Appeals court rules Abbott cannot get out of his plea deal
An appeals court ruled Thursday that convicted killer Colin Abbott cannot back out of his plea arrangement to two counts of murder and instead have a trial.
However, the 43-year-old New Jersey man has not exhausted his appeal options. And one of his lawyers said there will be another appeal in the near future.
Abbott pleaded no contest to two third-degree murder charges in the shooting deaths of his wealthy father and stepmother in June 2011.
Prosecutors believe Abbott killed Kenneth Abbott, 65, and Celeste Abbott, 55, as part of a plan to erase $2 million in debt to his father and to inherit the couple’s $4 million estate. Investigators found the couple’s remains burned and scattered on their 25-acre Brady Township estate July 13, 2011.
In exchange for Abbott’s plea, prosecutors dropped their intent to seek the death penalty and instead recommended his current sentence: 35 to 80 years in state prison.
But days after being sentenced, Abbott wrote a letter to Butler County Judge William Shaffer asking that the plea deal be undone and he be given a trial.
In addition to claiming he was under duress, Abbott alleged that a deteriorating relationship with one of his defense attorneys and unanswered questions about the evidence against him amounted to a “manifest injustice,” the standard to back out of a plea arrangement after sentencing.
Shaffer denied Abbott’s request, asserting that the defendant’s “demeanor and lucidity” during the plea hearings belied his claim that he was under extreme duress. Further, Shaffer wrote that even if all of Abbott’s claims were true, they still wouldn’t hit manifest injustice.
Abbott appealed to the state’s Superior Court.
A three-judge panel affirmed Shaffer’s decision, issuing an 8-page ruling Thursday.
