UPDATE 2/22/2022: See below for update on this case and the episode titled “Justice Served”. For the original coverage, listen to “Cold Case Arrest”.

Dorothea “Dot” Burke was celebrating her birthday

Saturday, June 23rd, 1984 was a day of celebration. It was Dorothea Burke’s 63rd birthday and she spent the day in the company of her large family at her niece’s wedding ceremony and reception.

When the wedding died down, Dorothea, who went by “Dot,” continued her own birthday celebration at Priscilla’s bar in Bucksport, a dive spot on Route 1 where she was a familiar face. Today Pricsilla’s is known as Glen’s Place, a well-loved family restaurant.

During this time in her life Dot wanted escape—to be surrounded by laughter and fun people. Her family told me she’d been through a painful divorce, and in the years following mended her steadfast and loving spirit by connecting with the community and her friends. Dot also loved a cold beer, especially over cards. She was known around town—a regular at the dive spots where she fit right in.

Dot didn’t drive, so she would have to get a ride to and from the bar on nights out. Her sister Pearl, whom she was very close with (and who she was living with at the time) wasn’t a fan of her sister’s drinking and social life and wouldn’t give Dot a ride, so she would usually get a ride from friends and acquaintances who she met at the bar.

Whatever her plans were for getting home that evening didn’t pan out.

She never made it home.

Murder in Stockton Springs

Three days later, on Tuesday June 26th, the family reported Dorothea missing, and two days after that (five days after she was last seen alive), on Thursday, June 28th, Dorothea’s body was discovered by construction workers around 8:45am, lying on the side of the road in the tall grass near the corner of Muskrat Farm and Meadow Road. She had been bludgeoned to death.

Her autopsy revealed that the cause of death was blunt force trauma to the head. She also had a few broken ribs that indicated a crushing of the torso area, but no obvious external damage.

Detective Rex Kelley told the press that authorities were working to pinpoint the time of death, and said it appeared as though she’d been killed sometime Saturday night or early Sunday morning, very close to the time of her initial disappearance, begging the question… how long was her body sitting in that ditch before an unlucky construction crew happened upon her?

Initial investigation efforts not fruitful

The following month, in July, police impounded a vehicle relating to Dot’s murder, a 1990 maroon Chevette, but emphasized that the owner wasn’t a suspect in the investigation. Though the police did obtain a search warrant, the car’s owner (Laura Harriman) voluntarily turned it over. Police never disclosed what—if anything— was found in the car or why it was taken in the first place.

Detective Rex Kelley also told the press that in July they’d completed over 50 interviews in the Blue Hill, Bangor, and Belfast areas and expected another 150 to be conducted in the weeks to follow.

The Republican Journal also mentioned that the assistant attorney general, Tom Goodwin, said a “good amount of physical evidence” had been collected from Dorothea’s body from the autopsy. That evidence was sent out-of-state to an FBI crime lab in DC, the University of New Hampshire, and a Toronto crime lab where they had the latest technology in laser fingerprint analysis.

Dorothea’s husband left her for another woman

In the early 1980’s, many locals in the Bucksport-Belfast area knew Dorothea Burke. For much of her life she worked at a sardine plant in Belfast and retired from there shortly before her death. She had three children— John, Ruth Anne, and Markeetta, known to the family as “Butchie”, “Tootie”, and “Skeeter”, who were all adults at the time of her death. I spoke with her niece, Anna Fields, daughter-in-law of Pearl, the sister with whom she was living, and she said that her Auntie Dot was just tickled when she received her first social security check. Unfortunately, she only lived long enough to receive one of them.

Her sister and her sister’s husband take her in

Sometime after her divorce, she moved in with her sister, Pearl, and Pearl’s husband, Ernest, in Lincolnville, relieving the financial burden of living alone. Plus she felt safer living with family.

Anna told me that Dot and her sister Pearl were close—that they loved to spend the day together in nearby coastal towns like Rockland, and go shopping at local department stores like JJ Newberry Co. and Ames, a popular chain I remember from my childhood.

