Judge orders retrial
Burlingame conviction set aside
March 03, 2010
WORCESTER — A Worcester Superior Court judge Tuesday granted a motion to retry Roy A. Burlingame Sr., of Charlton.
Burlingame, 61, was released on his personal recognizance as he awaits a new trial, for which a date will be scheduled Monday, April 5, according to Worcester County District Attorney spokesman Timothy Connolly. His conviction has been set aside, Connolly said.
"There were some issues the appeal court looked at, errors in the way some evidence was admitted," Connolly said. "Which isn't to say the person is innocent. There were technical errors."
Burlingame had been serving a six- to eight-year sentence at North Central Correctional Institution at Gardner.
A jury convicted Burlingame in 2008 on one count of statutory rape against his niece, Jo Ellen, 24, when she was much younger. He was acquitted on a separate count of the same charge. Jo Ellen is the daughter of Charlton Board of Health Chairman Nelson Burlingame and his wife, Jo-Ann.
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