Injured lawyer resigns from Blair cases
A Cambria County lawyer who was punched by a death row inmate during a court proceeding three months ago has resigned as a court-appointed attorney for Blair County, where the incident took place.
Tim Burns, a well-known lawyer with an office in the 100 block of South Center Street, Ebensburg, will no longer represent convicted criminals in Blair.
“I gave the position up in Blair. I don’t know how long I’ll be out,” Burns said Thursday.
“I’m hoping to return, but the clients there need representation.”
Since 2007, he has been working on a contract basis for the Blair court, representing clients in post-conviction appeals.
Burns was in the courtroom of Judge Elizabeth Doyle on May 13 when the man he was defending, Andre Staton, punched him in the face.
Burns was appointed by the court more than a year ago to represent Staton, a death row inmate, and was in the courtroom on behalf of Staton, who was trying to have Doyle recuse herself from the case.
Staton also was seeking court approval to represent himself in upcoming appeal hearings.
Doyle had rejected Staton’s requests and the hearing was about to end when the convicted killer stood and, using his handcuffed arms like a baseball bat, pulled back and then swung forward into the face and eyes of Burns, who was seated.
The impact knocked Burns and his chair backward and rendered him temporarily unconscious.
Staton’s blow was delivered with such force that the handcuffs left an imprint on Burns’ face, said Blair District Attorney Richard Consiglio, who witnessed the attack.
Burns attempted to return to work at his office, but was ordered by doctors to stop working.
He also suffered a heart attack, delaying his recovery.
Burns told The Tribune-Democrat he has been diagnosed with what doctors term “brain injury” and was told to stop practicing law until he heals.
“I have been monitoring cases and checking cases, but that all has to stop,” he said in an email in July. “It could be months and I am extremely depressed because I love what I do.”
He said Thursday that lawyers from Cambria and Somerset counties have stepped up to ease his client load in his private practice.
“I’ll be back,” Burns said. “I’m definitely doing everything I need to do.”
Staton’s preliminary hearing in late June on charges related to the attack was featured in the July issue of the American Bar Association Law Journal.
He was bound over for trial on charges of aggravated assault, simple assault and aggravated assault by a life prisoner.
A trial date has not been set.
http://tribune-democrat.com/local/x1...om-Blair-cases
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