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 Court'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, 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".
The prison doctor who quoted Abbott as saying he couldn't admit guilt because of the effect it would have on his mother was Dr.David G. Schmidt, the Chief Psychiatrist at the prison. Dr. Schmidt was born in Russia and had a long career at the prison and on several occasions made controversial statements about condemned men and women having confessed their crimes to him. Shortly after Abbott's execution his widow married the lead detective who had investigated the murder.
Read more about this topic: Burton Abbott
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