Perfectly Executed

Were Two Teenagers Cold-Blooded Killers?

(CBS)  Robinson also reminds the jury that there is no forensic evidence linking the boys to the crime: "The question that you're required to ask yourselves is, 'What has the state shown me to make me believe that he is guilty without having one reason to doubt it?'"

The prosecution, however, insists it's Sebastian's own words that leave no room for doubt.

For the last time, the jury is asked to envision the last moments in the Rafay family home.

Finally, it is up to the jury to make its decision. In the script of "The Great Despisers," two boys are wrongfully convicted and executed. After four days of deliberations, 10 years after the murders, the final twist in the real-life plotline: The jury finds Sebastian and Atif guilty of murder.

“I did not believe that they didn't have a reasonable doubt. I just didn't believe it," says Sebastian. "I was looking at individual jurors just to see if they, I don't know, I guess I was just looking for some kind of answer."

"I'm afraid of him. I think he's very scary," says one juror. "I looked at him a few times, and he was glaring at me personally. And anybody that'd commit a crime like that is a frightening person."

"I wonder how they sleep at night," says Sebastian's sister, Tiffany. "I wonder how they came to that decision."

On Oct. 22, 2004, five months after the verdict, Sebastian and Atif were back in court -- this time to hear their sentence from the judge. Sebastian had his own message for the court: "With all due respect to the jurors, the verdict was wrong."

In the audience were jurors who had convicted him, and the undercover operators who had sealed his fate. "I certainly feel sorry for the victims. I feel sorry for their surviving son," says Sebastian, in a speech that went on for almost two hours. "We didn't commit the crime."

Atif never took the stand during the trial. "I loved my parents. I revere their memory to this day," says Atif, who used this moment to admit he was ashamed. "The impersonation that I gave on those videotapes ... there's no relation - is alien to everything that I've ever felt or thought."

He adds: "I truly admired my father. I was probably closer to my mother than any other person than I ever will be. The memory of her wit and her charm and keen human sympathy are dear to me to this day."

"Mr. Rafay, thank you. Unlike your colleague, I find you genuinely remorseful, Mr. Rafay," says Judge Mertel to Atif. "I think the tragedy for you -- and ultimately your family, was a meeting at probably a school cafeteria or school ground - I don’t know where it occurred -- with Mr. Burns."

Judge Mertel saved his harshest words for Sebastian: "Mr. Burns, you’re not immoral. You’re amoral. You are an arrogant, convicted killer."

It's taken prosecutors a decade to sentence Atif Rafay and Sebastian Burns to serve three consecutive life terms, one for each life that was taken.

"Justice has been done for the three victims and our community has held the two individuals accountable for their conduct," says prosecutor Davidheiser: "There’s a great deal of satisfaction in being part of that. A great deal of satisfaction."

---

Burns and Rafay have filed appeals. Burns is asking the court to represent himself.

Tiffany Burns has made a documentary about the undercover operation that led to her brother's confession.

Judge Mertel ruled that Burns and Rafay can never profit from any screenplay about their crime.

[degenova1]

I wish I could have been involved with this message board Sept 2007 to say: it is obvious eyecolor2009 is a family member of Sebastian Burns. This person doth protest too much! This person is trying to convince themselves of his innocence. These 2 are guilty. It is obvious. Sebastian is evil. He glared at the jury. He has no feelings, is vacant. The link to their appeal is on eyecolor's post. They'll never get out of prison, thank goodness!

[candelitebc]

These two are much Leopold and Loeb. If I were T. Burns, I'd probably put the blinders on with regard to my brother, too. I don't understand, though, why Hurricane Carter went to bat for these guys, too. I feel justice has been served in this case, since they are not sentenced to death.

[eyecolor-2009]

Robert. Were you ever in a school play? Which one? Did it involve a murder? For that matter, did you ever see the movie Rope? If you didn''t know, it is a famous story as well as a famous Hitchcock film. What murder books have you read? What video games have you played? What have you ever written -- any fiction? Non-fiction? Considering how long you''ve lived and the many things you''ve done, with enough information I would have no problem a) concocting a murder scenario then b) creating "spooky" "uncanny" linkages between that scenario and events in your life. Ready to tell me a little about yourself?