She read, and watched her programs on TV. Dot played cards, and had an active social life outside of family, mixing cribbage, hearts, cold beer, and good company. She was funny. She had a magnetic personality.

Case sits… dormant… for 35 years

Anna said the family was left in the dark a lot over the years, not really having many updates about the murder investigation.

For 35 years, little to nothing was printed in the newspapers or published online about Dorothea’s case. This wasn’t a cold case, it was a dead case, or at least, so it seemed, until 2020.

2020 arrest of Kirt Damon Sr.

57-year-old Kirt Damon Sr. was arrested at his home for the murder of Dorothea Burke on the evening of Tuesday, Sept. 22, 2020.

Police said they hadn’t stopped working on this murder case, despite decades passing. This work lead investigators back to somebody who’d been in the picture the whole time, culminating in the presentation of their case to a grand jury and an indictment.

Kirt would have been 20 years old in 1984 when Dorothea, who was 63, was murdered. Several witnesses said that Kirt was at the wedding reception that night in June, and that they’d seen him with Dot at some point in the evening.

The following day, September 23rd, 2020, Kirt was arraigned in Waldo County court on a murder charge for “intentionally or knowingly causing the death of Dorothea Burke, or engaging in conduct which manifested a depraved indifference to the value of human life and which, in fact, caused the death of Dorothea Burke." Kirt pled not guilty.

Kirt held in Waldo County jail, without the opportunity for bail

Kirt was denied bail in October on the argument that he was a flight risk and a danger to the community, referencing an incident where Kirt eluded police in connection with an OUI charge from his past.

Court documents also showed that people who may have had information against Kirt had expressed concern to detectives about coming forward, fearing retaliation from the Damon family if they ultimately needed to testify in court.

Kirt Damon qualifies for public defender

I learned that Kirt Damon, Sr., who turns 58 years old in August, applied for a public defender, and his application revealed some information about his life. He lives with his 3 adult sons and his wife along with an infant child in Stockton Springs, and his only income is from government support. He reports that the last job he had was in 1989, 32 years ago, at a potato factory, when he was 26. The state found that he fit within the guidelines for a public defender and he was assigned Jeremy Pratt, a partner at the criminal litigation firm Pratt & Simmons in Camden.

The state provides discovery to the defense

Immediately following Damon’s arrest, the state provided to him all of the evidence that they were planning to use at trial, and it looks overwhelming…

2,307 pages of documents

2 flash drives

10 CD’s of data

These materials, collectively known as ‘discovery’, included expert reports, transcripts, grand jury witness testimony, police reports, forensic evidence reports, photographs, and many other types of documents. Discovery, in general, provides a roadmap to the state's case.

Forensic evidence from 1984 plays crucial role

The forensic evidence in the case is significant. The state says that they have accrued 191 separate pieces of evidence from their investigation. There are 17 Maine State Police Crime Lab reports, one Ontario Providence police report, one entomologist report, and multiple FBI reports. The physical evidence includes fibers, hairs, and DNA, among other things.

It is not obvious from the public files what the prosecution has that specifically links the murder to Damon, but judging by the defense’s objection to the legitimacy of the evidence, I assume that forensics has a key role to play in the trial.

Disputed hair, mitochondrial DNA

The defense reveals that there was a “single gray hair” located on the victim’s body at the crime scene. By 2020, that single gray hair was joined by six additional hairs, only one of which was suitable for DNA testing. And though it isn’t spelled out explicitly, I assume that one hair was tested for mitochondrial DNA and got a match to Damon, which probably puts him in a very small group of people who could have had contact with Dorothea. Damon’s lawyer argues that he had no gray hair at the time of the crime, at just 20 years old. It’s not clear to me whether it was the gray hair that was tested or one of the other six.

Evidence of sexual assault, or not?

