David Burks goes to Florida jail after 2009 sex crime conviction - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

David Burks goes to Florida jail after 2009 sex crime conviction

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ST. LUCY COUNTY, Fla. --  David Burks has turned him self into a Florida jail.  In 2009, Burks was sentenced to eight years in prison for arranging to have sex with a child.

He has been out on superstitious appeals bond which expired Wednesday.
Back in 2008 he was caught chatting with an undercover detective through a website called open-minded parents. He was arrested in Ft. Lauderdale, Florida while away on a business trip.

The 4th Distinct Court of Appeals declined to hear his appeal a month ago.

Burks' attorney, Arthur Brandt, says they're going to continue to fight the conviction, hoping to go before a judge within three to six months.

The basis of the appeal is that the jury was tainted to believe Burks actually had a history of sex with minors when in fact it was just a fantasy.

"Despite the fact that we mitigated the damage by saying there were no step daughters, it still lit the fire under them to think that maybe where there's smoke there is fire," says Brandt.

Brandt says the step daughters Burks spoke of don't exist so there was no sex crime committed.

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