By falling for the "Rope" trick -- at the exclusion of hard evidence -- you make my case for me.

P.S. a) Kids go to movies ALL THE TIME on nights out, so it is not at all an unlikely coincidence, and b) the prosecution forced that to be the alibi because it was convenient for their case (even though it did not at all fit the facts). As far as the facts go, the alibi was NOT the movie, but rather unassailable truth that A and S were out in public at the time forensics and witnesses (both hard evidence, mind you) timed the murders.

It is understandable but criminal that this contradiction was never worked out. It takes a little mental elbow grease to get away from what we want to believe, or what may be *** to believe, in order to be open to the logic -- as a whole -- before us.

[robertj325]

eyecolor,

How do you explain the "coincidence" of their alibi with the story of going to the movie which was the exact same excuse that Burns used in an insurance coverup years before?

And how about the "coincidence" that the family was murdered with a baseball bat, the exact same weapon that was used in the play "Rope"?

[eyecolor-2009]

Anyway, finally (for real this time) on to hard evidence (as opposed to circumstantial), there are about thirty one points that need to be reconciled, but let us start with just one. Then we can move to the next. I see you have looked at the pieces, but I think you have a responsibility to also make them FIT. My earnest belief is that is precisely the flaw here, the elephant in the room, the willingness to accept theory yet with no drive to reconcile contradiction. The logic is treated as somehow secondary. That simply is untenable. So you can fit the pieces together for me, and then we''ll go on to the next set. Then the next. Ready? Here we go:

Both witnesses and forensics time the murder during the nine o''clock hour when Atif and Rafay were in public, not at the movie. The only reason prosecutors re-timed the murders is not because of any scrap of *evidence*, but because altering the timeline was only way the mere possibility that the two could sneak out of a movie theater could hold any water. Of course it is not good intellectual practice to bend facts (and ignore the only evidence) to fit theory; but as forensics meta-studies have shown about human nature, it IS common tendency to bend reality to fit beliefs. In other words, we humans do it anyway. More disturbingly, we like to do it collectively. I call that "mob mentality". Television fuels it like nothing else.

[eyecolor-2009]

Likewise, it is no secret that the Bellvue police working with prosecutors saw the conflicting FBI reports as likely fatal to their case, so they did everything in their power to block it from the trial... which they succeeded in doing. A little research will show that the presiding judge who essentially blocked all but the "cooperative" circumstantial evidence has an unflattering record in this regard.

It is also no secret that the Bellvue police lied to reporters when they changed the details of the first police report, and later when they withheld details of their participation in holding the boys incommunicado then transporting them to Canada, etc. etc. etc. Of course, the judge barred all that from the case.

Secondly, on to hard evidence. I entreat you to look at the DNA exoneration cases -- they are spooky mirrors of this case. People believed as passionately as you that the accused HAD TO BE guilty. But when you step back, you see cases full of holes around a shaky scenario. People have this strange ability for controlled blindness. People have to a psychological tendency to gravitate towards consensus no matter how compromised -- just look at history as guide to the truth of this statement. A documentary that will make you cry is called "After Innocence" and it shows how people, collectively, psychologically can force the impossible to be possible.
http://www.rottentomatoes.com/m/after_innocence/

[eyecolor-2009]

Hello, okay, fair enough. Then let''s break it down.

On circumstantial evidence alone for the moment, look at the believability of this: Atif was at Cornell on scholarship, and he was interested in humanities -- it''s not like he was down and out and in need of a quick $250,000. Nor does he have any kind of "greedy" character profile in any way. Really, think about it. This is his family. The whole case rests on that motive, without a shred of hard evidence.

That''s the key: No shred of hard evidence supports the motive.

The only hard evidence that exists REFUTES the case. That point is granted by both sides.

