Andy Close
WARREN, Pa. – Warren County District Attorney Rob Greene indicated that there is evidence that “possibly” Warren County jail personnel were negligent on the night Michael Burham escaped from the facility July 6.
“Yesterday, I began to receive reports from the City of Warren Police Department,” Greene said during a media conference at the home of Ron and Cindy Ecklund, the couple who called in the tip that led to Burham’s apprehension with assistance from their dog, Tucker. “In those reports, there was information that could possibly implicate inmates at the Warren County Jail, that could possibly, and I emphasize possibly, implicate staff members at the Warren County Jail and possibly others. The Warren County staff could be held criminally liable – we have no evidence that I have seen yet that they participated or were complicit with Mr. Burham – however, if they were criminally negligent, negligent in their duties to make make sure Burham or other inmates did not escape, they could be criminally charged.”
At this time, Burham is the only person that has been charged, according to Greene.
“He has been charged with felony escape,” Greene said. “There (was supposed to be) a preliminary hearing on July 26, but it’s been continued by defense counsel. We don’t have a certain date for that yet.”
Watch Greene’s media conference
Greene reiterated that the City of Warren Police Department is still in the early stages of its investigation.
“The City of Warren (Police Department) is early in their investigation, and it may take some time to complete,” Greene said.
The possibility exists that the investigation could take multiple weeks or even months.
“Who knows where this is going to lead,” Greene said. “I do not know what Mr. Burham said if he was interviewed Saturday night when he was caught. If he gave information, I’m sure the City of Warren (Police Department) is investigating those leads at this point. It’s going to be at least weeks, a month or more.”
Greene emphasized that he hasn’t seen anything that shows that any of the Warren County jail staff helped in the escape.
“It was mainly negligence issues, complacency issues, things of that nature. I can’t imagine, for the life of me, that any of those jail guards that might be under investigation at this point wouldn’t be straightening themselves up. I don’t see that as an issue. However, to make sure that there is not an issue, I immediately, actually the next day after this happened, (the) Friday morning after the escape, I called and talked to the Pennsylvania Department of Corrections and asked them to investigate what was going on at the jail, what happened with the escape. It’s my understanding that they started yesterday (July 17) morning, and they have a team at the Warren County Jail to make sure that this doesn’t happen again.”
At a media conference on July 12, the Warren County Commissioners, who are also members of the Warren County Jail Board, expressed their support of the jail staff.
During the July 12 media conference, Commissioner Jeff Eggleston said the Commissioners are “confident” that Jail staff is “top of the line.”
“We want to show support for them because, regardless of how the criminal investigation comes out, we feel very confident that our staff is top of the line and has been,” Eggleston said at the time. “And whether it’s the reviews from the state show that, our own evaluation shows that. The criminal investigation might show that there’s an issue with one or two of them we can’t say that for certain, but everybody else that’s involved is top of the line.”
Greene didn’t indicate if Burham had any help in acquiring the bed sheets that he used in his escape.
“Yes, it is part of the investigation, no I will not answer that question,” Greene said. “I have no comment. That’s something the attorney general will have to address.”
GREENE ASKS PA ATTORNEY GENERAL TO TAKE OVER ESCAPE CHARGES; GREENE’S OFFICE TO STILL HANDLE KIDNAPPING CHARGES
To avoid a conflict of interest, Greene said he requested via email Tuesday that Pennsylvania Attorney General Michelle Henry take over the escape charges against Burham.
Greene said his office will continue to prosecute the kidnapping charges against Burham from May when a Warren County couple was allegedly taken against their will by Burham to South Carolina as he eluded authorities from New York and Pennsylvania who were looking at him as a person of interest in the alleged murder of Kala Hodgkin. The kidnapping charge was the charge Burham was being held on when he escaped the Warren County Jail through the roof in the jail “yard” and used a rope out of the bedsheets to climb down from the roof.
“I have asked the Attorney General of Pennsylvania to assume jurisdiction and prosecution of Mr. Burham for the escape and to charge and prosecute any other individuals who may have been involved or negligent in regards to Mr. Burham’s escape,” Greene said. “This does a number of things, but No. 1 it’s going to show no impropriety. Because Warren County is a small town and being the DA and knowing most of the jail personnel, I have made that decision, and I think it would be appropriate. The attorney general, because it was this morning, has not responded to my request, but I assume they are going to take jurisdiction with these matters.”
Burham was arraigned on Monday, July 17, via video from the Erie (Pa.) County Jail with counsel present. He is being held at the Erie Jail after his recapture. Bail for the kidnapping charges, which had been set at $1 million, was revoked and bail on the escape charges was denied. Warren County Public Defender Kord Kinney is currently representing Burham.
GREENE HAS BEEN IN CONTACT WITH CHAUTAUQUA COUNTY D.A.
Greene also said he has been in contact with Chautauqua County (N.Y.) District Attorney Jason Schmidt in regard to Burham’s alleged connection to the death of Hodgkin’s along with other charges in New York state.
Burham has yet to be charged in those cases, but Greene speculated that, if Burham is charged in those cases, those charged would proceed after his kidnapping and escape charges in Pennsylvania.
“I don’t want to address the Chautauqua County case, but that’s a logical conclusion,” Greene said.
Greene said he wasn’t aware of any federal charges against Burham at this time in connection with his escape.
According to a public information release by the Pennsylvania State Police on July 16, Burham was detained by the U.S. Marshals Service on a federal warrant for Unlawful Flight to Avoid Prosecution, although Greene believes the federal detainer could be released soon.
“I’m not aware of him having to answer to any federal charges,” Greene said. “I assume, and assume with a capital, bold, underline, it’s going to be similar to the kidnapping charges when he was on the run a month and half ago in Warren County and fled to South Carolina. There was a federal detainer, and that federal detainer was released when he got back to New York state.”
