The dispute stemmed from the 1963 murder of a California Highway Patrol (CHP) officer following a bank robbery committed by Burns and two other men.
While imprisoned in Oregon, he rehabilitated himself to such a degree that at the end of his sentence, then-governor Robert W. Straub refused to return him to California.
He described his father as an abusive alcoholic who abandoned Burns, his eleven siblings, and his wife, leaving them in dire poverty.
[1] He was kicked out of his home with a fourth-grade education at eleven years old and joined the United States Army at sixteen.
[1] In November 1963, Burns and two partners, Roger Mealman and Clifford Toycen Jr., robbed a Bank of America in Sacramento, California, for $45,000.
[6][8] Officials from California had placed a detainer on him and were under the impression that Burns would be returned to them at the conclusion of that sentence, as was standard practice at the time.
He was reduced to minimal custody status and given escorted day passes to give motivational talks at schools and community centres.
The governor of Oregon, Robert W. Straub, considered him rehabilitated and refused to sign the warrant to return him to California.
[3][5] Burns remained in Oregon, living openly under his legal name and making no attempt to conceal his criminal history.
[6] Burns was arrested on fugitive warrants in 1982 and 1983, while traveling for business in Nevada and Alaska, respectively, but California officials did not follow through on these extradition attempts and nothing came of them.
Stephen Green of the California Youth and Adult Correctional Agency was quoted in 2001 as saying, "We are required by statute to pursue all fugitives," although he conceded that "previous administrations didn't look very hard.
[8] He was arrested by the Federal Bureau of Investigation on January 4, 2001, and was held in the Lane County jail in Eugene until March 23, when a lawyer paid his $10,000 bail.
Phillips suggested that Burns would not be eligible for immediate compassionate release, and it would be at least six months before a parole hearing would be held, during which he was likely to die.
[6] In April 2001, Lane County circuit judge Bryan Hodges denied Burns's motion for a stay of extradition.
Burns was returned to Medford, but officials in Jackson County refused to lodge him in their jail, citing his extreme medical issues.
[10] State Police then transported Burns back to Lane County jail, and he was eventually released with an electronic ankle monitor.
[3] In contrast, Burns's family labelled the extradition attempt "cruel and unreasonable," citing his age and serious health issues, as well as his exemplary post-prison record.
[4] Oregon authorities confirmed that Burns had not had any negative law enforcement contact since his release, not even minor infractions such as speeding tickets.