James Burns doesn't want attorney, won't sign waiver
</element><element id="paragraph-1" type="body"><![CDATA[A pre-trial motion was heard Wednesday afternoon in the trial of James Burns, accused of murder in connection with the 2004 death of Thomas Condon.
Burns had previously stated at the last motion hearing on Nov. 18 that he wished to fire his court-appointed counsel and represent himself.
Chief Judge Mark Clarke began Wednesday's hearing by asking Burns' attorney if the defendant had a chance to speak with his attorney since the last hearing and whether they had been able to reconcile their differences.
Burns' attorney indicated he had spoken with Burns several times and Burns maintained the position that he wished to represent himself.
Clarke re-read the charges to Burns, and tried to make sure the defendant understood the magnitude of the decision to represent himself.
"You may not like your attorney, you may disagree with your attorney, but, sir, you need an attorney," said Clarke. "I urge you to think carefully before you make this decision."
Burns did not change his mind about wanting different counsel, but when it came time to sign the form waiving his right to an attorney, Burns refused to sign.
"I'm not waiving an attorney, I'm waiving a public defender," said Burns.
Clarke tore up the form, and urged Burns to come up with his own form - one he would be willing to sign that makes clear his intent to represent himself.
Until he submits a form waiving his right to an attorney, court proceedings will not continue, it was indicated.