Daniel James Burda

A man accused of crimes related to the death of former child actor Dennis Day in Phoenix won’t face a jury in Jackson County Circuit Court in January.

Daniel James Burda, 41, of Phoenix, was supposed to go on trial Jan. 22-26, 2024, for criminal charges related to the July 15, 2018, death of Day. The trial dates had been scheduled as far back as February.

Court filings from last week show that attorney Justina Lara replaced John Hamilton as co-counsel for Burda in the case. Christine Herbert, Burda’s lead defense attorney, requested the proposed trial date be canceled and that a new hearing be set so Lara can have more time to review the case. Judge Kelly Ravassipour approved Herbert’s motion.

Herbert could not be reached for comment.

Denise Norris, Day’s niece who lives in California, expressed irritation over the trial’s delay.

“We’ve been disappointed throughout this case so many times,” Norris said. “We were looking to finally seeing this trial go through. Now we don’t even know when it will happen, or if it will happen.”

Norris and her family are suing the Phoenix Police Department, alleging the agency mishandled the investigation into Day’s death. That civil case won’t go to trial until at least May 21, 2024, because the parties would like Burda’s case to resolve first.

“(The civil case) is not our focus right now. It’s just an afterthought,” Norris said. “Right now, we really want to see this (criminal) trial get done.”

Burda’s next court appearance in the Day case is scheduled for 9 a.m. Jan. 8.