Rochester man faces arraignment on sex charges against minor, again

Michael Dennis Burke (Rochester Police photo)

DOVER - The Rochester man whose sex assault charges against a 14-year-old Somersworth girl were just dropped earlier this month faces arraignment today on the two most serious charges once again after his reindictment by a Strafford County grand jury.

Michael Dennis Burke, 20, of 79 Maple St., Apt. #3, was formally charged once again by the grand jury on aggravated felonious sexual assault and felony sexual assault, which carry a combined maximum prison stay of 27 years.

The aggravated felonious sexual assault charge alleges a pattern of sexual assault "which he did more than one time over a period of two months or more and within a period of five years."

The felonious sexual assault charge alleges he "did knowing engage in sexual penetration with (the victim) who was not Burke's legal spouse."

The one felony sexual assault indictment from the original case that prosecutors did decide to drop was felony possession of child sex images, which became a moot point after the evidence was suppressed.

Burke also faces an April trial in Rochester District Court on a February misdemeanor domestic violence charge in connection with a separate case involving a separate victim.

On March 2 a day after a jury trial was expected to begin Judge Mark E. Howard ruled on a defense motion that cellphone video evidence had not been properly acquired and suppressed that evidence, leading to prosecutors nol prossing all but a second-degree assault against Burke in connection with the Somersworth case, in which it was alleged Burke had sex with a 14-year-old girl he had dated numerous times and took videos of sex acts he had with her.

"The (sexual assault) indictment did not properly allege the crime," Assistant County Attorney Lauren Di Giovanni said after the hearing, adding whether the state would seek new indictments was unclear at that time.

Burke also still faces a second-degree assault charge from the Somersworth case.

According to a Somersworth police affidavit, Burke assaulted the victim while at a relative's house in Somersworth when the victim confronted him about cheating on her. During the argument outside the relative's apartment, the victim said Burke, refusing to continue the conversation, at some point ordered her to move so he could return inside, which she refused. According to the affidavit, he then threw her aside causing her to hit the ground. When she got back up, she slapped him, followed by Burke throwing a violent punch at her, the document reads, a punch that the victim dodged.

"He then grabbed (the victim's) head and pushed it back up against the apartment complex. He then proceeded to strangle (her) with his hands, lifting her ... off the ground," the affidavit reads.

After his arrest in connection with February's second domestic violence incident his bail was set at $10,000. After coming up with the money, he was released pending no contact with either alleged victim and other conditions.

The Strafford County March indictments were handed down March 15. An indictment is not an indication of guilt, only that enough evidence has been gathered to warrant a trial.