Found Deceased OR - Dennis Day, 76, former original Disney Mouseketeer, Phoenix, Jackson Co, 15 July 2018 *Arrest*

[Niner]

Monday, February 24th:
*Pretrial Conference Hearing (@ 1:30pm PT) - OR – Dennis W. Day (76) (former original Disney Mouseketeer, Phoenix, missing July 15, 2018, found April 4,2019, ID’ed Jun 6, 2019) – for *Wanda Diane Garcia aka Denise Adam, Wanda Avila, Wanda Diane Davalos, Wanda Diane Murdock, Chareva Louise Garcia, Chareva Louise Murdock, Denise Anne Racey, Wanda Murdock & Chareva Louise Reyes (57) indicted & arrested (6/20/19), arraigned (6/28/19) & charged (7/4/19) with 1st degree theft (stealing & selling a brooch 7/9/18 belonging to Day) & 1 count of unauthorized use of a motor vehicle (taking 1990s model Ford Escort belonging to Day). Held on $15K bond.
6/28/19 Update: Initial appearance & arraigned . Appointed attorney, bond set at $15K. Recognizance Release. Next Pretrial conference hearing 7/15. 7/15/19: Continued to 7/22.
7/22/19 Update: Next pretrial hearing on 8/26. 8/26/19: Hearing postponed until 9/9. 9/9/19: Next pretrial conference hearing on 9/30. 9/30/19: Hearing continued on 11/4. 11/4/19: Hearing continued to 12/16. 12/12/19: Pretrial conference hearing for 12/16 has been rescheduled on 1/27/20.
1/27/20 Update: Next pretrial conference hearing on 2/24.
*Daniel James Burda (36) – Pretrial conference hearing on 4/20/20.
*Lori Ann Declusin – 8/6/19: Jackson County: Failed to Appear warrant issued. Next arraignment hearing in Douglas County on 8/29/19. 8/29/19: Failed to appear. Next Jackson County: 9/17/19 Failed to appear-FTA-Warrant issued. 9/30/19: Jackson County: Failed to appear-warrant out. 11/1/19: Douglas County: Indictment & arrest warrant filed. 11/5/19: $10K warrant out for her arrest. No update on court site as of 2/23/20.

 

[Luckyzmom]

Damn Thanks very much Niner . Declusin needs to be taken into custody ....

 

[Niner]

Garica:

02/24/2020 Hearing - Pre-Trial Conference
Judicial Officer: Orr, David J.
Hearing Time: 1:30 PM
Cancel Reason: New Proceeding

04/13/2020 Hearing - Pre-Trial Conference
Judicial Officer: Greif, Lisa
Hearing Time: 1:30 PM


link: OREGON JUDICIAL DEPARTMENT - Online Records Search

 

[Niner]

Mousketeer's family sues Phoenix police for $1.7 million


The sister of former child actor Dennis Day wants more than a million dollars from Phoenix police on accusations the department badly compromised her brother’s homicide investigation by overlooking Day’s body inside his own home for nine months and by missing key evidence and at one point even stepped on Day’s body.

Day’s sister Nelda Adkins of Coalinga, California, is suing the Phoenix Police Department and Phoenix Lt. Jeff Price as an individual for $1.7 million for negligence surrounding a multitude of alleged missteps that started prior to the missing persons investigation turned high-profile homicide case. Day was best known for his role in the 1950s as a founding member of Walt Disney’s Mickey Mouse Club.

 

[Niner]

Burda - trial date added to court site.

04/20/2020 Hearing - Pre-Trial Conference
Judicial Officer: Mejia, Lorenzo
Hearing Time: 11:00 AM

08/03/2020 Hearing - Trial Readiness
Judicial Officer: Cromwell, Laura
Hearing Time: 10:30 AM
Comment: ASSIGNED MEJIA TRIAL TL12 8/10 through 8/28 (15 DAYS)

08/10/2020 Trial - Twelve Person Jury
Judicial Officer: Mejia, Lorenzo
Hearing Time: 9:00 AM
Comment: ASSIGNED MEJIA TRIAL 8/10 to 8/28 (15 DAYS)


link: OREGON JUDICIAL DEPARTMENT - Online Records Search

 

[Luckyzmom]

Wow Thanks @Niner as always appreciate your time very much

 

[Niner]

Garcia - 4/13/20 hearing continued to:

06/01/2020 Hearing - Pre-Trial Conference
Judicial Officer: Cromwell, Laura
Hearing Time: 1:30 PM


link: OREGON JUDICIAL DEPARTMENT - Online Records Search


Court site still has Burda on 4/20.

