Man sent immediately to prison because of hug from child

Tuesday, June 15, 2004 | 11:08 a.m.

A hug from a granddaughter outside a Clark County courtroom Monday caused a man to be immediately sentenced to a two- to five-year prison sentence.

Just moments before the hug, District Judge Nancy Saitta had told 52-year-old Harry Burdick's lawyer that she was giving Burdick a week and a half to get his affairs in order and to resolve some issues before she sentenced him on child molestation charges.

Burdick had entered an agreement with prosecutors to plead guilty to one charge of attempted lewdness with a child under the age of 14 in connection with the molestation of a 6-year-old girl. Prosecutors declined to recommend a prison sentence for Burdick, and Burdick's lawyer had asked Saitta to give Burdick probation.

The father of the victim pleaded with the judge to give Burdick prison time. He had wept while telling the judge how Burdick's crime had affected him and his daughter.

He said he couldn't believe Burdick was going to be sentenced to probation for an act that has given his daughter constant nightmares and has forced them both into counseling.

The father, who was living in California at the time of the molestation, said he moved to Las Vegas immediately after his wife called him to tell him their daughter had complained of pain.

He said although he told his wife to take the girl to the doctors she never did. When he arrived in Las Vegas he took his daughter to the doctor and the girl told him Burdick had hurt her.

The father testified that he subsequently learned the reason his wife failed to take his daughter to the doctor was because she had been molested by Burdick routinely over 28 years.

The father also was furious that when he had arrived to court he ran into Burdick in the hallway.

"I thought he was in custody but I found out when I got here that he has been out for three months," while awaiting trial, the father said.

In telling Burdick that she would announce his sentence on June 23, Saitta warned him to have absolutely no contact with children, even his grandchildren.

But as Burdick left the courtroom, his 6-year-old granddaughter ran into his arms for a hug and his daughter started to hand her baby to Burdick.

A bailiff saw the scene, handcuffed Burdick and told Saitta what happened. The judge called for a recess and told Burdick she would deal with him after all of the other cases on her calendar were concluded.

While Burdick sat waiting, defendants in custody, who had heard the details of his crime minutes earlier, stared him down and told him they and other inmates would make sure he suffers in prison.

When Saitta returned she sentenced Burdick to two to four years in prison.

"I thought it was quite clear that you were to have no contact with children whatsoever, but immediately upon leaving your daughter presents you with a very small child and other minors, despite me having ordered you to have no contact with small children," Saitta told Burdick.

She said the fact that had he contact with children immediately upon walking out of the courtroom emphasized the concerns she had about what might happen if he was not incarcerated.