SAN CLEMENTE : Man Arrested Again in Mother’s Murder

The son of a 76-year-old woman found dead in her San Clemente home 18 months ago has been arrested--for the second time--in connection with her murder, the Orange County Sheriff’s Department announced Thursday.

Clifford L. Burgess, 45, who has a history of mental illness, was arrested a few hours after the Sept. 6, 1992, slaying of Mary Burgess but was released the following day due to lack of evidence.

But forensic evidence recently uncovered has linked Burgess to the crime, Sheriff’s Lt. Dan Martini said. Burgess surrendered to authorities Wednesday and will be arraigned today for the murder, Martini said.

“The case has always continued to be under investigation,” Martini said. Burgess “apparently had remained in the area. There wasn’t any intention on his part to hide.”

Burgess called police dispatchers on Sept. 6, 1992, and told them he had found his mother dead. He also said he had tried to commit suicide after finding her. When officers arrived at the house, in the 200 block of Avenida Cabrillo, they found blood throughout the home. Burgess, who had cut both of his wrists, was arrested but never charged, Martini said.

An autopsy determined that Mary Burgess had died of suffocation, authorities said.

Clifford Burgess’ attorney, Jack Earley, said Thursday that his client has a long history of severe depression and has been in and out of mental hospitals since his mother’s death.

“This is a very tragic case,” Earley said. Burgess “has severe emotional and psychiatric problems and was depressed at the time of the slaying. There had been a number of crises in his life.”

Authorities would not detail the new evidence but said it was collected at the scene and re-evaluated after the merger last year of the San Clemente Police Department and the Orange County Sheriff’s Department.

Between his arrests, Earley said, Burgess had cooperated with the police and the district attorney’s office, making himself available for physical tests and surrendering this week.

“It’s been hard for him to go on with his life not knowing when or if he was going to be taken into custody,” said Earley.

Earley said he expects to enter a not-guilty plea on behalf of his client at the arraignment today in Orange County Municipal Court.

Burgess is being held at Orange County Jail on $250,000 bail.

“Obviously, there is ample evidence in this case, and it is probably a classic case of not guilty by reason of insanity,” Earley said.