Another bit of evidence revealed through the defense’s filings is the evidence of semen, and the strong implication of sexual assault. The defense pointed out that despite “an abundant amount” of “apparent semen”, words that I’m assuming were used in initial police reports, 1984 testing revealed ‘“no semen or prostate specific antigen”. In other words, it’s not clear that it was semen, and I don’t think it produced a DNA profile at all. Subsequent (more modern) testing of genital swabs produced a DNA profile that only matched the victim.

Maine State Crime Lab employee under scrutiny

The majority of the documents available in the court’s review file relate to an employee of the Maine State Crime Lab, referred to as “Mr. Settlemire”, and the defense’s objective of undermining the credibility of the crime lab. Settlemire started working at the crime lab in 1984, continued to work there for decades, and made some mistakes over the years. Ultimately he resigned from the lab, and though the circumstances of his resignation are not revealed, there is the implication of him having made a serious error. The judge said, while in his chambers with counsel, “the first 150-odd pages (of his personnel file) are pretty unremarkable and then we get into the material that ended up with Settlemire’s resignation.”

The defense says in one of its filings: “We believe Mr. Settlemire’s personnel records reveal a history of repeated contamination of evidence, improper access of restricted areas of the lab and untruthfulness.”

Furthermore, the defense contended that his quiet resignation was a workaround to avoid having any more disciplinary filings in their records, undermining the lab’s credibility, and perhaps even threatening their accreditation as an institution.

Crime labs are subject to extraordinary scrutiny and their employees are held to a very high standard. Any evidence of impartiality, tampering, or unprofessionalism, will be hammered home by defense attorneys in cases around the state for years if not decades.

The defense said that Settlemire is documented to have handled at least 36 pieces of evidence in this case (and likely many more), and that many of those pieces did not yield any DNA profile at all. The defense suggests that perhaps the evidence had been mishandled which then prevented the revelation of alternative suspects.

Upcoming legal deadlines

The court set some deadlines for filings in the case. By March 12th, 2021, the defense was supposed to have filed any reports from their expert witnesses, and then the prosecution had until April 16th to file any supplemental expert reports. By June 4th any motions from the defense or the prosecution regarding evidence or expert testimony are to be filed, and in August there is a hearing date set to settle any motions. The defense asked for a 30 day extension to all deadlines, and it’s not clear whether the extension was granted.

So as it stands now, we are nearing the completion of the phase of the process where the defense and the prosecution gather their experts and file their reports and motions. This is all in preparation for a trial whose date hasn’t been set yet.

What’s next?

This case seems similar to Kathleen Flynn’s 1986 murder case, and Marc Karun’s 2019 arrest. It’s pretty clear from the court document that there’s no shortage of physical evidence available. Perhaps the advancement of mitochondrial DNA testing gave investigators the tools they needed. Perhaps this is a sign there’s more arrests to come.

If convicted, Kirt Damon Sr. will probably spend the rest of his life in prison, and a lot of the questions I have about this case will probably be answered in the trial, whenever that is. One of the questions being the motive, that is seemingly unclear on the surface, but something detectives probably already know.

Cases like this are extremely important. There’s a list of 74 more victims without justice on the Maine state website, and dozens more who are unlisted. There is always hope. And there will definitely be an update where the secrets Kirt Damon Sr. has been holding onto for 36-years will be exposed, and justice will hopefully, finally be served.

Before the arrest in Janet Brochu’s case this past month, this case was the most recent arrest on the Maine State Unsolved Homicide List. And based on what I’ve learned about it, I’m very interested to see what’s next.

UPDATE, February 2022

On Tuesday, February 8th, 2022, Kirt’s defense attorney, Jeremy Pratt, announced he was taking a plea bargain, and 3 days later (Friday, February 11th), Kirt pled guilty to the lesser charge of manslaughter at the Waldo County Courthouse in Belfast.

During the hearing, some new information about the case was revealed by prosecutors Lara Nomani and Leane Zainea, who presented a summary of the evidence that they had against Kirt and a timeline of Dorothea’s last night alive.

