In August 1992, 27-year-old Wifredo Cesareo was shot and killed in Queens, New York.
Burt went to trial in Queens County Supreme Court in March 1994. Saillant testified and identified him as the gunman. On March 9, 1994, Burt was convicted of second-degree murder. He was sentenced to 25-years-to-life.
After the conviction, Saillant told police she was high when she identified Burt, that she had made a mistake, and that she had since seen the real killer on the street – but she was told that it was too late.
In May 2002, another witness, Carl Drummond, identified the real gunman as Jarrett Smith. Drummond had not testified at the trial because he feared for the safety of his family. Based on this new testimony, the prosecution and defense filed a joint motion to vacate Burt’s conviction and the charges dismissed. He was released in September 2002.
Burt filed a federal civil rights lawsuit against the city of New York which was settled for $248,000. In addition, Burt was awarded $775,000 by the New York Court of Claims.
– Maurice Possley