost
"I've always known that murder is wrong, but now I feel it," a teary
but unwavering Megan said. "And I always thought that murderers were
ugly strangers, but they're not. They can be people you know and
trust. . . . I don't trust people like I used to."
As Anderson listened to the child's words, her eyes remained shut.
Friends and relatives of Stephen, including his paternal grandmother
who was in the home at the time of the slaying, lined a row of seats
and quietly sobbed throughout the hearing. Frank Burns didn't attend
the hearing.
Sitting quietly a row back were Anderson's brother and mother, Dorothy
Anderson. The brother, Doug Anderson of Lakeville, declined to comment
after the hearing.
snip
Hours before Friday's sentencing, Anderson smiled and pleasantly
refused to answer a reporter's questions at the San Mateo County
women's jail.
"I really don't have a statement to make, but I just really wanted to
say thank you for coming all the way out here to cover the story," she
told the Star Tribune on Thursday night. Her bright eyes and smile
flashed signs of the brilliant doctor several Minnesota acquaintances
said they knew.
snip
Stephen's uncle Norman McConnell had begun to read Duffield's
statement in court Friday but was overcome with emotion. Chief Deputy
District Attorney Steve Wagstaffe took over. He read of a woman who
struggles with many questions.
"I'll always wonder what I could have done to prevent Stephen's
death," Duffield wrote. She anonymously called Ramsey County child
protective services about Anderson the week before he was killed. "If
I had taken steps earlier, made calls earlier, would Stephen still be
alive? . . . I will never know the answers to these questions. They
will haunt me forever."
As Stephen's aunt, Jamile McConnell, sat Thursday in her mother's home
in Mountain View, Calif., she struggled to reconcile the relief that
the sentencing would soon be over with her sorrow over losing Stephen:
"The dragon has been slain, but the prince can't be saved."
Thanks for the update Patty........she does sound nuts though, doesn't she?
td
37 years is a fairly light sentence for cold blooded, premeditated murder
of a 13 year old child...
I still find this to be a puzzle. I wish someone would write a book.
JC
She's pretty much in there for life. Not many prisoners live to be 90, and if
she does, not many murderers get out on their first parole hearing. And even
if she gets both of those, she'll probably just be paroled to a nursing home
because her body will probably be a prison by then. California hardly ever
executes anyone, so she will probably be more punished being around other
inmates than protected in her own cell on death row. Child killers are
outcasts in women's prisons.
Dogs & children first.
Excerpt from the San Mateo Daily Journal July 6, 2002:
http://www.smdailyjournal.org/article.cfm?issue=07-06-02&storyID=15014
We may want to know but under California law motive is not an element.
She has the right not to answer that," said Prosecutor Steve
Wagstaffe.
Yesterday she offered no further insight into her motive although two
people suggested it was a lack of control. Stephen's former nanny of
three-and-a-half years, Mary Lou Staight, called Anderson "a woman we
all want to forget" in a written statement. Staight, according to
McConnell, also quoted Stephen as telling her, "I know my mother's not
like other mothers."
McConnell described her former sister-in-law as always being "odd,
quirky and extremely egocentric" and "always sought to blame others
for her own inadequacies."
Throwing out Anderson's early motive, McConnell implied that Anderson
was upset Stephen was moving to California and was starting to
question her control.
"I don't believe she killed him in an act of mercy but in an act of
anger, rage and selfishness," she said.
"We were fooled by her crafty deceptions for years," she said before
asking that Anderson receive a harsh penalty.
snip
The sentence is actually 25 years to life for the murder with an extra
year for the use of the knife. Forcum also sentenced her to another 11
years for the attempted murder and inflicting great bodily hard. He
said he was mandating Anderson serve the smaller sentence first in
order to "ensure the defendant spends as much time as possible in
prison."
Anderson will be transported to Valley State Prison in Chowchilla on
July 11 when officials will decide which prison she will carry out her
sentence. She asked to remain in San Mateo County Jail until a pending
wrongful death lawsuit filed by her ex-husband is complete, but Forcum
denied the request.
Although Anderson will be eligible for parole in 37 years, Wagstaffe
said he has no fears she will ever return to society.
"I cannot imagine any parole board letting her out," he said. "The
sentence is appropriate. She will die in prison."
Wagstaffe admits that Anderson's case would have been fascinating to
bring to trial but that closure for the family was more important. He
said both he and Forcum went out of their way to handle Anderson with
kid-gloves, despite her constant court outbursts and detailed
requests, to ensure she didn't rescind her plea.
"There isn't even a shred of doubt that this woman is competent, sane
and has a mental illness. But it's not such that it interfered with
the defense," Wagstaffe said.
You're too much of a special interest group for me so I don't read
many of your posts, but here's something for you if you don't already
have it. It's got everything so I'm sure you do.
http://www.law.onu.edu/faculty/streib/femdeath.htm
DEATH PENALTY FOR FEMALE OFFENDERS
JANUARY 1, 1973, THROUGH DECEMBER 31, 2001
Oh yeah -- Streib is one of my major sources.