Norfolk mother and daughter accused of illegal abortion, burning and burying body | Nebraska News | journalstar.com

2022-08-08 21:11:54 By : Mr. Yan LIU

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A Norfolk woman is facing five criminal charges — including three felonies — alleging she helped her teenage daughter abort, burn and bury her fetus earlier this year.

Jessica Burgess, 41, pleaded not guilty and is awaiting trial in Madison County District Court. Her then-17-year-old daughter Celeste Burgess — who is being tried as an adult — also pleaded not guilty to three charges, including a felony.

And a 22-year-old man accused of helping the two bury the fetus pleaded no contest to a misdemeanor and will be sentenced later this month.

A Norfolk police detective launched his investigation in late April, chasing a tip that Celeste Burgess had miscarried and that she and her mother had buried the body, according to a search warrant affidavit.

The detective obtained her medical records, and determined she’d been more than 23 weeks — or nearly six months — pregnant at the time, and was expected to deliver July 3.

When he interviewed them a few days later, they told him Celeste Burgess had unexpectedly given birth to her stillborn baby in the shower, in the early morning hours after midnight, court records say.

She woke her mother, and they put the baby’s body in a bag and stowed it in the back of their van, he wrote.

Later — the records don’t say when — they drove a few miles north of town and buried the body, with help from a 22-year-old man.

On April 29, they showed the detective where — on a property owned by the man’s parents. He told investigators the mother and daughter had tried to burn the body before it was buried. And when authorities exhumed it, it showed signs of what the detective called “thermal wounds.”

In early June, the two women were each charged with removing, concealing or abandoning a dead human body, a felony, and a pair of misdemeanors: concealing the death of another person; and false reporting.

But the investigation wasn’t over. A week after the two were charged, the detective served a search warrant on Facebook, to get access to their accounts.

He found messages between them suggesting Jessica Burgess had obtained abortion pills for her daughter, and gave her instructions on how to take them.

“C. Burgess talks about how she can’t wait to get the ‘thing’ out of her body and reaffirms with J. Burgess that they will burn the evidence afterward,” the detective wrote.

A month later, Madison County Attorney Joseph Smith added two more felonies to the charges against Jessica Burgess — for performing or attempting an abortion on a pregnancy at more than 20 weeks, and performing an abortion as a non-licensed doctor.

That was the first time Smith had filed those charges in his 32 years as the county’s prosecutor.

“I don’t think I’ve ever had a case like this,” he said Friday. “Usually, abortions are performed in hospitals, and doctors are involved, and it’s not the type of stuff that occurred in this case.”

The attorney representing Jessica Burgess declined to comment on the case, and her daughter’s attorney did not return a call seeking comment.

A new employee of the Adult Book and Cinema Store disappeared overnight April 18, 1974, along with 51 bondage-themed adult magazines, a calculator and $30. A cord leading to an extension from a pay phone had been cut and the shop door left unlocked.

Two and a half days later, a man went to feed cattle on a vacant farm he owned east of Hallam and found her bullet-riddled body.

Patricia Carol Webb was nude under the hay, except for a quilted jacket, one of 143 extra-large jackets distributed by a feed mill and given to customers or sold to employees. Webb, 24, had a piece of tape over her mouth.

Thirty-eight years later, her death remains one of Lincoln’s greatest murder mysteries.

“This case has been investigated, reinvestigated, reinvestigated. A lot of effort put into it,” said Lincoln Police Sgt. Larry Barksdale, who was tasked with the investigation since the early 1990s. Barksdale retired in 2012, but the case remains open.

Together, Lincoln police, the Lancaster County Sheriff’s Office, Nebraska State Patrol and FBI logged nearly 15,000 man hours during the first year alone. They even consulted clairvoyants.

Tina McMenamin, an 18-year-old UNL freshman, was stabbed and sexually assaulted in her apartment on July 25, 1995. 

Gregory Gabel, a mentally ill Lincoln man, was arrested in the homicide and has always been the prime suspect, an investigator said, even after pivotal DNA evidence failed to link him to the crime scene. Gabel has a computerlike memory for numbers and facts and a history of following women at businesses and public events, retired investigator Rich Doetker said in 2005.

McMenamin was killed in the minutes before she was due at work at Godfather's Pizza at 5:30 p.m. that night in 1995. Roommate Sarah Bognich found her friend in a pool of blood that night. 

"The apartment was ransacked. I walked past the bedroom a couple of times before noticing her on the floor. My life changed after that. I tried to go back (to college), and I couldn't ever finish."

A single hair clutched in McMenamin's hand led police to Gabel. It matched his DNA, a one-in-1,049 chance. Circumstantial evidence also linked Gabel to the apartment building. And a man matching Gabel's description was seen fleeing the crime scene, Amberwood Apartments, 4600 Briarpark Drive.

That night, Gabel was a block away at a Sonic Drive-In. He was there every Tuesday night, cleaning up in exchange for food. And Gabel had earlier convictions for third-degree sexual assault and public indecency. Police arrested him a year after the crime.