Back to circumstantial... in turn, the case ignores the credible report of a $20,000 hit contract out on Dr. Rafay, and the pattern weapon use of baseball bats in staged break-ins (following a string of similar unresolved murders). To boot, Dr Rafay''s close friend was subsequently similarly murdered, and his case remains unsolved.

[franchize44]

eyecolor- my problem with your statement is that you are essentially writing and/or thinking that anyone who has read all the facts and done the research will automatically believe these two are innocent. That is not the case. I have gone through all the facts and still believe without a doubt that Atif and Sebastian are guilty. I do however firmly believe that Sebastian was the ringleader and that Atif''s mistake to go along with him ruined his life. He should still be punished no matter what. I don''t know if you mean it to come across the way I am reading into it, but just to clear things up, there ARE those of us who still believe they are guilty.

[mandyzfelix]

Read. The. Accounts. Or you just might sound ill informed. Or worse, like brownie for television ;)


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Posted by frankatz at 07:30 PM : Sep 17, 2007


Frankatz,

I''m at work when I read these things, I don''t have time to do research all over the place, and most websites are blocked by my company anyway. (Man, I sure do make myself sound productive at work, don''t I? Haha)

So I asked that question because apparently YOU are the informed one and thought that you could briefly tell me what happened in regards to the funeral. I wasn''t trying to sound like an informed smarta$$, I genuinely want to know how a person isn''t told about their own family''s funeral.

[frankatz]

See, you are being exhibit A. You ask, "How did their only surviving family member not KNOW about their funeral? And if that is the case, why on earth would you leave the country before you attended the funerals of your entire family?"

Read. The. Accounts. Or you just might sound ill informed. Or worse, like brownie for television ;)

[eyecolor-2009]

Somebody invariably objects, "Oh, but they confessed, nuff said" Or "but he used that movie alabi before, nuff said" or "But they didn''t show emotion, nuff said". Proclaiming such doesn''t make any of it true, nor makes impossible contradictions go away. Use logic. Use graph paper. Make the story WORK logically. When you add it ALL up rather than cherry pick, nobody can escape the logic. Moreover, none of us can escape who the real killers are. That is what''s truly disturbing about all this. The killers have been ID''d. The FBI wants the real killers, they want us to know who the real killers are. The real killers are out there precisely because they are smart and organized and *get away with murder*. We let them do it still.

Use your head, not just your gut. When you run into a piece of hard evidence (accepted by all) that EXCLUSIVELY contradicts the possible, please don''t cast aside. Why would you do that? Buying into the impossible is an absurd thing to do; ask yourself, why do people do it readily? Distraction? Desire? Look, you don''t try to drive through a brick wall (even if you wanted to), because hard cold logic gets the better of you. Every day your life depends on reason. Justice depends on it too. Stop cherrypicking. Start reconciling ALL the facts before saying this but not that. It can be done (and usually is) competently in courts of law. But but but! Why did they "flee"? See! They''re obviously guilty! Sigh.

[mandyzfelix]

Please, please, get away from this 48 Hours "news" and read other accounts! Atif did not KNOW about the funeral. Please, you can go to Northwestern Law University, or any number of advocacy groups, or any number of other articles and editorials, there is a TON of information out there! Or do you prefer to be a brownie for television?


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Posted by frankatz at 04:18 PM : Sep 17, 2007



Frankatz,

How did their only surviving family member not KNOW about their funeral? And if that is the case, why on earth would you leave the country before you attended the funerals of your entire family? That just doesn''t make any sense to me at all.

If your family is killed you don''t sit there and go "Well.... I''m not sure when their funerals are, so I''m just going to go ahead and leave the country now."

[cbreitel]

I did everything the pro-defense folks here say I should. I read the Ray Burns appeal website. I even took the time to watch his entire rambling speech at his sentencing, close to 2 hours. These men are guilty beyond any reasonable doubt. The Canadian confession would be problematic if that were the only evidence. But it''s not. The timeline is a perfect example of how their plan was fatally flawed. They figured out that they could create an alibi by being at a movie during the murders, sneaking out from the theatre to do their deed, and returning in time to have dinner downtown. But in choosing this plan they assumed the police would never find out that Burns used the exact same theatre alibi for an insurance fraud scheme he hatched at the age of 16 (2 yrs earlier). The scheme was discovered by an insurance company. And the police found out about it.

