Attorney number one "forgot" to get the transcripts of the 911 tapes, and claimed they were erased. (Boston does not erase these tapes for months). He attempted to have Doug sign a paper claiming that the incident happened at the Museum of Science, instead of near Mass. General Hospital.

Doug hired lawyer number two. This second attorney said he would subpoena the records, but never did. He claimed they weren't important, and were not going to be necessary.

This attorney found out that Bruce had an extensive arrest record.(Doug had no record and in fact had served on a federal grand jury for over 2 years.) At The probable cause hearing, imagine Doug's surprise to see this huge man doubled over and being held up by other people as if he had a severe injury. At the suggestion of the DA's office, Judge Peter Agnes dismissed the charges against Bruce. Doug was charged with assault and battery (he had allegedly touched Bruce with one finger while waiting for the police) and assault and battery with a dangerous weapon (a licensed firearm).

Doug's first jury trial took a year of continuance, so it was April 1995 before he finally got to have his day in court. Only one witness was found. That was a mentally handicapped street person who changed his testimony because he was afraid of the police.

The District Attorney falsely claimed that Doug had been arrested so many times they couldn't count them and that Doug worked for a computer company. A jury of 6 found him innocent of the charge of assault and battery on a unaminous vote. Five of the six people felt Doug was also innocent of the second charge (one woman didn't vote, as she did not believe in private firearms ownership). A mistrial was declared.

Within a month or two, attorney number two began acting strangely. One day he said, "We've got to go to the courthouse to file some papers, and we might be met with a second trial." Doug and the attorney went to the courthouse, and as they were sitting there, the attorney claimed,"Looks like we aren't met with a second jury after all because no one showed up!" Of course the second jury trial did happen. At the second trial, one of the "witnesses" was a Boston police officer who was not even present the day of the attack. He said he was a friend of Bruce's family and had been asked to escort him to the courthouse for fear of Mr. Burns, who belonged to the NRA.

This time Doug was found guilty , and groans filled the courtroom from folks who had been watching. Doug was told to come back in two hours for sentencing. His attorney said, " I've got bigger and better fish to fry" and prepared to leave the courtroom. Doug asked, "What about an appeal?" His attorney responded, "There is no appeal. You don't do an appeal on something like this."

Doug was given a five year sentence, which was immediately reduced to 2 years, suspended, at the Billerica house of correction, and ultimately given just one year probation. The district attorney viciously stated, "We want none of Mr. Burn's friends to get hold of his firearm, and we want it melted down in seven days." The judge refused, stating, he can get a licensed person and sell it if he desires. "However," Judge Dan Kluback went on to say, "No one should have the right to own a gun. I think they all should be melted down."

As Doug walked out, two attorneys stopped him to say, "We have been watching you, and we feel you are getting a bad deal. You need a real attorney. Something is very wrong."

To Be Continued
Donations may be sent to:

Douglas Burns P.O. Box 380400 Cambridge, Ma. 02238

Linda Hamilton Defense Fund 9 Wilde Rd. Shelburne Falls, MA 01370