John W. Burns, a 40-year-old man accused of setting ablaze the historic Old Pink bar in June, is reportedly progressing through his rehabilitation program for both substance abuse and mental health. It is anticipated that he will be transitioning soon into a third stage of his therapeutic process, potentially resulting in more freedom at a less stringent facility. Since his previous federal court appearance in September, Burns has been receiving treatment at a residential institution.
H. Kenneth Schroeder, the presiding Magistrate Judge, declared on Thursday that Burns will remain in his current treatment program and is to be treated under the strictest rules enforced by his upcoming facility. This announcement further extends the course of Burns’ addressed rehabilitation from his last court mandate.
Nevertheless, concerns were raised by Assistant U.S. Attorney, Richard Antoine, over the subsequent risks and possible loopholes of Burns’ potential transfer to a less controlled facility. He expressed apprehension that, despite the stringent rules in the successor facility, Burns would still retain liberties that could allow him to reignite his fire-starting tendencies.
To counter this concern, Antoine petitioned Schroeder to halt Burns’ release until the U.S. Attorney’s Office could further examine the stipulated conditions and ponder their validity for an appeal. However, Schroeder overruled the request, standing by the necessity of Burns’ continuity in his rehabilitation plan.
Schroeder reasoned that Burns is already engaged in a beneficial program and should be allowed to return to it unabated. He questioned the need to disturb this course of action, highlighting the potential drawbacks that diversion could have on Burns’ steady progress in his recovery.
In support of Schroeder’s contention, a probation report illustrating Burns’ progress in the program was presented. Schroeder underlined that disrupting Burns’ established path to rehabilitation could undermine the gains he has already made.
The judge asserted that, based on current evaluations, Burns seems to be making strides towards becoming a contributing member of society. He considered this route akin to leaving Burns in the confinement of a jail cell without necessary psychological aid, decidedly choosing the healthier, rehabilitative option over punitive measures.
Assistant U.S. Attorney Antoine, still hesitant, expressed his intent to resume the stay order should Burns be relocated to a different residential treatment center with less restrictive measures. Yet, his motion was left unaddressed.
During the same court session, the counselor from the institution treating Burns confirmed a probabilistic shift in Burns’ regimen. Notably, the succeeding phases in his treatment are characterized by increased ‘freedom of movement’.
Additionally, the counselor asserted that Burns has been demonstrating ‘positive headway’ in his program to date. The court proceedings transpired without Burns being overseen by U.S. marshals, instead he was under the supervision of the counselor, and dressed in regular attire as opposed to inmate garments.
Antoine voiced concerns about Burns’ ability to leave the future rehabilitation location without supervision. However, this query remained unaddressed amidst the discussions of Burns’ transfer plans.
Further elucidation was sought by Antoine on the judicial interpretation of ‘the most restrictive conditions’ that the future location could enforce. Antoine sought to better comprehend the extent of these conditions before an official verdict was met.
The court hearing also centered on Burns’ arraignment, during which his assistant federal public defender, Erin Ryan, entered a plea of not guilty for the arson charges that have been pressed against him. Burns was indicted last month by a federal grand jury for starting the Old Pink bar blaze on June 17 at 223 Allen St.
In addition to the bar arson charges, Burns’ indictment included an accusation of attempted arson of an automobile. Specifically, Burns is alleged to have endeavored to obliterate a 2012 model of a white Jeep Grand Cherokee using fire, a claim dated back to August 13.
The final resolution of Burns’ case, both in relation to his ongoing rehabilitation program and his impending legal charges, is yet to be completely settled, illustrating the complicated intersection of mental health issues and the justice system.