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A motion hearing was heard in the murder trial of James Burns Friday morning in Saline County. Burns, accused of murder in connection with the December 2004 death of Thomas Condon, pleaded guilty in 2006, but the plea agreement was sent back to Saline County Circuit Court after it was appealed to the Fifth District Appellate Court. Burns then filed a motion to withdraw his guilty plea on Dec. 5, 2008. That motion was granted Nov. 18, 2009, so the trial process has started again.
When Burns withdrew his guilty plea in 2008, he successfully argued he did not understand the sentence fully — 45 years with no chance of early release and two years of parole — when he agreed to a guilty plea in 2006. Burns has said he did not understand he would have to serve 100 percent of the sentence.
The hearing held Friday by Chief Judge Mark Clarke was essentially a meeting to make sure both the prosecution and defense would be ready to go to trial Jan. 10, 2012. Though the defense has some final disclosure needed, they do not anticipate any more motions. The State, on the the other hand, may still have a few motions to be heard by the court.
During the court proceedings, Burns grew agitated with his court-appointed counsel and attempted to fire him on the spot.
“I disagree with him and I'd like to fire him right now,” said Burns.
Clarke advised Burns to think before he speaks, and allowed a recess for Burns to reconsider. Upon their return, Burns still seemed intent on representing himself for the remainder of the trial, which Clarke greatly admonished. Clarke said Burns has the right to choose to represent himself, but said “this disruptive behavior will not continue”.
The next motion hearing in the trial is set for Nov. 30 at 1 p.m.
Condon hired Burns to do some remodeling work in fall 2004, but the relationship apparently turned sour. Condon had filed a police report stating Burns had begun choking and punching him after a dispute over a white or gray counter top, according to the April 16, 2006 edition of the newspaper.
A neighbor called 9-1-1 on Dec. 10, 2004, and reported seeing Burns' truck around Condon's residence, former State's Attorney David Nelson said in 2006. Harrisburg Officer Terry Sisky told the neighbor in November 2004 to call if she saw Burns or his vehicle at Condon's house, but Sisky was not working Dec. 10, 2004, Nelson said in 2006.
On Dec. 21, 2004, the neighbor — unidentified in the 2006 court hearing regarding the plea agreement — called again and said Burns was at Condon's house. He was stopped by police but they had no reason to hold him at that time, Nelson said.
On Dec. 28, 2004, Condon's ex-wife asked police to check on Condon's welfare. She had not seen or heard from Condon in several days and was concerned about him, according to police reports. Police found Condon's body after noon the same day. Condon had been dead for some time.
A motion hearing was heard in the murder trial of James Burns Friday morning in Saline County. Burns, accused of murder in connection with the December 2004 death of Thomas Condon, pleaded guilty in 2006, but the plea agreement was sent back to Saline County Circuit Court after it was appealed to the Fifth District Appellate Court. Burns then filed a motion to withdraw his guilty plea on Dec. 5, 2008. That motion was granted Nov. 18, 2009, so the trial process has started again.
When Burns withdrew his guilty plea in 2008, he successfully argued he did not understand the sentence fully — 45 years with no chance of early release and two years of parole — when he agreed to a guilty plea in 2006. Burns has said he did not understand he would have to serve 100 percent of the sentence.
The hearing held Friday by Chief Judge Mark Clarke was essentially a meeting to make sure both the prosecution and defense would be ready to go to trial Jan. 10, 2012. Though the defense has some final disclosure needed, they do not anticipate any more motions. The State, on the the other hand, may still have a few motions to be heard by the court.
During the court proceedings, Burns grew agitated with his court-appointed counsel and attempted to fire him on the spot.
“I disagree with him and I'd like to fire him right now,” said Burns.
Clarke advised Burns to think before he speaks, and allowed a recess for Burns to reconsider. Upon their return, Burns still seemed intent on representing himself for the remainder of the trial, which Clarke greatly admonished. Clarke said Burns has the right to choose to represent himself, but said “this disruptive behavior will not continue”.
The next motion hearing in the trial is set for Nov. 30 at 1 p.m.
Condon hired Burns to do some remodeling work in fall 2004, but the relationship apparently turned sour. Condon had filed a police report stating Burns had begun choking and punching him after a dispute over a white or gray counter top, according to the April 16, 2006 edition of the newspaper.
A neighbor called 9-1-1 on Dec. 10, 2004, and reported seeing Burns' truck around Condon's residence, former State's Attorney David Nelson said in 2006. Harrisburg Officer Terry Sisky told the neighbor in November 2004 to call if she saw Burns or his vehicle at Condon's house, but Sisky was not working Dec. 10, 2004, Nelson said in 2006.
On Dec. 21, 2004, the neighbor — unidentified in the 2006 court hearing regarding the plea agreement — called again and said Burns was at Condon's house. He was stopped by police but they had no reason to hold him at that time, Nelson said.
On Dec. 28, 2004, Condon's ex-wife asked police to check on Condon's welfare. She had not seen or heard from Condon in several days and was concerned about him, according to police reports. Police found Condon's body after noon the same day. Condon had been dead for some time.
