By Anita Huslin
Washington Post Staff Writer
Thursday, September 5, 2002; Page AA37
It was a death penalty case involving a murder from his old
neighborhood that turned Michael W. Burns off to criminal
law, and a stint in the legislature 15 years later that prompted
him to reconsider.
Today, the native Anne Arundel County resident is running
unopposed in the Republican primary for state's attorney and
would challenge incumbent Frank Weathersbee in the general
election.
Burns, a 1983 graduate of the University of Maryland School
of Law, has practiced civil law for 19 years, representing
plaintiffs who are suing insurance companies, drawing up
wills and contracts and doing nonprofit fundraising on the
side.
Burns has never practiced criminal law, a fact he attributes to a case
he worked on in law school
involving a defendant's appeal of his conviction and death sentence for
the execution-style slaying of a
pharmacist in Linthicum.
Burns was struck by the brutality of the murder, in which the pharmacist
was forced to walk into the
basement where he was shot to death and by the fact that it occurred about
a mile from where he grew
up.
"I was in law school doing research to try to help this guy on his appeal,
and that was part of my job as
a student," Burns recalled. "I couldn't say no, but it made me really uncomfortable,
and ultimately I
decided I'm not going to do this. I'm not going to take money to keep these
guys out of jail."
In addition to shying away from criminal defense work in his practice,
Burns said he also tries to avoid
divorce, DWI and drug cases. "I'm very uncomfortable keeping criminals
out of jail," he said.
In 1994, Burns ran for public office for the first time and won a seat
in the Maryland House of
Delegates in District 32, on the west side of Anne Arundel County. It was
his assignment to the House
Judiciary Committee that prompted him to begin considering issues of judicial
process and gave him a
platform from which to address the state's criminal code.
Burns sponsored or co-sponsored legislation on victims' rights, underage
drinking prevention and
hit-and-runs, and he studied the state's penalty provisions in drug and
gun crime cases.
In 1998, Burns lost his bid for reelection when a strong Democratic turnout
statewide allowed the party
to regain its majority in the legislature. Almost immediately, he began
eyeing the state's attorney's office.
There he saw an opportunity to fight crime in an office for some autonomy.
"I don't have to convince 11
other people on the committee on the policy, or anyone in the Senate, or
worry about whether the
governor's office might have a problem with it, or make sure that state's
attorneys around the state will
enforce it."
If elected, Burns said his two top priorities would be prosecuting drug
and gun crimes. He said he
would not plea bargain on weapons charges. Burns also said he would seek
the death penalty in all
eligible cases, with two exceptions: those in which the defendants' family
is opposed and those in which
the case is based on the uncorroborated testimony of another defendant.
"I believe it's more fair for the defendant than relying on the judgment
of the state's attorney," Burns
said. "If it's eligible, let's take it to the jury and let the jury decide."
Burns lives in Linthicum with his wife and two daughters.
© 2002 The Washington Post Company