Burton Abbott
Encyclopedia
Burton W. Abbott was a University of California at Berkeley
accounting student living in Alameda
, California
, who was tried for the rape
and murder
of 14-year-old Stephanie Bryan in November 1955. Although the evidence against him was entirely circumstantial, he was convicted and sentenced to death in California's gas chamber
. He was executed in March 1957. As he was being executed, a stay of execution
was telephoned to the prison. The outcome of this case raised questions whether the state has the right to execute a person based on circumstantial evidence
alone.
. A large-scale search failed to find her. Then in July 1955, Georgia Abbott, Burton Abbott's wife, reported finding personal effects which had belonged to the girl, including a purse and an ID card, in the basement of the home she shared with her husband and his mother, Elsie Abbott. In interviewing the Abbotts, the police learned that Elsie Abbott had found the purse earlier but did not connect it with the case.
Police subsequently dug up Stephanie's glasses, a brassiere
, and other evidence. No one in the family could account for how the victim's personal effects came to be in the basement. Burton Abbott stated he was driving to the family's cabin 285 miles away when Stephanie disappeared. Two weeks later the victim's body was found in a shallow grave a few hundred feet from the cabin. Shortly after, Abbott was charged with her rape and murder.
produced was circumstantial and nothing directly connected Abbott with Stephanie Bryan's death. The prosecution used emotion to overcome the lack of direct evidence by such strategies as showing the jury the rotten clothes from the victim's body and waving her brassiere and panties, making implications it could not prove. Abbott explained that in May, the basement of the house had been used as a polling site with many people having access. Although the prosecution charged attempted rape, the pathologist
testified that the body was too decomposed to evaluate it for evidence of sexual assault
.
Abbott took the stand and testified for four days, testifying in a calm and poised manner. He spoke in a soft voice and was steadfast in his denials of any knowledge of the crime. He said it was all a "monstrous frame-up". The jury
was out seven days before it returned a verdict
of guilty
of first degree murder. The judge imposed the death sentence
.
As provided by California law, there was an automatic appeal to the Supreme Court of California
. In detailed opinion describing the facts of the case and reciting the evidence that had been presented at trial, the court affirmed the conviction and sentence of death. See People v. Abbott, 47 Cal. 2d 362, 303 P.2d 730 (1956).
for over a year. On March 15, 1957, the day of the execution which was scheduled for 11:00 am, his attorney appealed to the United States Court of Appeals
, which was denied, and then tried to contact the governor of California, Goodwin J. Knight, but the governor was at sea on a naval ship and out of reach of the telephone. The attorney arranged with a TV station to broadcast a plea to the governor. At 9:02 Governor Knight granted one hour's stay by telephone. Within six minutes a writ
of habeas corpus
was presented to the Supreme Court of California
but at 10:42 am the petition was denied. The attorney tried again with an appeal to the Federal District Court but the court refused a further postponement at 10:50 am. At 11:12 am Governor Knight was reached again and agreed to another stay. At 11:15 am Abbott was led to the gas chamber
and strapped in the chair while the governor was contacting the warden by telephone. The executioner
pulled the lever three minutes later and 16 pellets of sodium cyanide
dropped into the sulfuric acid
as Governor Knight reached the prison warden to stay the execution. The warden told him it was too late, and Abbott died at the age of 29 as the governor hung up the telephone.
's refusal of a rehearing. However, the State Court set the date for Abbott's execution for two weeks before the 90-day limit. Thus, Abbott was executed with the writ still on file and, therefore, the possibility still existed that Abbott might have won a new trial.
The case also renewed the debate over the death penalty, especially when it is based on circumstantial evidence
alone.
However, it should be noted that shortly before his execution, Abbott spoke to the doctor at San Quentin. The doctor said that when he asked Abbott about the crime, he said "I can't admit it Doc, think of what it would do to my mother, she couldn't take it".
University of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...
accounting student living in Alameda
Alameda, California
Alameda is a city in Alameda County, California, United States. It is located on Alameda Island and Bay Farm Island, and is adjacent to Oakland in the San Francisco Bay. The Bay Farm Island portion of the city is adjacent to the Oakland International Airport. At the 2010 census, the city had a...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, who was tried for the rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
and murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of 14-year-old Stephanie Bryan in November 1955. Although the evidence against him was entirely circumstantial, he was convicted and sentenced to death in California's gas chamber
Gas chamber
A gas chamber is an apparatus for killing humans or animals with gas, consisting of a sealed chamber into which a poisonous or asphyxiant gas is introduced. The most commonly used poisonous agent is hydrogen cyanide; carbon dioxide and carbon monoxide have also been used...
. He was executed in March 1957. As he was being executed, a stay of execution
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
was telephoned to the prison. The outcome of this case raised questions whether the state has the right to execute a person based on circumstantial evidence
Circumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
alone.
Circumstances
Stephanie Bryan was last seen on April 28, 1955, on the way home from school taking her usual shortcut through the parking lot of the Claremont HotelClaremont Resort
The Claremont Hotel Club & Spa is a historic hotel at the foot of Claremont Canyon in the Berkeley Hills, providing the resort with scenic views of San Francisco Bay. The hotel building is entirely in Oakland, bordering Berkeley....