 

[Niner]

Burda:

04/20/2020 Hearing - Pre-Trial Conference
Judicial Officer: Mejia, Lorenzo
Hearing Time: 11:00 AM
Cancel Reason: Other

08/03/2020 Hearing - Trial Readiness
Judicial Officer: Cromwell, Laura
Hearing Time: 10:30 AM
Comment: ASSIGNED MEJIA TRIAL TL12 8/10 through 8/28 (15 DAYS)

08/10/2020 Trial - Twelve Person Jury
Judicial Officer: Mejia, Lorenzo
Hearing Time: 9:00 AM
Comment: ASSIGNED MEJIA TRIAL 8/10 to 8/28 (15 DAYS)


link: OREGON JUDICIAL DEPARTMENT - Online Records Search

 

[Niner]

Garcia - from what I can understand her 6/5 hearing was continued to 9/8.

06/04/2020 Motion - Continuance
Comment: 6/5

06/04/2020 Order - Continue
Judicial Officer: Greif, Lisa

09/08/2020 Hearing - Pre-Trial Conference
Judicial Officer: Orr, David J.
Hearing Time: 1:30 PM


Link: OREGON JUDICIAL DEPARTMENT - Online Records Search

 

[Lilibet]

Thanks for keeping me informed about this local case @Niner...all the way from Europe!

 

[Niner]

Oops - missed a couple of docket stuff since last I posted on this for Burda....

04/23/2020 Motion

04/24/2020 Order - Denial
Judicial Officer: Mejia, Lorenzo
Comment: ON OR HOUSING DEF AT OSH PENDING TRIAL

05/07/2020 Motion - Fitness

05/13/2020 Request
Comment: for Attendance of Out-of-Sate-Witness

05/13/2020 Certificate
Comment: of Judge Greif - Requesting for Attendance of Out-of-State-Witness

05/13/2020 Request
Comment: for Attendance of Out-of-State-Witness

05/13/2020 Certificate
Comment: of Judge Greif - Requesting Attendance of Out-of-State-Witness

05/14/2020 Hearing - Fitness to Proceed
Judicial Officer: Greif, Lisa
Hearing Time: 2:30 PM
Result: Held
Parties Present:
Plaintiff: State of Oregon
Deputy District Attorney: GREER, VIRGINIA M
Defendant: Burda, Daniel James
Court Appointed: HERBERT, CHRISTINE KANTAS

05/14/2020 Record - Proceedings
Comment: HGFP 05/14/20

05/14/2020 Waiver - 60 Day Rule
Judicial Officer: Greif, Lisa
Comment: Court finds good cause

05/14/2020 Order - Finding Fit to Proceed
Judicial Officer: Greif, Lisa

05/15/2020 Request - Record Proceedings
Comment: Audio request- Hearing Fitness to proceed 5/14/20

06/03/2020 Motion - Exclude Evidence
Comment: In Limine - Strickland Interrogation

06/03/2020 Motion - Exclude Evidence
Comment: In Limine - Prior Acts

06/03/2020 Motion
Comment: To Compel

06/23/2020 Hearing - Motion
Judicial Officer: Mejia, Lorenzo
Hearing Time: 9:00 AM
Comment: 2 motions In Limine & Motion to Compel

08/03/2020 Hearing - Trial Readiness
Judicial Officer: Cromwell, Laura
Hearing Time: 10:30 AM
Comment: ASSIGNED MEJIA TRIAL TL12 8/10 through 8/28 (15 DAYS)

08/10/2020 Trial - Twelve Person Jury
Judicial Officer: Mejia, Lorenzo
Hearing Time: 9:00 AM
Comment: ASSIGNED MEJIA TRIAL 8/10 to 8/28 (15 DAYS)


link: OREGON JUDICIAL DEPARTMENT - Online Records Search

 

[Niner]

Thanks for keeping me informed about this local case @Niner...all the way from Europe!

You are quite welcome!