But two years later, when a different DNA test proved the hair was not Gabel's, he was released. That hair, however, didn't necessarily belong to the killer, Doetker said. The investigator also has suspicions about the validity of the second DNA test, conducted in a Pennsylvania lab.

"There were questions that came up: Was it the right hair? The same hair?" he said.

Murder charges were dropped against Gabel with the hope that additional evidence would be found to re-arrest him, Doetker said. If the case went to trial and Gabel was found innocent, Doetker added, he could not be retried if new evidence came to light.

Mary Hepburn-O'Shea, who has worked in the mental health field in Lincoln for decades and has known Gabel for many of those years, said in 2005 that the man lost two years in jail for something he didn't do.

Hepburn-O'Shea runs downtown O.U.R. Homes, the city's largest provider for developmentally disabled people that also houses people with mental illnesses. Gabel lives and works there. "He's a weird kid," she said. "He's not ever a violent kid."

Then-Assistant Police Chief Jim Peschong, speaking in 2005, added that you can't try a case on personal beliefs and supposition. Peschong said he personally believes there is a suspect in the crime, but he declined naming anyone. 

A 30-year-old Iraqi refugee with a new bride and a new home was slain in 2001 in the city where he came to begin a new life. Ali Saleh Al-Saidi's body was found in June 2001 in Salt Creek, east of the North 70th Street bridge near the Abbott Sports Complex. Then-Police Chief Tom Casady said Al-Saidi suffered "significant traumatic injuries."

Friends and family members said that Al-Saidi moved to Lincoln from Dallas a few months earlier. He had lived five years in Texas and was in a Saudi Arabian refugee camp before his arrival in the United States.

Casady called Al-Saidi a "Gulf War era" refugee and said he had recently married an 18-year-old Lincoln resident and fellow Iraqi exile.

Al-Saidi wed Azher Alghazawi on June 16. She spoke about the husband and friend she lost. "He's a good man," she said. "I love him very much." A welder by trade, Al-Saidi also loved to fix cars. He enjoyed making people laugh with funny faces.

Azher said her husband left their South 18th Street apartment to find an apartment key around 10:45 p.m. the day before his body was found. It was the last time she saw him alive. Just hours earlier, said Saleh Al-Daraji, a longtime friend of Al-Saidi's, he had helped Al-Saidi move some belongings from his old D Street apartment.

Authorities did not know whether the slaying took place near Salt Creek or whether the body was moved. Police found Al-Saidi's 1991 Chevrolet Caprice parked beside a curb at the corner of 21st and Dudley streets, then-Capt. Allen Soukup said.

In September 2001, a Lincoln couple who had been earlier interviewed by police about the slaying were arrested while trying to flee the country, authorities said.

Rabeha Kadhim Zaher  Al -Atbi and her husband, Asaad  Al -Asady, tried to board a flight to Syria from O'Hare International Airport, Lincoln Police Investigator Kathy Phillips said.  "I'm not going to label them suspects," Lincoln Police Capt. Gary Engel said. 

According to the affidavit signed by Phillips seeking the arrest of  Al -Atbi as an accessory to a felony, she lied to police during a July 5 interview about  Al - Saidi 's whereabouts on the night of his slaying and about having had an affair with him. She later admitted to police she had had an affair with  Al - Saidi , according to the affidavit.

The arrest affidavit goes on to describe how interviews with Iraqis in Lincoln have led police to believe  Al - Saidi 's death was a "crime of honor" and that  Al - Saidi  was killed for having brought shame or dishonor to his or another Iraqi family.

Gina Bos disappeared near Duggan's Pub in downtown Lincoln on Oct. 17, 2000, at the end of open mic night. She put her guitar in her trunk and then vanished.

The cold case is classified as a missing persons case, although it’s highly unlikely Bos, 40 when she disappeared, is alive. Koziol declined to detail the leads the department has chased, citing the open investigation.

Bos was a middle child in a large, close-knit family; she was waiting for a Habitat for Humanity house and had begun a new job when she vanished.

Bos’ sister, Jannel Rap, became the family’s spokeswoman early in the search. She started the Squeaky Wheel Tour, traveling the country performing and bringing attention to Gina and others who are missing in the cities she visited. She also started 411 GINA, a website with a hotline for tips about her sister’s whereabouts.

Said Koziol: “Someone knows what happened to her. Hopefully one day they will finally find it in their soul to come forward.”

Law enforcement hoped someone would remember seeing the dated minivan Ann Marie Kelley was driving when she disappeared. Neither has ever been found.  

Reach the writer at 402-473-7254 or psalter@journalstar.com.

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Peter Salter is a general assignment reporter. The University of North Dakota graduate joined the Journal Star in 1998.

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Dayton Wenz, a 2022 graduate of Omaha Central High School, was the victim.

Fireworks, ammunition and guns were accepted “with no questions asked” at two Omaha locations this weekend.

Narcotics investigators served the warrant around 7 p.m. Friday night at a house near 28th and Washington streets, where they found 193.2 grams of suspected methamphetamine, the authorities said.

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