Page 30 The Dispatch/Maryland Coast Dispatch November 8, 2013 Accused Killer Stays InWorcester Pending Appeal By SHAWN J. SOPER NEWS EDITOR SNOW HILL – Accused killer Matthew Burton will remain behind bars in Worcester County indefinitely after immediately appealing a Circuit Court judge’s denial of his motion to stay his extradition to Delaware to face first-degree murder charges for the death of a Millsboro woman. Burton was originally indicted by a Worcester County grand jury in first-degree murder and first-degree rape charges for the death of Nicole Bennett, 35, of Millsboro, whose body was found on a roadside embankment in Whaleyville in June 2012. However, in August, Delaware State Police announced they were charging Burton after evidence discovered during a thorough investigation indicated the crime was committed in Delaware. As a result, the case against Burton in Worcester was dropped and he was formally indicted on the same charges in Delaware. However, Burton remains in the custody of the Worcester County Jail this week after yet another attempt at fighting extradition to Delaware was denied by retired Worcester County Circuit Court Judge Theodore Eschenberg on Monday. Burton’s attorney filed a motion to stay the extradition to Delaware and filed for a writ of habeas corpus that would prevent moving him from Worcester to Delaware. Eschenberg denied both the motion to stay the extradition and the writ of habeas corpus, essentially opening the door for his transfer to Delaware. However, Burton immediately filed an appeal to the Maryland Court of Special Appeals, which will now take up the extradition issue. As a result of the appeal, which could presumably take weeks to be heard, Burton will remain in custody in Worcester until the appeal is heard and ruled upon. “The habeas corpus statute provides for an automatic appeal right to the Court of Special Appeals, so naturally nearly 100 percent of the denials file their petitions,” said Deputy State’s Attorney for Worcester County William McDermott. “The Attorney General will now represent the state’s interests at the Court of Special Appeals, while Matthew Burton is housed at the Worcester County Jail.” Burton is charged with first-degree murder and first-degree rape in the death of Nicole Bennett, 35, of Millsboro, whose body was found on a roadside embankment near Whaleyville in northern Wor- MATTHEW BURTON cester County on June 15, 2012. Burton, a registered Tier I sex offender in Delaware, worked as a custodian in the church where the victim also worked and where she was last seen the night before her body was discovered. Shortly before 9 a.m. on June 15, Worcester Central received a 911 call reporting the discovery of a body of a deceased woman on an embankment off Swamp Road, a dirt road east of Nelson Road, near Whaleyville. DNA evidence gathered by crime scene technicians from the Maryland State Police Forensic Sciences Division ultimately connected Burton to the crime. After the investigation and DNA evidence connected Burton to Bennett’s murder, detectives consulted with the Worcester County State’s Attorney’s Office and a warrant for his arrest was obtained. Around 7:15 p.m. on July 7, the U.S. Marshal’s Task Force, a warrant apprehension team, located Burton driving on Route 1 near Rehoboth Beach. Salisbury Looks To Clarify ‘Blight’ Definition By TRAVIS BROWN STAFF WRITER ✥✍❜✎✌✗✆✌ ✤✆✢✆✆❜ ST. MARY STAR OF THE SEA/HOLY SAVIOR PARISH Father Connell Parish Center 1705 Coastal Hwy., Ocean City, Md. Friday, Nov. 22, 11 a.m.-7 p.m. Saturday, Nov. 23, 11 a.m.-7 p.m. Sunday, Nov. 24, 11 a.m.-1 p.m.: SALISBURY – Officials are looking to hammer down an exact definition for “blight” in the city of Salisbury to better marshal cases of rubbish, abandoned properties and other disturbances. “As the town ages, blight is more of a concern and our code is somewhat antiquated,” said Susan Phillips, acting director of Neighborhood Services. The issue has been growing steadily as more properties fall into disrepair. “Within the past few years, we’re having more and more properties become abandoned,” she said. But a recent Housing Board case did put a spotlight on the city’s lack of a blight definition. The project involved construction at the old mall. Excess materials were left on the property from that construction but the board ruled that they could- n’t be considered blight as Salisbury did not have that term properly defined. “They said clearly we do not have a definition of blight and that hurt us tremendously in that case,” said Phillips. While the case put the issue in contrast, Acting City Administrator Tom Stevenson stressed that Salisbury has needed a definition for blight on the books for years. “In fact, this request for a definition for blight goes back at least two years … It’s not about the recent appeal,” he said. The issue might seem as simple as flipping open a dictionary, but the council was wary of the underlying consequences. “What we want to be careful with is that we don’t set something up that the definition is so broad that we wind up setting up an opportunity for the abuse of condemnation or eminent domain takings because that gets ugly real quick,” said coun- cilmember Terry Cohen. She further asked “at what point do you have to prove that there is a detriment or a risk to public safety” for something to be considered blight? There was also the question of exceptions to the rule. An active construction site, for example, might leave materials out in a manner that could be classified as blight, but is only temporary and a necessary part of the construction process. However, giving all ongoing construction projects a blanket exception could easily be abused. “My only concern would be even at an active construction site you could have some irresponsible conditions that would create blight. You wouldn’t want to give them a free pass to do that,” said City Attorney Mark Tilghman. The council decided to ask the administration and legal team to hammer out a plan for review at the next work session later this month. JOIN US FOR AN ALL-YOU-CAN-EAT BREAKFAST 8 A.M.-NOON BUY • SELL • TRADE Gold And Silver Prices Are Very High! 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