Matthew Burton murder trial still 6 months away

— waiting for justice — takes a look at the slow moving first degree murder case of 32 year-old matthew burton. by the time this case goes to trial — which is now set for may 8th of 2017 — nearly 5 years will have passed — since the rape and murder of nicole bennett of millsboro, delaware. last night we explained the many steps it took to get burton’s case moved to delaware — and tonight we’re picking up where we left off — with his indictment by a sussex county grand jury — and the delays that soon followed. suspenseful music playing although he’s accused of a murder and rape which happened nearly 4 and half years ago in 2012… matthew burton’s fate is still far from decided. over the past three years alone — his case changed hands many times. once burton was indicted in delaware — a superior court judge, state prosecutors, and public defenders were assigned to this case. and they were all tasked with getting up to speed as quickly as possible. a trial date was set for april 11th, 2016. however — one year before that — the delaware attorney general’s office let the court know — they were assigning a new set of prosecutors to the case. and the public defenders office saw movement, as well. three attorneys withdrew — and two were assigned. and a total of 4 judges have had this case one after another — the first 3 were assigned and withdrew for conflicts. all this shuffling — is partly to blame for the trial date being pushed back another six months. but delaware attorney – john brady – admits this happens in many legal proceedings. “we’re a small state in delaware.there are times when you have a judge that has a conflict.” judge e. scott bradley took over the case in april 2016. a year and two months after burton was extradited to the first state. in a letter to supreme court judge leo strine — bradley acknowledged that the case went over the 1 year speedy trial deadline — a right given to those accused of capital murder. bradley stated in that letter — that he was “hopeful that the trial will start on october 3, 2016.” the case file documents show — the state prosecutors did ask for time extensions, a handful of times — to respond to defense requests and motions in this case. however — it was the public defender’s office that asked for a continuance — which judge bradley granted on july 14, 2016. that — canceled out the october 3rd trial date this year. the reason why this does not interfere with the 1 year speedy trial limitation — is because of the february 2016 stay on all first degree murder cases in delaware. it ordered that all those cases be placed on hold — while the delaware supreme court decided whether the state’s death penalty statute is unconstitutional. which it did. that was six months later. this took the death penalty out of play in all pending first degree murder cases — including burton’s. but he still faces a considerable amount of time behind bars — if convicted. murder in the 1st — carries a punishment of 15 years – to life in prison 1st degree rape – also 15 to life. considering this — brady believes there is a chance the state may be working out a plea deal with the defense. “the courts are getting a little more that you try and resolve the case by making a plea offer at some point.” sad music playing he believes this might be the easiest way for the victim’s family to get closure — and avoid a painful and lengthy trial. “but i think the family would be best served if they can wrap up those outstanding motions and move the case forward either to a trial or to a plea.” we requested interviews with members of the defense and the prosecution in this case. the office of defense services declined an on-camera interview — but sent us this letter which reads: “we recognize that this case has taken a long time to get to trial and that the delay is troublesome not only to the family of nicole bennett but also to matthew burton and his family.that said, the prosecution and the defense have thus far consented to the delays.” delaware attorney general matt denn — and the prosecutors he has on this case — also turned down the opportunity to speak to us on camera — and e-mailed their own statement: “due to the upcoming trial and the restrictions on our office about what can be said regarding a pending case, it is not appropriate for anyone from d-o-j to participate in an interview about the case at this time.the department of justice has been committed to responsibly prosecuting matthew burton and achieving justice for nicole bennett and her family.our prosecutors will continue to pursue that goal, and will continue to keep ms. bennett’s family fully informed about the status of the case.” “when this much time passes, what is the concern for prosecutors?” “you may have mislaid evidence, memories disappear, you also may have police officers who have retired.” “when time takes as long as it does 4-5 years, there may be things that come up, and some witnesses could have the ultimate – they could have passed.so you may not be able to have them to be able to testify.” there are many uncertainties in this case. although a trial date is set for may — there is still the possibility of another postponement. but if the trial does go on — and if burton is convicted… what we do know for sure — is that no matter the sentence there is no early parole in the state of delaware. but there is a board of pardons – which has the power to commute sentences. “it is always within the realm of possibility. now is that realm of possibility fall down to probability? you have a better chance of being hit by lightning than getting a commutation for a murder case.” 47 abc has been covering matthew burton’s case since 2012 — and will continue to follow it — through sentencing and beyond. if you would like to see part 1 of this special report — or any of our past coverage — which includes emotional interviews with nicole bennett’s family –we have of that included in our online content under the special report banner “waiting for justice” — — on our 47 abc