 

[Niner]

Lawyers seek sealed testimony in homicide case

June 17, 2020
Defense lawyers representing a man charged with manslaughter in the death of Phoenix resident Dennis W. Day are asking the court to unseal testimony made last summer by a woman charged with stealing the dead man’s car.

Court-appointed defense lawyers representing Daniel James Burda, 37, say that in order to effectively prepare for cross-examination in the death Day, a former child actor best known for his role as a Mouseketeer on the “The Mickey Mouse Club” TV show, they need access to a recording made by witness Lori Ann Declusin under oath during a grand jury hearing, according to a Monday filing in Jackson County Circuit Court.

“There is no question the witness testimony is material in this trial,” defense lawyer Christine Herbert wrote in the Monday motion.
[.....]
Court records show that Declusin, who lived in White City last summer, now lives in Anchorage, Alaska, and that she is wanted by the District Attorney’s office as a witness in Burda’s trial.

Burda’s trial is scheduled to start Aug. 10 and last for 15 days, according to court records.

Herbert’s June 15 filing states that Declusin was previously interviewed by police, and that the defense has that recording; however, without the second recording prosecutors have a “tactical advantage.”

The motion is one of several made by Herbert and defense lawyer John Hamilton over the past two weeks, court records show.
[.....]
A judge will rule on the motions at a hearing scheduled for June 23, court records show.

 

[Niner]

Tuesday, June 23rd:
*Motions Hearing (@ 9am PT) - OR – Dennis W. Day (76) (former original Disney Mouseketeer, Phoenix, missing July 15, 2018, found April 4,2019, ID’ed Jun 6, 2019) – for *Daniel James Burda (36) arrested & charged (7/5/19) & arraigned (7/17/19) with 2nd degree manslaughter, 2nd degree criminal negligent homicide, 2nd degree abuse of a corpse, 3rd degree criminal mistreatment, 6 counts of aggravated identity theft, fraudulent use of credit card & 2nd degree theft. Plead not guilty. $150K Bond.
Was handyman for Day. Day’s car found 200 miles away on Oregon coast on 7/26/19. Day’s partner Caswell died in Sept., 2019.
Trial set to begin on 8/10/20 (thru 8/28-15 day trial).
Court info from 7/5/19 thru 9/6/19 reference post #176 here:
Found Deceased - OR - Dennis Day, 76, former original Disney Mouseketeer, Phoenix, Jackson Co, 15 July 2018 *Arrest*
11/14/19 Update: Pretrial conference hearing continued to 12/16. Settlement hearing on 11/21 has been cancelled. 11/27/19: Psychological Evaluation: Able to Aid & Assist. 12/16/19: Next pretrial hearing on 1/27/20.
1/27/20 Update: Next Pretrial conference hearing on 2/18. Hearing rescheduled to 2/19. 2/19/20: Next pretrial conference hearing on 4/20. Trial Readiness hearing on 8/3 & trial starts on 8/10/20. 4/15/20 Update: Due to the coronavirus pretrial conference hearing on 4/20 has been cancelled. Next trial readiness hearing on 8/3. 5/14/20: Judge finds Burda competent to stand trial. Next Motions hearing on 6/23 re 2 motions In Limine & Motion to Compel. And to vacate protective order. 6/15/20: Defense attorneys are asking the court to unseal testimony made last summer by a woman (Lori Ann Declusin) charged with stealing the dead man’s car. The motion is one of several made by Christine Herbert & defense lawyer John Hamilton over the past two weeks.
*Wanda Diane Garcia (57) – Pretrial conference hearing on 9/8/20.
*Lori Ann Declusin – Pretrial hearing on 8/6/19 Jackson County: Failed to appear warrant issued. Next arraignment hearing Douglas County on 8/29/19. Failed to appear. Next Jackson County hearing on 9/17/19: Failed to appear-FTA warrant issued. 9/30/19: Jackson County: Failed to appear-Warrant out. 11/1/19 Update: Douglas County: Indictment & arrest warrant filed. She is wanted as a witness in Burda’s trial, according to filings by the Jackson County District Attorney’s Office. 11/5/19: $10K warrant out for her arrest. No update in court site as of 6/23.

