By JAY CONLEY
THE ROANOKE TIMES

The day after Richard Burrow's federal fraud trial ended with a deadlocked jury, questions remained about the fate of the criminal case, Burrow's professional career and the future of the bankrupt National D-Day Memorial.

U.S. Attorney John Brownlee said Tuesday that his staff will re-evaluate the case to determine if another trial on mail fraud, wire fraud, bank fraud and loan application fraud charges will be sought against Burrow.

"We're going to sit down and talk about it and be honest with ourselves. It's a high burden to prove guilt beyond a reasonable doubt to all 12 jurors. And we've got to meet that burden," Brownlee said.

Neither Burrow, 55, of Roanoke, nor his attorney, John Lichtenstein, could be reached for comment Tuesday.

Judge James Turk declared a mistrial Monday night after the jury deadlocked 7-5 in favor of acquitting Burrow, the former president of the National D-Day Memorial Foundation. The charges related to $7.5 million in fund raising and loans sought by Burrow to build the $25 million memorial in Bedford. Burrow, who never had been accused of personally profiting from the alleged fraud, testified during the trial that he only had the best interests of the memorial at heart.

Jury foreman James Lee said the majority of jurors felt that Burrow's fund-raising practices were not illegal.

Brownlee said the decision on a retrial may not come until January, or even later, though he wants to settle the matter as soon as possible.

"In all fairness to Mr. Burrow, he needs some resolution to this matter one way or another," Brownlee said. "I think we owe it to him and to the community and to the D-Day memorial to make a decision soon."

Those associated with the D-Day memorial say the six-day trial and nine-month investigation of Burrow leading up to it have been punishment enough for Burrow and the foundation's reputation.

D-Day foundation president William McIntosh said the lack of a decisive verdict will further put on hold plans to seek federal funding to help eliminate the foundation's $3.8 million debt. It filed for Chapter 11 bankruptcy protection Nov. 8.

"The thing that will help the foundation most is when the judicial process ends," McIntosh said.

He said he's been advised by Sen. John Warner, R-Va., not to expect any federal money while Burrow's fraud case is still on the horizon.

Burrow supporters said they hoped that prosecutors would drop the case.

"I think everybody's had enough. I know the board has. I know the veterans have," said Bob Slaughter, a D-Day veteran and former chairman of the foundation's board of directors who has been a staunch supporter of Burrow. "If I were Richard, I believe I would like to see it end. I'm sure his family would."

Another trial seems unnecessary, said Byron Dickson, the architect who designed the memorial. He is involved in bankruptcy litigation with the foundation to recover about $800,000 in unpaid design bills.

"Haven't we all been through enough already? How much has the government spent already on this case? And what about Richard? He's already paid far more than he should have had to pay."

A group of Burrow's supporters created a legal defense fund earlier this year that has raised more than $100,000 to pay his legal fees.

"I'd be shocked if they wanted to come back and retry the case," said Lucille Boggess, a member of the Bedford County Board of Supervisors and a former foundation board member. "I don't know how all those jurors possibly could have absorbed all that financial information."

Before the trial began and once again after Turk declared the mistrial, Burrow declared himself not guilty of the charges. But some of his supporters lamented that a cloud could remain over him.

"I don't know that his reputation in fund raising is ever going to be what it was," Dickson said.

"Richard is 55 years old. That alone makes it difficult enough to find a job," Slaughter noted. "I would imagine Richard may have to leave town to find work. But there a lot of people in Roanoke and Salem who support him. I wouldn't be surprised if someone gives him a job just to keep him employed."

Dickson suggested that Burrow take six months to a year off and then try to fall back on his earlier career as a engineer. In that capacity, Burrow was employed by the city of Roanoke and later by Explore Park.

"He's almost got to start from scratch," Dickson said.

"I think a lot of people in Roanoke have supported him and would hire him," Boggess said. "I can't imagine that Richard can't get a job. And I think he can get one in fund raising, and I think he can find work in Roanoke."

Jay Conley can be reached

at 981-3114 or jay.conley@roanoke.com.

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