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Burton Wilbur Abbott (February 8, 1928 – March 15, 1957) was a
University of California at Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public university, public land-grant university, land-grant research university in Berkeley, California. Established in 1868 as the University of Californi ...
accounting student living in
Alameda An alameda is a street or path lined with trees () and may refer to: Places Canada * Alameda, Saskatchewan, town in Saskatchewan ** Grant Devine Dam, formerly ''Alameda Dam'', a dam and reservoir in southern Saskatchewan Chile * Alameda (Santia ...
,
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
, who was convicted in November 1955 of the
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
and
murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
of 14-year-old Stephanie Bryan. Abbott's wife discovered the evidence in their home's basement and Stephanie's body was found buried near the Abbott family's cabin. He was sentenced to
die Die, as a verb, refers to death, the cessation of life. Die may also refer to: Games * Die, singular of dice, small throwable objects used for producing random numbers Manufacturing * Die (integrated circuit), a rectangular piece of a semicondu ...
in California's
gas chamber A gas chamber is an apparatus for killing humans or other animals with gas, consisting of a sealed chamber into which a poisonous or asphyxiant gas is introduced. Poisonous agents used include hydrogen cyanide and carbon monoxide. History ...
. On March 15, 1957, a (second) one-hour
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 always mean the death penalty. It refers to the imposition of whatever judgment is being stayed and i ...
from the governor of California was communicated to the prison just moments too late to halt his execution. The case is sometimes cited when discussing the appropriateness of condemning a person based on
circumstantial evidence Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need ...
alone. However, "most criminal convictions are based on circumstantial evidence, although it must be adequate to meet established standards of proof." 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."


Murder and investigation

Stephanie Bryan was last seen on April 28, 1955, walking home from school where she went through the parking lot of the Claremont Hotel in the
Berkeley Hills The Berkeley Hills are a range of the Pacific Coast Ranges that overlook the northeast side of the valley that encompasses San Francisco Bay. They were previously called the "Contra Costa Range/Hills" (from the original Spanish ''Sierra de l ...
. A large-scale search failed to find her. In mid-July, 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 Abbotts' home in
Alameda An alameda is a street or path lined with trees () and may refer to: Places Canada * Alameda, Saskatchewan, town in Saskatchewan ** Grant Devine Dam, formerly ''Alameda Dam'', a dam and reservoir in southern Saskatchewan Chile * Alameda (Santia ...
. The basement was in the home she shared with her husband, their son Christopher, and Burton's mother, Elsie Abbott (née Moore). In interviewing the Abbotts, the police learned that Elsie Abbott had found the purse earlier, but said she did not connect it with the case. She would profess her son's innocence until she died. Police subsequently recovered Stephanie's glasses, a
brassiere A bra, short for brassiere or brassière (, or ; ), is a form-fitting undergarment that is primarily used to support and cover breasts. It can serve a range of other practical and aesthetic purposes, including enhancing or reducing the appear ...
, and other evidence in the basement. No one in the family could account for how the victim's personal effects came to be there. Burton Abbott told multiple, contradictory stories including that he had been at the family's cabin 285 miles away near Weaverville, California, in Trinity County, when Stephanie disappeared. On July 20, 1955, the victim's body was found by ''
San Francisco Examiner The ''San Francisco Examiner'' is a newspaper distributed in and around San Francisco, California, and published since 1863. Once self-dubbed the "Monarch of the Dailies" by then-owner William Randolph Hearst, and flagship of the Hearst Corporat ...
'' reporter Ed Montgomery in a shallow grave a few hundred feet from the cabin, and Abbott was charged with her rape and murder.


Trial

The trial was one of the most 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. He 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 Abbott with
attempted rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or agai ...
, the
pathologist Pathology is the study of the causes and effects of disease or injury. The word ''pathology'' also refers to the study of disease in general, incorporating a wide range of biology research fields and medical practices. However, when used in th ...
testified that the body was too decomposed to evaluate it for evidence of
sexual assault Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
. Abbott took the stand and testified for four days. He was cocky and irate 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 __NOTOC__ In the United States criminal law, a frame-up (frameup) or setup is the act of framing someone, that is, providing false evidence or false testimony in order to falsely prove someone guilty of a crime. While incriminating those who ...
". The
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England d ...
was out seven days before it returned a
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. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales ...
of guilty of
first degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
. The judge imposed the
death sentence Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
. As provided by California law, there was an automatic appeal to the
Supreme Court of California The Supreme Court of California is the Supreme court, highest and final court of appeals in the judiciary of California, courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly h ...
. In a detailed opinion describing the facts of the case and reciting the evidence that had been presented at trial, the court affirmed the conviction and the sentence of death.''People v. Abbott'', 47 Cal. 2d 362, 303 P.2d 730 (1956)


Execution

Abbott was incarcerated at
San Quentin San Quentin State Prison (SQ) is a California Department of Corrections and Rehabilitation state prison for men, located north of San Francisco in the unincorporated place of San Quentin in Marin County. Opened in July 1852, San Quentin is th ...
to await execution. His lawyers tried to appeal for over a year. On March 15, 1957, the day of the execution which was scheduled for 10:00 am, Abbott's attorney appealed to the
United States Court of Appeals United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...
and was denied. He then tried to contact the governor of California,
Goodwin J. Knight Goodwin Jess "Goodie" Knight (December 9, 1896 – May 22, 1970) was an American politician who served as the 31st governor of California from 1953 until 1959. A member of the Republican Party, he previously was the 35th lieutenant governor of ...
, but the governor was on a naval ship, out at sea, 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, now reachable by telephone, granted a one-hour stay. Within six minutes a
writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
of
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, ...
was presented to the
Supreme Court of California The Supreme Court of California is the Supreme court, highest and final court of appeals in the judiciary of California, courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly h ...
, but at 10:42 am the petition was denied. The attorney tried again with an appeal to the U.S. District Court, but that 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 A gas chamber is an apparatus for killing humans or other animals with gas, consisting of a sealed chamber into which a poisonous or asphyxiant gas is introduced. Poisonous agents used include hydrogen cyanide and carbon monoxide. History ...
and strapped into the chair while the governor was contacting the warden by telephone. The
executioner An executioner, also known as a hangman or headsman, is an official who executes a sentence of capital punishment on a legally condemned person. Scope and job The executioner was usually presented with a warrant authorising or order ...
pulled the lever three minutes later and 16 pellets of
sodium cyanide Sodium cyanide is a poisonous compound with the formula Na C N. It is a white, water-soluble solid. Cyanide has a high affinity for metals, which leads to the high toxicity of this salt. Its main application, in gold mining, also exploits its hi ...
dropped into a vat of
sulfuric acid Sulfuric acid (American spelling and the preferred IUPAC name) or sulphuric acid ( Commonwealth spelling), known in antiquity as oil of vitriol, is a mineral acid composed of the elements sulfur, oxygen and hydrogen, with the molecular fo ...
as Knight reached the prison warden to stay the execution. The warden told him it was too late, and Abbott died as the governor hung up the telephone.


References


External links


Execution 1957Historical Dictionary of the 1950s
{{DEFAULTSORT:Abbott, Burton 1928 births 1957 deaths 1955 murders in the United States American people executed for murder 20th-century executions by California 20th-century executions of American people People convicted of murder by California Executed people from Oregon American murderers of children American rapists American male criminals People executed by gas chamber