 

[Niner]

for Burda:

06/23/2020 Hearing - Motion
Judicial Officer: Mejia, Lorenzo
Hearing Time: 9:00 AM
Result: Held
Comment: 2 motions In Limine & Motion to Compel
Parties Present:
Plaintiff: State of Oregon
Deputy District Attorney: GREER, VIRGINIA M
Deputy District Attorney: Bailey, Jordan P
Defendant: Burda, Daniel James
Court Appointed: HERBERT, CHRISTINE KANTAS
Court Appointed: HAMILTON, JOHN A

06/23/2020 Hearing - Motion
Judicial Officer: Mejia, Lorenzo
Hearing Time: 9:00 AM
Result: Held
Comment: to Vacate Protective Order
Parties Present:
Plaintiff: State of Oregon
Deputy District Attorney: GREER, VIRGINIA M
Deputy District Attorney: Bailey, Jordan P
Defendant: Burda, Daniel James
Court Appointed: HERBERT, CHRISTINE KANTAS
Court Appointed: HAMILTON, JOHN A

06/23/2020 Record - Proceedings
Comment: HGMO 7/23/2020
[had to look this up: HGMO: Hearing – Motion(s)]

06/23/2020 Motion
Comment: to Seal - Response by DEF to Motion in Limine - Prior Acts

06/23/2020 Order
Judicial Officer: Mejia, Lorenzo
Comment: to Seal

06/23/2020 Pending - Under Advisement
Judicial Officer: Mejia, Lorenzo
Comment: Motion in Limine to Exclude Evidence-Prior Acts Def Motion in Limine to Exclude Evidence-Strickland Interrogation & State Motion to Seal

06/23/2020 Record - Proceedings
Comment: HGMO 6/23/2020

06/23/2020 Order - Vacate
Judicial Officer: Mejia, Lorenzo
Comment: to Vacate Protective Order Regarding Grand Jury Witness

06/23/2020 Request - Record Proceedings
Comment: HGMO 6/23/20- Audio CD

08/03/2020 Hearing - Trial Readiness
Judicial Officer: Cromwell, Laura
Hearing Time: 10:30 AM
Comment: ASSIGNED MEJIA TRIAL TL12 8/10 through 8/28 (15 DAYS)

08/10/2020 Trial - Twelve Person Jury
Judicial Officer: Mejia, Lorenzo
Hearing Time: 9:00 AM
Comment: ASSIGNED MEJIA TRIAL 8/10 to 8/28 (15 DAYS)


link: OREGON JUDICIAL DEPARTMENT - Online Records Search


hmmm.... on this comment above:
06/23/2020 Record - Proceedings
Comment: HGMO 7/23/2020
[had to look this up: HGMO: Hearing – Motion(s)]

It seems to say - that there will be a motion hearing on 7/23/20, but it is not listed as happening in the docket. It shows 8/3 as the next hearing. Maybe.... a typo by the clerk - as the other ones say : HGMO 6/23/20.

Would do you all think? I'll put it on 7/23 just in case... and will check on it later.

 

[Lilibet]

New details about Dennis Day’s death. Cause of death still unknown.

New details revealed in death of former Disney Mouseketeer - KOBI-TV NBC5 / KOTI-TV NBC2

 

[Niner]

quite a few updates on Burda & I missed a few hearings. Looks like he got released from jail.

Burda:

06/29/2020 Motion
Comment: to Seal DEF's supplemental response

06/29/2020 Response
Comment: Supplemental Argument in Support of Motion in Limine to Suppress Mr. Strickland's Interview

07/01/2020 Order
Judicial Officer: Mejia, Lorenzo
Comment: To Seal

07/01/2020 Motion
Comment: to Seal State's Response to DEF's Response Memo

07/01/2020 Order
Judicial Officer: Mejia, Lorenzo
Comment: to Seal

07/02/2020 Response
Comment: to DEF's Response Memo

07/07/2020 Hearing - Motion
Judicial Officer: Mejia, Lorenzo
Hearing Time: 1:30 PM
Result: Held
Parties Present:
Plaintiff: State of Oregon
Deputy District Attorney: GREER, VIRGINIA M
Defendant: Burda, Daniel James
Court Appointed: HERBERT, CHRISTINE KANTAS
Court Appointed: HAMILTON, JOHN A

07/07/2020 Record - Proceedings
Comment: HGMO 7/7/2020

07/07/2020 Request - Record Proceedings

07/08/2020 Request - Record Proceedings
Comment: John Hamilton requesting 6/23/20 & 7/7/20 hearings JTK0vjdvLNNvBDUzM5vbhZ

