Change of plea hearing scheduled Wednesday for Matthew Burton

A change of plea hearing for a Dagsboro man charged with first degree murder, rape, kidnapping and assault is scheduled for Wednesday morning in Delaware Superior Court, the court's calendar indicates.

The charges against Matthew Burton stem from the 2012 killing of Nicole Bennett, of Millsboro.

John Brady, a licensed attorney with 25 years of legal experience in the state of Delaware, says that when a change of plea appears on a calendar, it could potentially indicate that the state and the defense have worked out a plea to resolve the matter without the need for a trial. Brady says that a change would not be surprising considering that the death penalty for Burton was taken off the table after a Delaware Supreme Court decision last summer ending capital punishment.

"Change of plea hearings happen when a case has been pending for a long time," Brady said. "Motions that have been made for the court to exclude testimony are granted or denied and parties come to a conclusion that this is the best way to resolve the matter without the need to go to trial."

The case has been mired in delays, partially because the victim, Nicole Bennett, was found in Maryland.

Bennett's family last heard from her on June 14, 2012. Her body was later found in Worcester County.