Man accused in Brooksville slaying to change lawyers

BROOKSVILLE –
Judge Daniel Merritt Jr. found a conflict of interest in Byron Keith Burch’s representation from the public defender’s office Friday.

Merritt said he liked and respected everyone in the room, but he had no choice but to remove attorneys Tricia Jenkins and Kirk Campbell from the case, and appoint regional counsel for Burch.

Jenkins previously represented Robert Bernard Taylor, who is a prisoner in Marion County. The defense planned to call upon Taylor to testify during the Burch trial.

Both Judge Merritt and Prosecutor Pete Magrino said the potential death penalty case will be subject to close attention and appellate scrutiny.

“I don’t want to deal with this case 10 years from now,” Magrino said.

Merritt said the public defenders should have stayed away from the case as far as a “10-foot pole,” and said the actions were “plain stupid” and “an obvious thing to stay away from.”

Michael Graves from the public defender’s office said the fault was theirs, and suggested the conflict memo be sealed. Merritt said the public should be “entitled” to know why the court proceedings are being delayed.

Merritt said the conflict could be looked at as “inadvertent,” or “purposeful” and “ideological.”

Burch, known as “One Eye Jack,” is accused of the May 2010 murder of retired teacher Sarah Davis, 80, in her home. Davis had hired Burch to do small jobs around her house in exchange for money.

In 2010, deputies told Hernando Today that Burch killed Davis for her jewelry, which he intended to sell for drug money.

Judge Merritt said he intends to get the case “moving as swiftly as time allows.” Burch will next appear in court on Jan. 17 for a pretrial hearing and plea status.

[email protected] (352) 544-5283