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Cost of Wrongful Incarceration

$503,670 (in 2015 dollars)

Contributing Factors

Burkhart Becomes a Suspect

On November 13, 2001, 22-year-old Richard Burkhart and 25-year-old Michael Staley saw two teenagers breaking into their car. When they caught up to them, one threw down his cap and tried to engage Burkhart and Staley in a fight. They refused to fight and walked away. 

Nearby—at the intersection of 12th Street and 1 Alley North in Great Falls, Montana—police were responding to the discovery of 21-year-old William Ledeau’s body in an alley. It was later revealed that his death was caused by being struck in the head four times with a blunt object. 

Burkhart and Staley approached the officers at the murder scene to report that their car had been broken into down the street. They told them about the boy taking his cap off and attempting to start a fight. The officers had found a cap next to Ledeau’s body and asked Burkhart and Staley if they recognized it. They confirmed it was the same cap that the boy who tried to fight them threw on the ground. This confirmation made Burkhart and Staley suspects in the murder because the cap belonged to Ledeau. 

Fingerprint analysis later revealed that it was not Ledeau who broke into the car. It was 16-year-olds Arlin Bird and James Hopkins. They denied involvement in Ledeau’s murder; however, police found bloody clothing and a hammer at their house, which was less than two blocks from where Ledeau’s body was found. 

The day after Ledeau’s murder, Staley’s probation officer went to his house because he had violated his probation by being out past curfew on the night of the incident. The probation officer found a note attached to his front door. It was addressed to his pregnant girlfriend, Rochelle Smith-Sterner, and it explained that he was leaving because he did not want to go to prison. 

Staley and Smith-Sterner were discovered a few days later in a motel in Helena, Montana. They were both arrested. Staley was held for violating his probation, and Smith-Sterner was charged with harboring a fugitive. 

Staley Falsely Implicates Burkhart 

Detectives interrogated Staley about Ledeau’s murder, but he assured them that he and Burkhart had nothing to do with it. They had only approached the scene to talk to the officers because their car had been broken into nearby, and the suspects were running away. 

After he failed to incriminate Burkhart, a police officer walked Smith-Sterner, who was pregnant, by the interrogation room and told him she would birth their child in prison. The intimidation tactic worked. Staley changed his story and told the detectives that Burkhart killed Ledeau with a ball-peen hammer. 

A ball-peen hammer was found near Burkhart’s car, but there were no fingerprints or blood on it. Following Staley’s admission, the prosecution told the crime lab not to test the clothes or hammer found at the Bird and Hopkins residence. 

The Trial 

Burkhart and Staley were arrested and charged with deliberate homicide on December 10, 2001. Burkhart’s trial took place in September 2002 at Cascade County District Court. In exchange for testifying against Burkhart, Staley’s charge was dropped to obstruction of justice—which he pled guilty to—and Smith-Sterner’s charge was dismissed. His testimony detailed a fake account of Burkhart chasing Ledeau down an alley and striking him in the head with a hammer. Staley also testified that he and Burkhart lied about their car being broken into. 

The defense’s case rested on the theory that Bird and Hopkins, the teenagers who broke into the car, killed Ledeau. Bird admitted that he and Ledeau liked the same girl, but he denied involvement in the murder.  

The Verdict

The jury found Burkhart guilty, and he was sentenced to life in prison without the possibility of parole until he served 30 years. Staley received 10 years for the obstruction charge, but his sentence was later reduced, making him immediately eligible for parole.

MTIP Takes the Case 

The Montana Innocence Project took Burkhart’s case in 2014. Staley told MTIP investigator, Spencer Veysey, that he falsely implicated Burkhart because he thought Burkhart was going to falsely implicate him. 

MTIP also attempted to get the clothes and hammer from Bird and Hopkins’ house tested, but the evidence had already been returned to Bird and Hopkins. 

Shortly after, they received the prosecution’s file, which entailed a previously undisclosed report from a Great Falls police detective detailing an interview with a man named Nathan Rolfs who said Hopkins told him that Bird killed Ledeau. Hopkins told Rolfs that he and Bird were breaking into cars when they saw Ledeau in the alley. Bird hid behind a dumpster with a hammer. When Ledeau walked by, he struck him in the head several times. Bird later discarded the hammer in the Pacific Ocean. On October 2, 2002, the detective attached a note to the report that said “this information will be furnished to the County Attorney’s Office.”

Armed with Staley’s recantation and the interview with Hopkins, MTIP filed a motion for a new trial. The judge found that the prosecution did not deliberately fail to furnish the interview but that the prosecutors likely were not paying careful attention to incoming police reports by October 2002 because the trial had already concluded by then. Based on this, the judge granted Burkhart a new trial. 

The State Drops the Charge

When preparing their new case, the prosecution interviewed Staley. He confirmed that he lied at the original trial. Without Staley’s lie, the prosecution was unable to prove Burkart murdered Ledeau beyond a reasonable doubt. They dropped the charges against him on December 29, 2017. Burkhart was released on September 14, 2018 after he completed a 10-year prison term for participating in a prison riot.