Timeline and evidence

On Saturday, June 23rd, 1984, Dorothea got ready at her daughter, Ruth’s, house, and headed to a family wedding. During the reception, Dot was surprised by a shower of confetti and a chorus of family members singing “Happy Birthday”. She was turning 63 years old. Witnesses recalled seeing Kirt, who was only 20 at the time, drinking a Budweiser and chatting with Dot during the reception. Another witness recalled they left the reception with Dot to go on a beer run where she bought a six-pack of Michelob. And at about 9:15PM Kirt and Dorothea left the reception together in a red Chevrolet Chevette, a boxy two-door hatchback, that belonged to Kirt’s mother.

Witnesses at the first bar they went to, Captain Jack’s, remembered seeing Dot arrive in a red compact car with a stocky, younger man in a red shirt who looked like Kirt. Witnesses at second bar (Priscilla’s) said the same thing. They even picked Kirt out of a photo lineup as the man they remembered seeing with her that evening during original interviews with police, and they didn’t even know him.

At some point after leaving that second bar, Dorothea was killed. According to Kirt, they pulled over on the side of the road for her to use the bathroom, and somehow she was accidentally run over. According to the prosecution, there were “obvious and severe” lacerations to her face and skull fractures that were not consistent with being run over by the 80’s coupe. Former Chief Medical Examiner, who performed Dot’s autopsy, Margaret Greenwald, determined that Dot was killed by blunt force trauma. She believed that Dot was violently struck with something like a baseball bat or a two-by-four.

After Dot was killed, Kirt dragged her body along the ground into a grassy roadside ditch and took her black purse.

Five days later, her body was discovered by a construction crew, and they immediately notified police.

Police discovered Bright 100s cigarette butts, a paper bag with full Budweiser cans, and another bag containing a 6-pack of Michelob near her body. Bright 100s were Dorothea’s brand. On her body, police recovered some trace evidence: red textile fibers and multi-colored confetti from her hair from her earlier festivities.

She had already been reported as a missing person after she didn’t show up to her own birthday party on Sunday, and they had already been tracking her movements that fateful Saturday night.

With the witnesses from that time, they had located the car Kirt was driving, and they had recovered matching confetti and Bright 100s cigarette butts. They even found a red shirt of Kirt’s that seemed to match the red fibers that were found on her body.

But evidently they didn’t have enough to charge Kirt. What they needed was a confession.

Over the subsequent 37 years, Kirt got married and divorced. And so did a friend of his who was with him that night. Both Kirt’s and his friend’s ex-wives came forward to police and revealed what Kirt and his friend had respectively told them. Kirt’s wife said that he and his friend backed over Burke, put her body in a ditch, and did not attempt to render aid. His friend’s wife said that they knew Dot had money with her because she had just cashed her social security check, so they pulled over to let Dot use the bathroom and they backed over her.

It's not clear when the two ex-wives came forward with this information, but it was what was necessary to crest the hill of beyond a reasonable doubt. Surprisingly, DNA didn’t seem to play much of a role.

Plea hearing

At the plea hearing, the judge asked Kirt Damon, “Are you pleading guilty to this charge because you are, in fact, guilty of this crime?”

Kirt admitted he was.

Prosecutor Leane Zainea suggested a motive: “They (Kirt and his friend) took her purse and she had money in her purse.”

The other man involved with Dot’s death may have escaped justice – he died at sea in the early 90’s.

The judge sentenced Kirt to 20 years in prison with all but 12 years suspended, followed by four years of probation. This likely means he will serve—at most—12 years. Once on probation, he will be barred from contact with the people who would have served as witnesses at the trial, and he will be prohibited from the possession and use of alcohol and drugs. He will also have to submit to searches and get substance abuse treatment.

Justice served

Murder has no statute of limitations in Maine. This case lingered on for decades, but today, Dot’s story gives hope to other families of cold case victims that no matter how long the wait, justice is still possible. Though imperfect, the system—our judicial process—works.

