Story Published:
May 26, 2004 at 1:20 PM PDT
Story Updated:
Aug 31, 2006 at 1:29 AM PDT
SEATTLE - A King County Superior Court jury on Wednesday
found Glen Sebastian Burns and Atif Rafay guilty of killing Rafay's
parents and sister in suburban Bellevue in 1994.
Following a six-month trial, each was convicted on three counts
of aggravated first-degree murder, concluding a legal odyssey that
began when they fled to Canada two days after reporting the deaths.
Because prosecutors agreed not to seek the death penalty in
exchange for their extradition from Canada, Burns and Rafay, both
28, face life in prison without parole - the only other possible
sentence in Washington for an aggravated murder conviction.
As the verdict was read, Burns, who once described himself as one of the smartest human beings alive, shook his head from side to side in disbelief. Atif Rafay held one hand to his head as he listened to the three guilty verdicts against him.
Tariq and Sultana Rafay and their 20-year-old daughter, Basma,
were beaten to death with baseball bats on July 12, 1994, four
months after they moved from Vancouver, British Columbia, to
Bellevue.
Prosecutors said Burns wielded the aluminum bat, while both he
and Rafay planned the killings for money: The two were arrested in
Vancouver in August 1995, the same month that the family estate,
valued at about $300,000, was turned over to Rafay, who had just
completed his first year at Cornell University.
Lawyers for Burns, who is Canadian, and Rafay insisted
throughout the trial that the two merely found the bodies when they
returned from seeing the movie "The Lion King," and that police
had wrongly focused the investigation on them to the exclusion of
other suspects.
But Royal Canadian Mounted Police planted bugs in the
defendants' home and car - tactics that would have been illegal in
the United States but legal in Canada - and agents posed as
gangsters to obtain taped confessions from the two before arresting
them.
Canadian authorities refused to send them back to Washington
state, however, as long as there was a chance they might face the
death penalty. King County Prosecutor Norm Maleng agreed in 2001
that he would not seek their execution, and the two were returned.
The case continued to take bizarre twists, with Burns being
assigned new counsel after King County Jail guards reported seeing
him having sexual relations with his lawyer, Theresa Olson, in a
jail interview room.
She lost her job with the public defense agency she worked for
and has been practicing civil law.
The Washington State Bar Association will consider sanctions
against her in a hearing this fall. Though she previously admitted
having jailhouse sexual contact with Burns, she now denies it.
Burns' new lawyer, Song Richardson, sought to bar the videotaped
confession from trial, citing the RCMP's tactics. King County
Superior Court Judge Charles Mertel allowed it, on the grounds that
if the methods were legal in Canada they were admissable under
international treaty.
During the trial, Richardson told jurors the undercover officers
posed so effectively as gangsters that they thoroughly frightened
Burns - then still in his teens - into giving a false confession.
The triple murders were the first homicide for Bellevue Detective Bob Thompson. He said he waited 10 years for this day, but after hearing the verdict, he said, "You know it's kind of sad. Three people died that day and two boys with promising futures lost it all. It's not a happy day."