Man Convicted of 1998 Sex Assault Loses Appeal

BRIDGETON — A former Town Bank resident, who currently resides in South Woods State Prison here, lost a recent appeal of his conviction for an attempted rape that took place in North Wildwood 12 years ago.
In July 2000, Joseph Abbott, now 52, was convicted of attempted sexual assault, burglary and weapons offenses. He was given a 20-year prison sentence with 10 years of parole ineligibility in December 2000.
On Aug. 30, 1998, Abbott broke into a summer residence in the 300 block of E. 15th Avenue.
According to a decision by the Appellate Division of Superior Court, the victim (unidentified for privacy) was awoken in the early morning hours by the sound of the jalousies on her front door being moved. As she approached the door, she saw a crouching man suddenly get up and run away.
The victim noticed a tear in the screen and one of the jalousies had been removed. She immediately locked the door and called police.
Abbott was seen running behind a nearby motel and was apprehended by the police. He had a razor knife and an open condom in his pockets and had a bleeding cut on his finger.
Subsequent investigation revealed that Abbott had an extensive criminal record. In 1988, he pleaded guilty to two counts of burglary and was sentenced to 12 years in prison. Incarcerated for four years, he was paroled in 1992. He also had prior sexual assault arrests.
At his trial, prosecutors were allowed to introduce evidence of Abbot’s prior sexual assault convictions to establish his motive.
Although he never touched the victim, Abbott was convicted of the “attempt,” which required proof beyond a reasonable doubt that a defendant committed an act “constituting a substantial step in a course of conduct planned to culminate in his commission of the crime,” according to the decision.
The jury, therefore, likely saw the break-in, condom and knife as “substantial” steps towards the sexual assault.
Abbott argued on this appeal that his attorney did not adequately investigate his case, improperly advised him not to testify at trial, and failed to request a DNA test on the condom that was found in his pocket during his arrest.
His argument was denied.
“We are satisfied the trial court correctly rejected the arguments that defendant presented to it,” the appellate decision stated.
According to the state Department of Corrections, Abbott’s projected parole eligibility date is Dec. 11 this year and his max release date is Nov. 10, 2014.
Contact Hart at (609) 886-8600 Ext 35 or at: jhart@cmcherald.com