The circuit clerk in Jefferson County’s Bessemer Cutoff Division cited with contempt of court for her alleged failure to help find missing evidence in a 1974 rape case said she believes she has absolutely complied with the court and continues to do so.

Circuit Judge David Carpenter issued the citation against Karen Dunn Burks, saying she has “repeatedly and willfully” refused to comply with multiple court orders to locate the missing evidence.

“This court has been exceptionally patient with the clerk and exceedingly lenient,’’ Carpenter wrote. “No party to any case before this court would ever receive the deference and tolerance that has been bestowed on the clerk in this case.”

“Karen Dunn Burks has been a faithful public servant for many years and comes from a family of highly respected public servants,’’ her attorney, Martin Weinberg said Thursday.

“This has been more than disruptive for her and her hardworking staff and an attack on her character,” Weinberg said.

The ordeal has been going on since 2021, when the Conviction Integrity Unity – launched by District Attorney Lynneice Washington – began to look into the conviction of Ervin Harris. The unit is designed to remedy wrongful convictions within her jurisdiction

Harris was convicted of rape in 1975 and served more than 40 years in an Alabama prison.

Though he has completed his sentence, Harris to this day maintains his innocence and is seeking a pardon, and an expungement of his criminal record. He is represented by The Innocence Project in New York.

Burks was set to appear in court next week for a “show cause” hearing, to show why she should not be held in contempt.

Weinberg said that hearing has been postponed at Burks’ request.

“We also have questions as to the validity of the courts citation or need for any additional hearings,’’ Weinberg said. “We have and will address that concern with the court.”

Prosecutors believe there is clothing evidence that was introduced at Harris’s trial that could now be tested for DNA, technology that was not available during Harris’s trial. Those items are believed to contain blood and semen evidence.

They contend Burks’ office has repeatedly thwarted their efforts to find that evidence, a years-long effort chronicled in Carpenter’s contempt citation.

In April 2024, Carpenter issued a citation for civil contempt against Burks and set a show cause hearing for May.

The judge suggested she have legal counsel with her, and to bring any keys or card keys or any other devices that are necessary for accessing the requested search locations.

“We are talking about a case that was tried 50 years ago and an incident that occurred some time before that,’’ Weinberg said. “That poses a number of practical difficulties.”

“We have had numerous clerks, district attorneys and judges and their staffs in the Bessemer courthouse since this trial,’’ the attorney said. “We have a new courthouse. We have new security and new security measures.”

“We simply have endless possibilities on evidence being destroyed or lost,’’ Weinberg said. “None of the original cast of characters involved in this original matter are working in their positions. Most, if not all, are retired or deceased.”

Weinberg said Burks respects a conviction integrity unit and the need to right wrongs of the past.

“However, at this time, this matter seems to be no more than a fishing expedition that has gone on since 2021,’’ Weinberg said. “There’s absolutely nothing pending before the court from Mr. Harris or his legal representatives. He’s no longer incarcerated.”

Weinberg said there are many possibilities as to the whereabouts of evidence that was collected stored 50 years ago when the current clerk was still a child.

“Karen has complied with the initial order while at the same time being mindful of her duties to preserve and not contaminate evidence in the other hundreds if not thousands of other cases and disrupt the safeguards for those cases,’’ he said.

“We are confident that this matter will come to a final resolution,’’ he said, “and that our public officials can focus on their duties as it relates to current matters.”