07/09/2020 Hearing - Motion
Judicial Officer: Mejia, Lorenzo
Hearing Time: 2:30 PM
Cancel Reason: New Proceeding

07/10/2020 Request - Record Proceedings
Comment: Erin E. Gould Req. 6/23/20 & 7/7/20 Hearing-Motion kGIGSRbazgg5peirefkZAi

07/14/2020 Order
Judicial Officer: Mejia, Lorenzo
Comment: TO EXCLUDE EVIDENCE

07/15/2020 Appearance
Judicial Officer: Mejia, Lorenzo
Hearing Time: 11:00 AM
Result: Held
Parties Present:
Plaintiff: State of Oregon
Deputy District Attorney: GREER, VIRGINIA M
Defendant: Burda, Daniel James
Court Appointed: HERBERT, CHRISTINE KANTAS

07/15/2020 Motion - Continuance
Comment: 8/10 Trial to PT

07/15/2020 Order - Setting Bail Security
Judicial Officer: Mejia, Lorenzo
Comment: OR ***Intensive***

07/15/2020 Order - Continue
Judicial Officer: Mejia, Lorenzo
Comment: TRIAL

08/03/2020 Hearing - Trial Readiness
Judicial Officer: Cromwell, Laura
Hearing Time: 10:30 AM
Cancel Reason: Continued
Comment: ASSIGNED MEJIA TRIAL TL12 8/10 through 8/28 (15 DAYS)

08/10/2020 Trial - Twelve Person Jury
Judicial Officer: Mejia, Lorenzo
Hearing Time: 9:00 AM
Cancel Reason: Continued
Comment: ASSIGNED MEJIA TRIAL 8/10 to 8/28 (15 DAYS)

12/07/2020 Hearing - Pre-Trial Conference
Judicial Officer: Mejia, Lorenzo
Hearing Time: 1:30 PM


link: OREGON JUDICIAL DEPARTMENT - Online Records Search

 

[Niner]

Mouseketeer homicide trial postponed, suspect released from jail

July 15, 2020

A man charged with manslaughter in the death of a former child actor who lived in Phoenix was released from jail Wednesday, and his trial won’t start until December at the earliest.

Daniel James Burda, 37, was ordered released from the Jackson County Jail while the Jackson County District Attorney’s office appeals a judge’s ruling from earlier this week that dramatically restricts the evidence they’ll be able to present to a jury, Jackson County Circuit Court filings show.
[.....]
Jackson County Circuit Court Judge Lorenzo Mejia ordered Burda be released with conditions that include intensive check-ins, GPS monitoring, not to contact alleged victims or witnesses, not to consume alcohol or intoxicants, to stay in contact with his defense lawyers, and to stay away from Day’s former home on Pine Street in Phoenix.

 

[Niner]

Garcia:

09/04/2020 Motion - Continuance
Comment: re 9/8 Pretrial Conference

09/04/2020 Order - Continue
Judicial Officer: Greif, Lisa

11/02/2020 Hearing - Pre-Trial Conference
Judicial Officer: Orr, David J.
Hearing Time: 1:35 PM


link: OREGON JUDICIAL DEPARTMENT - Online Records Search

 

[Lilibet]

Mouseketeer homicide trial postponed, suspect released from jail

July 15, 2020

A man charged with manslaughter in the death of a former child actor who lived in Phoenix was released from jail Wednesday, and his trial won’t start until December at the earliest.

Daniel James Burda, 37, was ordered released from the Jackson County Jail while the Jackson County District Attorney’s office appeals a judge’s ruling from earlier this week that dramatically restricts the evidence they’ll be able to present to a jury, Jackson County Circuit Court filings show.
[.....]
Jackson County Circuit Court Judge Lorenzo Mejia ordered Burda be released with conditions that include intensive check-ins, GPS monitoring, not to contact alleged victims or witnesses, not to consume alcohol or intoxicants, to stay in contact with his defense lawyers, and to stay away from Day’s former home on Pine Street in Phoenix.

I can’t imagine that Burda will comply with these conditions, especially regarding alcohol or intoxicants. Where is he going to live? I think he was pretty much homeless before Dennis took him in. He will either disappear into the homeless population, leave the area, GPS notwithstanding, or be arrested for violating the conditions and end up back in jail. Stay tuned for updates.