Prosecutors doubt lawyer
Prosecutors are questioning if the defense lawyer representing the man accused of killing and dismembering his father and stepmother at their lavish Brady Township homestead is qualified to handle a death penalty case.
The Butler County District Attorney’s office, in a motion filed Monday, asserted that it has not received verification, “nor does it believe” that Colin Abbott’s attorney is qualified to be the lead counsel in a capital case.
Abbott, charged with two counts each of homicide and abuse of a corpse, has been represented in civil and criminal court by James Donohue of Butler.
Prosecutors have asserted that Colin Abbott, a 41-year-old New Jersey resident, killed Kenneth Abbott, 65, and Celeste Abbott, 55, in June to conceal his ongoing thefts from them and to inherit the couple’s multimillion dollar estate.
Prosecutors last month cited those alleged felony thefts as well as the number of victims involved as the reasons they believe Colin Abbott should qualify for death penalty consideration.
The state Supreme Court mandates what experience and education qualifications a lawyer must have to be the lead attorney in a capital case.
According to the Internet site of the The Pennsylvania Continuing Legal Education Board, PACLE, those qualifications include:
• The lawyer must be in good standing with the state bar association.
• The lawyer must have at least five years of trial experience.
• The lawyer must have served in a minimum of eight significant cases that made it to a jury for deliberations. Cases that entered into plea agreements do not count.
A significant case is defined as murder, manslaughter, vehicular homicide or a felony for which the maximum penalty is 10 or more years in prison.
• During the most recent three years, the lawyer must have completed 18 hours of PACLE approved training relevant to the representation in capital cases.
The Internet site maintained by PACLE includes a list of lawyers qualified for death-penalty cases. That includes five lawyers in the county, three of whom are in the county’s public defender’s office.
Donohue’s name is not listed.
An official at PACLE did not return a telephone message left by the Butler Eagle.
Donohue, who claims he is qualified, did not comment on the prosecution’s motion or elaborate on his qualifications. In declining comment, Donohue cited a gag order issued in August by President Judge Thomas Doerr.
However, both Donohue and Assistant District Attorney Ben Simon, who wrote the prosecution’s motion, are expected to clarify their positions at a hearing Nov. 17.
A different Internet site, maintained by the state’s Supreme Court, says Donohue’s license is in good order.
Meanwhile, Colin Abbott was scheduled to appear today before Judge Timothy McCune for formal arraignment. However, Colin Abbott on Monday agreed in court documents to give up his right to a formal arraignment, which is a hearing to notify defendants of the charges he or she faces.
From now on, according to court records, Judge William Shaffer will preside over Abbott’s criminal case.
Colin Abbott remains in the county prison without bail.