Guilty as charged.

[frankatz]

Re: "Also, I want to know why Atif didn''''t attend his own families funeral?? That is bizarre"

Please, please, get away from this 48 Hours "news" and read other accounts! Atif did not KNOW about the funeral. Please, you can go to Northwestern Law University, or any number of advocacy groups, or any number of other articles and editorials, there is a TON of information out there! Or do you prefer to be a brownie for television?

[frankatz]

With all due respect to Robertj325 (who posted the exact same message three times in a row), in such judgements one still has responsibility to a) solve logical inconsistencies and b) look at all the facts. If facts make something impossible, can it still be possible? I mean, I''m being honest here. The justice system RELIES on rational thought, but it necessarily does not require it. It requires only judgement, regardless of logical competency. That puts tremendous moral responsibly onto you and me -- the PEOPLE -- making judgements. With all due respect, I am underwhelmed by the emotional arguments I see on this page.

More importantly, are you content to let real killers (who have been implicated but never caught) STILL be out there and active? This is purportedly a powerful bunch -- people who the FBI have identified as staging break-ins and murdering people baseball bats, that is their modes operandi. Do you still safe in the denial of inconvenient facts?

There is a lot written about this case, and you can read it if you choose. But you know, there are people who persist in the belief that the earth is flat because, well, look around you, it''s obvious. It FEELS right that the earth is flat. It feels safe. They said so on "48 Hours". Nuff said.

[greenunicorn]

Also, I want to know why Atif didn''t attend his own families funeral?? That is bizarre.

[greenunicorn]

The thing that sold me on these guys being guilty was Sebastian''s old excuse(he was at the movies) for wrecking the family car when he was 16. And the play this guy was in in high school, and the ex girlfriend who said that one time sebastian did say he would like to know what it was like to kill someone. I really feel like these guys are guilty. I don''t know how Atif sleeps at night, it must be hard for him. Sebastian, on the other hand probably sleeps just fine, being as he is a psycho.

[iwonder4]

Ok, I agree these two are not the most compassionate teenagers I''ve ever seen. I don''t rely too much on the confessions, because there are plenty of teenagers who have confessed to crimes over the years who were later proven to be innocent. That being said, most of the circumstantial evidence does point to their guilt.

But...I don''t understand the cop who said of course they didn''t help the sister when she was moaning in the bedroom - they would lose the money if she survived. Then why wouldn''t they have just clubbed her enough to make sure she was killed rather than let her make it to the hospital? If they could murder the father so brutally, why not make sure the sister was dead so they could get the inheritance? Also, no history of conflict between Atif and the family. Some things don''t make sense here.

[robertj325]

eyecolor,

The fact that these guys confessed is one thing. If they were truly innocent, they''d never confess to ANYONE. nuff said.

Also, when confessing to the undercover cops they actually talked about killing the younger sister and laughing how she "kept getting up". If this isn''t damning evidence, I don''t know what is. Especially for Atif to laugh at his own sister...DESPICABLE!!

And for Atif to notice that his VCR and discman was missing after his family was bludgeoned to death????...come on!! These are clear signs of a sociopath.

These morons thought they were smart. But obviously they''re not. I hope they rot in hell.

[robertj325]

eyecolor,

The fact that these guys confessed is one thing. If they were truly innocent, they''d never confess to ANYONE. nuff said.

Also, when confessing to the undercover cops they actually talked about killing the younger sister and laughing how she "kept getting up". If this isn''t damning evidence, I don''t know what is. Especially for Atif to laugh at his own sister...DESPICABLE!!

And for Atif to notice that his VCR and discman was missing after his family was bludgeoned to death????...come on!! These are clear signs of a sociopath.

These morons thought they were smart. But obviously they''re not. I hope they rot in hell.