BRENTWOOD — A Windham man scheduled to go to trial on incest charges next month has been indicted on charges of tampering with a witness in the case.
James Burgess, 46, was indicted by a grand jury earlier this month on charges of tampering with a witness. The new charge stems from conversations he allegedly had with his ex-wife after he was charged with two counts of incest. Burgess was previously indicted on the charges of incest and is scheduled to stand trial next month.
Burgess' wife allegedly caught him in the act with the 16-year-old on Aug. 14, 2007. He admitted to her that he and the teenager had been having a relationship for about a week, court documents state. Shortly after the incident, Burgess' wife kicked him out of the house and filed for divorce.
On Nov. 7, 2007, Burgess invited his estranged wife to his parents' home. She went and Burgess blamed the couple's problems on the 16-year-old girl. Burgess allegedly told his wife "it was the fault of (the girl) and she manipulated both of them," according to court documents.
Burgess called his wife later that night and asked her to recant her testimony and to convince the girl to recant hers as well, according to an affidavit.
County prosecutors intend to use the witness tampering charges as evidence in Burgess' incest case as proof of consciousness of guilt, according to court documents.
Burgess was originally scheduled to go to trial in August, but it was continued due to failing health. According to court documents, an oncologist told Burgess his rectal cancer had metastasized and he had three months to a year to live.
Defense lawyer Steven Shadallah filed for the continuance because Burgess could not properly assist him in preparation for the case because of his declining health, court documents state.
Burgess' trial is scheduled to begin Dec. 7 at Rockingham Superior Court in Brentwood.
