In a last-minute move, the pretrial hearing for Brian Burns was moved up from Friday afternoon to Thursday afternoon.
Burns, 56, is facing two counts of first degree murder, and one count of concealment of a body in connection with the death of his estranged wife Carla Burns. He is accused of shooting Burns to death, and burning her remains to conceal the homicide.
During Burns' pretrial on Thursday, defense attorney Nick Brown presented a motion filed June 16 for a continuance. According to the motion, the defense team needs time to gather expert witnesses and testimony. Burns’ team has retained a psychiatric expert that will, “provide a forensic analysis of the defendant’s current mental state as well as at the time of the alleged incident that is giving rise to the present case.”
The unnamed expert’s forensic analysis of Burns will not be finished no earlier than late summer, which is one of the reasons for the defense’s motion.
In addition to a psychiatric expert, Burns’ defense counsel asked for “additional time to retain expert witnesses” in ballistics and anthropology.
Before Thursday hearing, Burns last appeared in court in April to waive his right to a preliminary hearing, which would have required the state to present enough evidence to Judge Walden Morris to prove probable cause against Burns.
Calls to the Lawler Brown Law firm for a comment were not returned.
Saline County Assistant State’s Attorney Jason Olson said that an extension in a case like Burns’ is not uncommon.
“There was lots of discovery turned over to the defense,” Olson said, calling the motion, “a usual move.”
Morris granted the defense’s motion, and scheduled Burns’ next appearance for 2 p.m. Aug. 25. On that date, a status hearing will be held along with possibly setting a trial date.