. A large-scale search failed to find her. Then in July 1955, Georgia Abbott, Burton Abbott's wife, reported finding personal effects which had belonged to the girl, including a purse and an ID card, in the basement of the home she shared with her husband and his mother, Elsie Abbott. In interviewing the Abbotts, the police learned that Elsie Abbott had found the purse earlier but did not connect it with the case.
Police subsequently dug up Stephanie's glasses, a brassiere
Brassiere
A brassiere is an undergarment that covers, supports, and elevates the breasts. Since the late 19th century, it has replaced the corset as the most widely accepted method for supporting breasts....
, and other evidence. No one in the family could account for how the victim's personal effects came to be in the basement. Burton Abbott stated he was driving to the family's cabin 285 miles away when Stephanie disappeared. Two weeks later the victim's body was found in a shallow grave a few hundred feet from the cabin. Shortly after, Abbott was charged with her rape and murder.
Trial
The trial was one of the mostly highly publicized in California history. The prosecution hypothesis was that Abbott had attempted to rape the victim and killed her when she resisted. Abbott pleaded not guilty. At the trial all the evidenceEvidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
produced was circumstantial and nothing directly connected Abbott with Stephanie Bryan's death. The prosecution used emotion to overcome the lack of direct evidence by such strategies as showing the jury the rotten clothes from the victim's body and waving her brassiere and panties, making implications it could not prove. Abbott explained that in May, the basement of the house had been used as a polling site with many people having access. Although the prosecution charged attempted rape, the pathologist
Pathology
Pathology is the precise study and diagnosis of disease. The word pathology is from Ancient Greek , pathos, "feeling, suffering"; and , -logia, "the study of". Pathologization, to pathologize, refers to the process of defining a condition or behavior as pathological, e.g. pathological gambling....
testified that the body was too decomposed to evaluate it for evidence of sexual assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
.
Abbott took the stand and testified for four days, testifying in a calm and poised manner. He spoke in a soft voice and was steadfast in his denials of any knowledge of the crime. He said it was all a "monstrous frame-up". The jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
was out seven days before it returned a verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
of guilty
Guilt (law)
In criminal law, guilt is entirely externally defined by the state, or more generally a “court of law.” Being “guilty” of a criminal offense means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute...
of first degree murder. The judge imposed the death sentence
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
.
As provided by California law, there was an automatic appeal to the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
. In detailed opinion describing the facts of the case and reciting the evidence that had been presented at trial, the court affirmed the conviction and sentence of death. See People v. Abbott, 47 Cal. 2d 362, 303 P.2d 730 (1956).
Execution
Abbott was incarcerated at San Quentin to await execution. His lawyers worked to commute his sentenceCommutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
for over a year. On March 15, 1957, the day of the execution which was scheduled for 11:00 am, his attorney appealed to the United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, which was denied, and then tried to contact the governor of California, Goodwin J. Knight, but the governor was at sea on a naval ship and out of reach of the telephone. The attorney arranged with a TV station to broadcast a plea to the governor. At 9:02 Governor Knight granted one hour's stay by telephone. Within six minutes a writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
was presented to the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
but at 10:42 am the petition was denied. The attorney tried again with an appeal to the Federal District Court but the court refused a further postponement at 10:50 am. At 11:12 am Governor Knight was reached again and agreed to another stay. At 11:15 am Abbott was led to the gas chamber
Gas chamber
A gas chamber is an apparatus for killing humans or animals with gas, consisting of a sealed chamber into which a poisonous or asphyxiant gas is introduced. The most commonly used poisonous agent is hydrogen cyanide; carbon dioxide and carbon monoxide have also been used...
and strapped in the chair while the governor was contacting the warden by telephone. The executioner
Executioner
A judicial executioner is a person who carries out a death sentence ordered by the state or other legal authority, which was known in feudal terminology as high justice.-Scope and job:...
pulled the lever three minutes later and 16 pellets of sodium cyanide
Sodium cyanide
Sodium cyanide is an inorganic compound with the formula NaCN. This highly toxic colorless salt is used mainly in gold mining but has other niche applications...
dropped into the sulfuric acid
Sulfuric acid
Sulfuric acid is a strong mineral acid with the molecular formula . Its historical name is oil of vitriol. Pure sulfuric acid is a highly corrosive, colorless, viscous liquid. The salts of sulfuric acid are called sulfates...
as Governor Knight reached the prison warden to stay the execution. The warden told him it was too late, and Abbott died at the age of 29 as the governor hung up the telephone.
Significance
This case demonstrates the confusion of the set of legal procedures in place regarding appeals. The federal law allows an attorney 90 days to file for a writ of certiorari after a State Supreme CourtState supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
's refusal of a rehearing. However, the State Court set the date for Abbott's execution for two weeks before the 90-day limit. Thus, Abbott was executed with the writ still on file and, therefore, the possibility still existed that Abbott might have won a new trial.
The case also renewed the debate over the death penalty, especially when it is based on circumstantial evidence
Circumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
alone.
However, it should be noted that shortly before his execution, Abbott spoke to the doctor at San Quentin. The doctor said that when he asked Abbott about the crime, he said "I can't admit it Doc, think of what it would do to my mother, she couldn't take it".