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Lawyer 'effectively removed'

Colin Abbott
Attorney out until he's proved to be qualified

A Butler County judge Thursday “effectively removed” the defense attorney representing Colin Abbott — the New Jersey man accused of murdering his wealthy father and stepmother.

And Judge William Shaffer put a hold on court requests already filed on Colin Abbott's behalf until the defendant's current attorney proves he is qualified to handle a death-penalty case or the defendant gets a new attorney.

Prosecutors believe Colin Abbott, a 41-year-old New Jersey landscaper, murdered his father Kenneth Abbott, 65, and stepmother Celeste Abbott, 55, to conceal ongoing thefts and inherit the couple's multimillion dollar estate.

Colin Abbott, charged with two counts each of homicide and abuse of a corpse, could face the death penalty if convicted.

Since the day Colin Abbott was charged, he has been represented by Butler attorney James Donohue.

But Assistant District Attorney Ben Simon, leading the prosecution, officially questioned if Donohue meets state education and experience requirements to be lead counsel in a capital case.

The state Supreme Court mandates what experience and education qualifications a lawyer must have to be the lead attorney in a capital case.

And the Pennsylvania Continuing Legal Education Board, PACLE, maintains a list of lawyers qualified for death-penalty cases on its Internet site.

Donohue's name is not listed.

But in court Thursday, the judge said Donohue has provided the PACLE board with proof that he has met his requirements, and the board has “not yet” posted his name.

Until Donohue is deemed qualified, the judge withdrew Donohue's appearance from the case and put a stay on two motions Donohue already filed on Colin Abbott's behalf: One asks Shaffer to throw out the entire case against Colin Abbott. The other motion asks that prosecutors be more specific about what they are alleging Colin Abbott did.

The first defense request, called a “habeas corpus,” claims the prosecution's evidence didn't meet the standard necessary to proceed past a preliminary hearing.

Specifically, the request alleges the murder charges should be dismissed because the prosecution never demonstrated a cause and manner of death for Kenneth and Celeste Abbott. And further, the habeas corpus alleges the remaining charges should be dismissed because prosecutors failed to link Colin Abbott to the abuse of Kenneth and Celeste Abbott's corpses.

The second defense request, called a “request for bill of particulars” claims the prosecution's paperwork has been so vague that it prevents the defendant from, among other things, preparing his defense or possibly identifying an alibi.

The 17 specific details the defense requested include identifying the exact date, time and locations the alleged offenses took place as well as the course and manner of death for both Kenneth and Celeste Abbott.

Those two motions are still on the record as pending, but the judge said no action will be taken on them until the attorney matter is resolved.

The judge set Dec. 5 as Colin Abbott's next court date.

Meanwhile, the judge told Colin Abbott he has the right to hire an attorney or apply for a public defender.

Colin Abbott acknowledged that he understood what the judge was saying, but made no comments in court.

Numerous lawyers, members of the media, Butler County Judge Timothy McCune and Colin Abbott's mother, Deborah Buchanan of New Jersey, watched the hearing.

Attorneys, citing a gag order already issued by President Judge Thomas Doerr, refused comment afterward.

Buchanan, who sat behind her son during the hearing, answered only “yes” or “no” when questioned by the media.

In her responses, Buchanan indicated that she supports her son and believes he is innocent.

Shaffer's decision to withdraw Donohue's appearance in the criminal case does not affect the attorney's status as his attorney in a pending lawsuit and an Orphan's Court case related to his father's estate.

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