15 January 2024
A jury this month will hear the case of a former professional football player from Northwestern Wisconsin who is accused of sexually abusing a young child.
The trial for Thomas Allen Burke, 47, of Rice Lake, Wisconsin, is set to begin Jan. 23 at the St. Louis County Courthouse in Duluth.
Burke, a Poplar native who enjoyed success at the University of Wisconsin and went on to a short career in the NFL, could face significant prison time if found guilty. He has pleaded not guilty and denied the allegations.
A criminal complaint alleges that the 7-year-old victim told her mother, and later authorities, that she was molested by Burke on numerous occasions in St. Louis County.
The incidents allegedly occurred in 2020 and were first reported to police in February 2021, when the girl disclosed to her mother “something that’s been a secret.” The child, who was known to Burke, underwent a forensic interview at First Witness Child Advocacy Center the following day.
Thomas Allen Burke
Authorities said the girl teared up and was initially reluctant to provide information before eventually going on to give details of the alleged assaults. The complaint states that she described as many as five incidents involving touching of her genital area.
Burke, when interviewed, denied any sexual acts toward the victim and explained that he thought he was being “railroaded,” the complaint states.
Burke was arrested and charged in June 2021 with first-degree criminal sexual conduct. A second-degree count was added in an amended complaint filed this month by Deputy St. Louis County Attorney Jon Holets.
Defense attorney Chris Stocke previously sought dismissal of the case, claiming the alleged victim is not competent to testify in the case. Holets disputed that argument and said the law presumes even young children to be capable of truthfully testifying in a courtroom.
Judge Eric Hylden denied the motion to dismiss the case, but said he could reconsider the issue at trial when the girl takes the witness stand. The matter was not raised by attorneys or the judge at a pretrial hearing Wednesday.
Stocke, while careful not to disclose his entire defense strategy, suggested he would seek to prove that the child and her mother “were motivated to falsely accuse Mr. Burke of crimes.”
A pool of about 60 potential jurors is expected to be summoned to the courthouse on Thursday to fill out questionnaires ahead of the trial. That process will help attorneys identify candidates who need additional questioning before the panel is narrowed down to 12 jurors and any alternates.
Burke has remained free since posting a $100,000 bond. But he could face a lengthy prison term if convicted, as state guidelines recommend 12 years for a first-time offender accused of the top count.
A former defensive end, Burke was a standout at Northwestern High School before going on to Wisconsin, where he set a Big Ten record for sacks in 1998 and helped lead the Badgers to a Rose Bowl victory. Burke was picked in the third round of the 1999 NFL Draft and spent four seasons with the Arizona Cardinals before injuries helped end his career.
He was enshrined in the University of Wisconsin Athletic Hall of Fame in 2020.
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