I look at this case as a helpful reminder that these old cases can still be solved; that they are worth talking about; that they still merit police work. Though 37 years is an awful long time to wait, and many of Dot’s friend and family passed away during that era (leaving this earth without answers), there is some solace in knowing that actions have consequences, and there is hope that one day, that we can say to a killer: there might be a knock on your front door, and you might have a long wait in a small cell until your bell tolls.

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Sources For This Episode

Newspaper articles

Various articles from Bangor Daily News, the Camden Herald, and the Republican Journal, here.

Written by various authors including Christy Cross, Judy Harrison, Toni Malloux, and Walter Griffin.

Online articles

'Searsport Man Charged In Stabbing' (Bangor Daily News), 9/4/2008, by Walter Griffin

'Three More Arrested In Family Feuds' (Bangor Daily News), 9/5/2008, by Walter Griffin

'Unsolved Homicides Page' (Maine State Police), 1/1/2010, no author credited

'Waldo County Criminal Docket' (Penobscot Bay Pilot), 11/12/2017, by Erica Thoms

'Maine State Police Headquarters Facebook Post' (Facebook), 6/28/2018, by user Maine State Police

'Stockton Spring Woman's Homicide Unsolved After 35 Years' (Fox Bangor, ABC 7, WFVX), 7/9/2019, by Nit-Noi Ricker

'Erwin Damon, Sr. Obituary' (Riposta Funeral Home), http://ripostafh.com 9/5/2020, no author credited

'Stockton Springs Man Indicted For 1984 Murder Pleads Not Guilty' (NewsCenter Maine), 9/23/2020, by Gabrielle Mannino

'Stockton Springs man pleads not guilty' (Bangor Daily News), 9/23/2020, by Abigail Curtis

'Man arrested for 1984 murder' (WABI 5), 9/23/2020, no author credited

'Maine State Police Headquarters Facebook Post' (Facebook), 9/23/2020, by user Maine State Police

'Stockton Springs man says he’s not guilty' (Fox Bangor, ABC 7, WFVX), 9/23/2020, by Nit-Noi Ricker

'Man indicted for murder of Maine woman' (WMTW 8 ABC), 9/23/2020, no author credited

'Swanville Man Among Three Indicted For Trafficking Meth’ (Republican Journal), 9/24/2020, by Fran Gonzalez

'Adam Damon Obituary' (Penobscot Bay Pilot), 11/30/2020, no author credited

'Man Accused Of Killing A Woman…' (Bangor Daily News), http://bangordailynews.com 2/9/2022, by Abigail Curtis

'Waldo County man pleads guilty…' (Bangor Daily News), http://bangordailynews.com 2/11/2022, by Abigail Curtis

'38-year-old homicide investigation concludes…' (Village Soup), http://waldo.villagesoup.com 2/14/2022, by Fran Gonzalez

'Kirt Damon Sr. pleads guilty…' (WABI 5), http://wabi.tv 2/11/2022, by Owen Kingsley

'Maine man gets 12 years in prison for 1984 killing' (News Center Maine), http://newscentermaine.com 2/11/2022, by no author credited

Video sources

‘Stockton Springs Man Indicted’ (NewsCenter Maine), 9/23/2020

‘Man arrested for 1984 murder’ (WABI 5), 9/23/2020

‘Man indicted for murder of Maine woman’ (WMTW 8 ABC), 9/23/2020

'Kirt Damon Sr. pleads guilty…' (WABI 5), 2/11/2022

'Maine man gets 12 years in prison for 1984 killing' (News Center Maine), 2/11/2022

Interviews

Special thanks to Anna Fields

Photos

Photos from various newspaper articles, online articles, Google Maps, and Byron Willis

Credits

Created, researched, written, told, and edited by Kristen Seavey

Writing, and research support by Byron Willis

Research support by Delphi Borich

This episode was co-produced by AKA Studio Productions