MEMPHIS, Tenn. — The attorney for the man accused of kidnapping and killing Memphis teacher Eliza Fletcher confirmed to ABC24 that Cleotha Abston (aka Henderson) will head to trial for a separate rape case in April 2024.
This comes a day after attorney Juni S. Ganguli filed a motion for a change of venue in that rape case, asking the court to select jurors from another county because he said Shelby County jurors can’t be fair due to the Fletcher case.
In the court filing dated Oct. 10, 2023, Ganguli asked the court to select jurors from Davidson County, which is in the Nashville area, for the pending rape case where Abston is accused of raping another woman. The rape case is now set for trial on April 8, 2023. A hearing on the change of venue motion is set for Nov. 16.
After being arrested for Fletcher’s murder, Abston was charged with raping the woman in September 2021 — about a year before Fletcher was killed. He was not arrested on rape charges before Fletcher's killing because evidence from a sexual assault kit test had not been available at the time, authorities have said.
According to the court filing, the media coverage of the Fletcher case led to more interest in the rape case and “considerable publicity” from events like ‘Finish Fletcher’s Run’ in 2022 and 2023, where thousands attended.
The filing request said media coverage has been extensive for “routine” proceedings, and public social media comments on stories on local news outlet’s pages have been “overwhelmingly negative as it relates to Mr. Abston.”
It goes on to say, “Review of the Facebook pages and comments online on other social media outlets makes it clear that the public’s reaction to Mr. Abston is toxic.”
Abston’s attorney claims in the filing that the prosecution’s case against Abston in the rape case “is not strong” and the proof “is not overwhelming.” He said by picking jurors from Davidson County, Abston could be tried “on the merits of the case – not his reputation.”
Court records show the change of venue motion was filed in the rape case, but it's unclear if the motion will also serve for the Fletcher case,
Abston is expected to go on trial by the end of 2024 for Fletcher’s murder. That case was pushed back because Abston recently got two new lawyers, and they said they need more time to go through the evidence. The previous public defender for Abston withdrew from the case due to a conflict of interest.
Abston could face the death penalty if convicted of first-degree murder in Fletcher’s case.
Fletcher was running on the University of Memphis campus when police said she was forced into a vehicle after a struggle about 4 a.m. Sept 2, 2022. Investigators said her body was found Sept. 5 behind a vacant home after a massive search lasting more than three days.
U.S. Marshals arrested Abston a day after the abduction after police said they detected his DNA on a pair of sandals found near where Fletcher was last seen, according to an arrest affidavit.
Abston also faces charges of identity theft and of being a convicted felon in possession of a handgun in other cases. He also previously kidnapped a prominent Memphis attorney in 2000 when he was 16-years-old. He spent 20 years in prison for that crime.
Abston remains in jail on a bond of $2,278,500.