The defense and the prosecution decided it would be in the best interest of both parties to postpone the preliminary examination until more information surfaces.

Burks is charged with first-degree homicide and child abuse in relation to the death of his 6-month-old son.

Burks said he had nothing to say and would defer all questions to his attorney, Mike O’Briant.
O’Briant said because of the tragedy of the incident, Burks might not be in the proper state of mind to be able to assist O’Briant in the trial.

O’Briant requested the preliminary examination be pushed back until Burks can be evaluated for any cognitive issues he might have.

“Because of the mere fact that his son died, I think (Burks is) too distraught from the loss of his son to really make decisions at this point,” O’Briant said.

The preliminary examination for the trial was set for April 8 but will be postponed until Burks — who has been detained since his arraignment March 29 — has been evaluated properly.

Ingham County Assistant Prosecutor Bill Crino also motioned for a suspension of the pretrial hearing until more extensive discoveries are made in regard to the case.

Crino said he understood Burks’ capacity to testify might be compromised and he said the prosecutor’s office felt Burks still is too much of a threat to be released.

“He is a threat to both children in that house and children in the community so I ask that the bond be set very high,” Crino said. “We believe that this would be a no-bond situation.”

Jordan said Burks was found possessing drug paraphernalia in Alabama a few years ago and has a past history indicating he might have mental issues.

Because of the horrific allegations related to this case, Jordan decided to continue his motion of no bond.

This ruling is standard in open murder cases and was out of Jordan’s hands, O’Briant said.

O’Briant said Burks’ family is eager to have him back and was disappointed by the bond ruling. If the case does not go to trial within the allotted 180-day period, he might have a chance to leave on bond, O’Briant said.

“Mr. Burks is innocent until proven guilty,” he said. “His wife and sister (were in the courtroom; he has) people who care about him.”

Staff writer Lauren Gibbons contributed to this report.