Burton appealing  Judge Eschenburg’s order for extradition

Burton appealing Judge Eschenburg’s order for extradition

(Nov. 8, 2013) Accused murderer Matthew Nicholas Burton is appealing a judge’s order for extradition to the Maryland Court of Special Appeals.

In Circuit Court in Snow Hill on Monday, Judge Theodore Eschenburg denied Burton’s petition for an immediate stay of extradition and ordered him to be extradited to Delaware to stand trial in the June 2012 kidnapping, rape and murder of Nicole Bennett, a mother of three who worked at the church where Burton was custodian.

Burton was arrested near Rehoboth the month following the murder and was charged in Maryland with first-degree murder and other crimes. Bennett’s body had been found in a ditch embankment near Whaleyville in Worcester County.

During the on-going investigation, investigators determined the crime occurred in Delaware, and Worcester County State’s Attorney Beau Oglesby dropped charges in this state. Charges were then filed in Delaware, but Burton remains incarcerated in the Worcester County Jail and is fighting extradition, which Gov. Martin O’Malley had approved.

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