Another delay granted in Abbott murder trial
Floyd Superior Court Judge Bryant Durham has granted another continuance for the murder trial of Emerson Mack Abbott Jr., 30, who is charged with the January 2015 murders of James and Myra Reeves on Terhune Road.
The latest continuance was sought by defense counsel Wade C. Hoyt III, who suffered a detached retina back in November of 2016 and had surgery on the eye in May.
“Hopefully this will be the last one ( continuance),” Hoyt told the judge. “They won’t fit me with glasses until my eye heals.”
Durham told both sides he would review the status of Hoyt’s ability to proceed on Sept. 15.
“I’m not setting that as a trial date, we’ll just see where things are,” Durham said.
Assistant District Attorney Natalee Staats expressed concern about the health of one of the prosecution witnesses, prompting Judge Durham to order that the lawyers take a deposition from that witness as soon as it can be arranged.
Staats also said she was a little concerned about the potential for Abbott to raise an issue related to his constitutional right to a speedy trial.
“I don’t want to set another trial date until we know Mr. Hoyt can go forward,” Staats said. Durham asked Hoyt if his son Wade C. Hoyt IV couldn’t help with the case.
“They (Abbott’s family)
hired the firm and he can certainly assist on some things,” Durham said.
Hoyt III said not only was reading the case file a problem at this point, but if the case were to go forward now, “I can’t even read my notes very well.”
Before adjourning the hearing, Durham had words for the victims’ family.
“If he (Abbott) was tried and convicted there is a chance there would be a certain amount of jail t i me,” Durham said. “He’s going through the same thing right now. I don’t know if that’s any consolation to you.”
A friend discovered the victims’ bodies in their 49 Terhune Road home on Jan. 23, 2015.
Abbott was initially ar- rested Feb. 12, 2015, on theft charges for taking $ 7,500 for work at the home that he never intended to finish. He was arrested on two murder charges Feb. 24.
Abbott is also charged with aggravated battery, aggravated assault, riot in a penal institute, theft by shoplifting and financial transaction card fraud.