MEMPHIS, Tenn. — The man charged with kidnapping and killing Memphis mother and teacher Eliza Fletcher in 2022 has agreed to an 80-year sentence after being found guilty for the 2021 rape of Alicia Franklin.
Cleotha Abston was convicted April 12, 2024, of aggravated rape, aggravated kidnapping and possession of a weapon in commission of a felony in the widely-publicized 2021 case, which highlighted significant delays in rape kit testing in Memphis cases.
During a hearing on May 17, Abston waived his right to a sentencing hearing and agreed to the maximum sentence of eight decades behind bars for all counts in the Franklin case. The sentence breaks down to 40 years for the rape, 20 years for the kidnapping, and 20 years for the gun charge, all to run consecutively.
Judge Lee Coffee said when determining that the sentence would run consecutively for the counts, he took into account Abston's long criminal history and several disciplinary incidents while he has been in custody, including indecent exposures and possessing drugs and weapons.
By waiving the sentencing hearing, the judge said Abston will not be able to appeal his sentence but can still appeal the trial and verdict itself in the Franklin case.
"This is effectively a life sentence for Mr. Abston given his present age," said Shelby County Deputy District Attorney Paul Hagerman. "This is the maximum sentence we could ask for. This is the maximum sentence the judge could give him."
When asked why Abston would agree to waive the sentencing hearing, Hagerman said, "This was a matter of the writing was on the wall. His history speaks for itself."
"We wanted to avoid the circus," said Abston’s attorney Juni Ganguli.
The defense attorneys said they will file a motion for a new trial and work on appeals in the Franklin case.
"I do not believe Cleotha raped or kidnapped Alicia Franklin. I don't care what the jury said," said Ganguli. "I respect it. I understand how they could arrive at it, but I respectfully disagree."
The 2021 case
During the trial, Franklin testified she and Abston met on the dating app Plenty of Fish in 2021 and made arrangements to get dinner. Testimony showed Franklin told Memphis Police they had discussed exchanging sex for money previously, but there were no plans for the two to have sex that night. When she arrived at Abston’s Hickory Hill apartment, Franklin claims Abston put a gun to her neck and forced her into his car, where he raped her.
Prosecutors said Franklin took immediate action, calling and reporting the incident to a friend who was a police officer and going to Regional One.
Eliza Fletcher’s murder
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.