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COUNTY COURTHOUSE —
At the motion hearing held Friday afternoon in the case of James Burns, who is on trial for murder in connection with the 2004 death of Thomas Condon, the defendant filed a pro se motion to dismiss all charges on the basis of “speedy trial” violations. Chief Judge Mark Clarke, however, denied Burns' motion.
“The fact that the train is late does not mean that everyone on board gets a free ride,” said Clarke.
This is only the latest twist in a long and complicated murder case.
Burns pleaded guilty to murder 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.
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. This means Burns gets an entirely new trial.
During Friday's hearing, Clarke addressed the issue of why it took so long for Burns' motion to withdraw his guilty plea to be heard in court. When the pro se motion was filed, no response was filed by the state and no hearing was set by the court.
Almost a year later, Burns' motion was finally granted. Though Clarke agreed this is an unusually long period of time, he said it is incumbent upon the person who filed the motion to ensure he or she gets a hearing to have the motion heard in court. Burns could have filed a request for a hearing during that time, but did not. Because of this, Clarke denied the motion to dismiss all charges.
Burns' pre-trial hearing is set for 1 p.m. Friday, Dec. 30.
At the motion hearing held Friday afternoon in the case of James Burns, who is on trial for murder in connection with the 2004 death of Thomas Condon, the defendant filed a pro se motion to dismiss all charges on the basis of “speedy trial” violations. Chief Judge Mark Clarke, however, denied Burns' motion.
“The fact that the train is late does not mean that everyone on board gets a free ride,” said Clarke.
This is only the latest twist in a long and complicated murder case.
Burns pleaded guilty to murder 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.
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. This means Burns gets an entirely new trial.
During Friday's hearing, Clarke addressed the issue of why it took so long for Burns' motion to withdraw his guilty plea to be heard in court. When the pro se motion was filed, no response was filed by the state and no hearing was set by the court.
Almost a year later, Burns' motion was finally granted. Though Clarke agreed this is an unusually long period of time, he said it is incumbent upon the person who filed the motion to ensure he or she gets a hearing to have the motion heard in court. Burns could have filed a request for a hearing during that time, but did not. Because of this, Clarke denied the motion to dismiss all charges.
Burns' pre-trial hearing is set for 1 p.m. Friday, Dec. 30.
