New trial set for James Burns, who once pleaded guilty to murder
</element><element id="paragraph-1" type="body"><![CDATA[An unusual turn of events has led to a new trial for James Burns, who pleaded guilty to murdering Thomas Condon several years ago.
A May 10 trial date and April 30 pretrial date are set for Burns, accused of killing Condon in December 2004. He pleaded guilty to the murder on April 13, 2006, but the plea was remanded back to Saline County Circuit Court by the Fifth District Appellate Court, then Burns successfully withdrew his guilty plea.
Burns was accused of four counts of first-degree murder Jan. 4, 2005 after Condon's body was found at his 1116 Feazel St. residence Dec. 28, 2004. He had been shot to death on or about Dec. 10, 2004.
On April 13, 2006, Burns pleaded guilty to murder and was sentenced to 45 years in the Department of Corrections. Burns subsequently argued he did not realize at the time of sentencing he would have to serve 100 percent of the 45-year sentence because of a 25-year aggravating factor for using a firearm in the commission of a murder. A motion filed by Burns indicated he believed he would serve half the 45-year sentence when he made the plea agreement.
However, accounts of the plea agreement in the Daily Register/Daily Journal from April 14, 2006 state the sentence was 45 years with no chance of good-time credit.
"We wanted to make sure that there wasn't a reasonable likelihood he would ever get out of prison," then-State's Attorney David Nelson said of the sentence. "This will put him up to 95, so this will hold him."
There is no chance for Burns to shorten his sentence with credit for good time in prison, Nelson said (in 2006).
Burns also was not advised at sentencing that he would have to serve parole after the termination of his prison sentence, according to motions filed by Burns. The case was sent back to Saline County courts by the Appellate Court so the proper admonishments could be made.
Burns withdrew his guilty plea on Dec. 5, 2008, further complicating the case. Burns did not yet appear to have an attorney and was acting on his own, court documents indicate. He argued he was not properly advised when he entered the guilty plea in 2006. Another motion to withdraw the guilty plea was filed Sept. 29, 2009. By that time Todd Bittle had been appointed to represent Burns in the case. The motion to withdraw the guilty plea was granted Nov. 18, 2009.
Burns was represented in 2006 by Jason Olson, a public defender at the time. Because Olson now works in the State's Attorney's office, Alan Downen was appointed special prosecutor on Aug. 20, 2009.
On Jan. 21, Edwin Parkinson was appointed special prosecutor to replace Downen.
Burns did some remodeling work for Condon 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. No charges were filed until 2005, after Burns was arrested on the murder charge.
A neighbor called 9-1-1 on Dec. 10 and reported seeing Burns' truck around Condon's residence, 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 for a welfare check. 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.