Burns Off Fajardo Case

The man who has guided the defense of a Sioux Falls man charged with raping young women in his now closed bar has been removed from the case. Jeff Burns, the court-appointed lawyer who has represented 34-year-old Werner Fajardo, has been granted a request to be recused from Fajardo’s case. Burns told Judge Jon Erickson that he felt a conflict of interest exsisted with him representing Fajardo, because Burns recently learned he had previously represented a witness in the case. He stressed to Erickson in court and to reporters out of it, that his request was strickly related to a possilbe conflict of interest with the witness and had nothing to do with his now former client. When asked if he was ok with Burns departure, Fajardo said he was, saying he’s been in jail for nearly three months and wants the case to keep moving. Burns says he’s hopeful Erickson will get a new lawyer appointed so that attorney can get up to speed on the case. Erickson says he would have a new lawyer assigned by the afternoon. Fajardo’s trial on multiple rape, sexual contact and other charges is set for the final week in March. There is no word yet on if the trial will be delayed because of the change.  Burns has represented a number of high profile cases in Huron including the cases of Shannon Flowers, Tony Beerman and James Harris, who will be sentenced April 3rd the death of 16-year-old Zachary Eichstadt of De Smet in a fatal hit and run accident, Harris admitted he caused.