Burns, Rafay sentenced to three life terms

Before he was sentenced to life in prison, Glen Sebastian Burns spoke to a packed King County courtroom for 90 minutes yesterday, saying evidence used against him in a triple-murder trial was manipulated and misconstrued.

Burns, who with his friend, Atif Rafay, was convicted in May of bludgeoning Rafay's parents and sister in their Bellevue home in July 1994, gestured, swiveled to look at the spectators behind him, spoke of himself in the third person, and referred to movies like "The Godfather" and "American Beauty."

"If you look for the evidence (we killed the family) you won't find it because we didn't do it, and that's the truth," said Burns, 29, later adding, "We're still standing here, waiting for our day in court."

Before sentencing Burns to three consecutive life terms in prison for the murders of Tariq, Sultana and Basma Rafay, King County Superior Court Judge Charles Mertel blasted Burns on several fronts, including his lack of remorse.

"It's chilling, your recitation of what you feel has occurred over these many years," said Mertel, who presided over the six-month trial.

Burns' version of events about "the brutal massacre of this family is a remarkable example of selective memory. Mr. Burns, you're not immoral, you're amoral."

Atif Rafay's allocution took less than 10 minutes. He, too, insisted that he and Burns are innocent. He said he couldn't believe that "the shoddy lie" they told undercover Canadian detectives — that they were responsible for the murders — "has misled so many people and eclipsed the real evidence in this case," he said. "I'm tormented by the fact ... my parents' killers walk with impunity."

Rafay spoke of his admiration for his father's brilliance and generosity. He broke down while talking about his mother and said he regretted his "youthful embarrassment" of his autistic sister.

"I'm going to continue the struggle for truth in this case. ... I won't betray their hopes and expectations for me," Rafay said.

Rafay, 28, also was sentenced to three consecutive life terms — the only sentence Mertel could hand down since the death penalty was removed from consideration as part of a 2001 extradition agreement to bring Burns and Rafay, both Canadian citizens, here to stand trial.

Yesterday's sentencing came nearly five months after Burns and Rafay were found guilty of the triple slaying. The extended gap between the verdict and sentencing was unusual, but almost fitting for a case that took more than nine years to get to trial.

"There's never been a case quite like this in King County," Mertel said at one point in the proceedings.

Since May, Burns and Rafay fired their trial attorneys and were appointed new lawyers after claiming they received ineffective counsel and an unfair trial. Attorneys for both defendants yesterday withdrew motions for a new trial, saying if they were to proceed, they would need a months-long continuance to investigate whether the defense was ineffective during trial.

In his comments to Rafay, Mertel said he believed Rafay "was genuinely remorseful."

The judge said it was the Rafay family's misfortune that Atif Rafay ever befriended Burns because it "cost you years in prison and cost your family their lives."

Mertel ordered both men to repay the family's burial costs and money paid for investigative and legal costs in Canada and the states. State taxpayers already have paid millions for their defense, he said.

Among those in court yesterday were the two undercover Royal Canadian Mounted Police detectives who elicited videotaped confessions from Burns and Rafay that led to their arrests in 1995.

Burns' parents, sister and a host of supporters also were there and held a news conference after the sentencing. One friend, Sarah Isaacs, said all the case evidence is consistent with the pair's innocence.

"These boys did not kill anyone," said Burns' sister, Tiffany Burns. "They were wrongly accused, wrongly jailed and wrongly convicted."

But Roger Davidheiser, a lead prosecutor in the case, said Burns is indignant only because "he didn't fool everybody."

As with all aggravated-murder convictions, the Rafay case will be reviewed by the state Court of Appeals.

Sara Jean Green: 206-515-5654 or sgreen@seattletimes.com

Times reporter Ashley Bach

contributed to this report.