Anthony Burtch, accused in 1985 killing, pleads to lesser charge, then withdraws plea

IOWA CITY - A more than 30-year-old murder case took a bizarre turn last week as the man accused in the 1985 killing of Lance DeWoody accepted a plea one day, only to withdraw his plea the next day.

In a written Alford plea, Anthony Burtch, 57, on Thursday, pleaded guilty to carrying weapons, an aggravated misdemeanor. The plea stipulates that Assistant Johnson County Attorney Jude Pannell would recommend a six-month jail sentence with credit for six months served and a dismissal of the first-degree murder charge Burtch faces in the Aug. 12, 1985, death of DeWoody, 22.

An Alford plea is when a defendant doesn't admit guilt but acknowledges the prosecution could likely prove the charges.

Pannell amended the trial information on Wednesday to include the weapons charge, which accuses Burtch of going armed with a loaded firearm on Aug. 13, 1985, and carries a penalty of two years in jail and a fine.

After signing the plea agreement on Thursday, Burtch withdrew the plea on Friday. No explanation of the withdrawal is included in court documents.

Neither Pannell nor Clemens Erdahl, Burtch's attorney, could immediately be reached for comment on Monday.

In the plea agreement, Burtch acknowledges that Erdahl advised him of his right to claim the statute of limitations for an aggravated misdemeanor is three years and the offense occurred in 1985. Burtch states in the plea that he voluntarily waives any statute of limitations defense because he wants to take advantage of the plea, which includes the prosecution dropping the first-degree murder charge.

Last year, 6th Judicial District Judge Paul Miller released Burtch from jail pending trial with GPS monitoring and other conditions when he learned new testing on DNA evidence found at the crime scene didn't implicate Burtch, as the prosecution had believed it would based on technological advances that were not available back in 1985. 

Miller in his order last September said the DNA found at the picnic shelter on the north side of the University of Iowa's Oakdale campus, where DeWoody was fatally shot, didn't match Burtch 'but rather excludes him as a contributor to the DNA profile” found.

Authorities said Burtch killed DeWoody because he had been in a relationship with Burtch's then-wife. DeWoody and Burtch's now ex-wife were together the night of Aug. 12, 1985, and then she returned to her husband. Shortly thereafter, Burtch left for about 90 minutes. Authorities believe Burtch fatally shot DeWoody during this time.

DeWoody's body was found at the picnic shelter on Aug. 13, court records show. He had been shot in the head and face.

Burtch initially told investigators that he and DeWoody had been harassed by a trio of men in the months leading up to DeWoody's death but an investigation revealed those men didn't exist.

After subsequent reviews of the case over time didn't result in an arrest, authorities took another look at the case in 2013. In January of last year, an Iowa Division of Criminal Investigation agent met with Burtch and he denied his earlier story about being harassed by the men, and authorities obtained a DNA sample through a court order.

Burtch, who previously pleaded not guilty, allegedly said afterward that he would be 'buried by the sciences of this thing.”

Miller in the release order last September said it appeared that the prosecution was relying on the same evidence it felt was insufficient 30 years ago to charge Burtch at the time. He added that the prosecution told the court it was investigating other leads but he was going to release Burtch with conditions, since Burtch had been in jail on the murder charge since March 24, 2016.