*News
Release* Date: June 1, 2010

Middlesex
County Prosecutor’s Office
Piano teacher convicted of child endangerment
Middlesex County Prosecutor Bruce J. Kaplan announced that
a
Franklin Jack Burr II, (DOB 9/16/45) of
The
jury was unable to decide a count charging Burr with sexual assault. Superior
Court Judge Dennis Nieves declared a mistrial on that charge. A decision has
yet to be made on whether the state will seek to try the defendant again on the
sexual assault count.
When
he is sentenced for child endangerment, Burr faces up to five years in a New
Jersey state prison with a 2 ½ - year period of parole ineligibility.
His sentencing date has not been set.
After
the verdict was returned, Judge Nieves declined to revoke or raise the
defendant’s bail. Burr remains free on $150,000 pending sentencing.
During
the trial, Middlesex County Assistant Prosecutor Christie L. Bevacqua presented
evidence and testimony contending that Burr, a private piano instructor,
improperly touched the 9-year-old girl on a number of occasions while giving
her piano lessons in
Burr
was arrested and charged following an investigation by then-Sgt. Joseph
Burr
initially was convicted in October 2004 of sexual assault and endangering the
welfare of the child, and was sentenced to a six-year prison term.
He
subsequently appealed the conviction and was granted a new trial in June 2008
by an appellate court, which ruled that the judge in the first trial improperly
precluded evidence that Burr contends he has a medical condition known as
Asperger’s syndrome.