Motion refers to suspect’s rights
The attorney for a man charged with lying to police when he told police his car was stolen wants to force state prosecutors to offer his client admission to the Accelerated Rehabilitative Disposition (ARD) program. In a motion filed Monday in Fayette County Court, attorney Mark F. Morrison wrote that a refusal to admit Robert Breakiron Jr. to the pretrial diversionary program could be a violation of his constitutional rights.
On Oct. 19, 2003, Breakiron, a former county adult probation officer and son of Magisterial District Judge Robert Breakiron Sr., allegedly told state police that his BMW was stolen from the garage of his Connellsville home. However, as the day unfolded and authorities investigated the theft, police alleged Breakiron changed his story, claiming that he was drinking and wrecked his car at the intersection of Crawford Avenue and Breakneck Road in Connellsville.
Police said Breakiron told them he lied about the theft because he was concerned about his job as an adult probation officer, which he ultimately lost after charges were filed.
Breakiron was charged with false reports and unsworn falsification.
In November 2004, Morrison filed a pretrial motion asking that the charges be dismissed. Judge Gerald R. Solomon denied the motion, and Morrison appealed to the state Superior Court. That court upheld Solomon’s decision earlier this year.
The motion, and two attached letters from state Deputy Attorney General L. Todd Goodwin, indicated that state prosecutors were willing to recommend Breakiron go into the ARD program if he did not file any pretrial motions.
“Making ARD contingent upon a defendant not exercising his constitutional rights is an improper reason” for excluding him from admission to the program, Morrison wrote.
He said that the contingency “has a chilling effect on the pretrial rights of every defendant as each shall have to accept ARD even though they may have a valid pretrial issue that could dispose of the case without the time and expense of an ARD.”
Morrison also indicated that Breakiron would be eligible for ARD because he does not have a prior record.
“Unless this is a fixed and stated policy that is enforced by the attorney general’s office on every ARD eligible defendant, we will be in a situation where some defendants will have the contingency while others will not and which clearly violates the equal protection envisions by our criminal justice system,” Morrison wrote.
A May 16 letter from Goodwin to Morrison confirms that Breakiron was offered admission to the ARD program, “with the caveat that any pretrial motions filed by defendant would eliminate him from further ARD consideration.”
In the letter, Goodwin offered to withdraw the unsworn falsification charge if Breakiron pleaded guilty to false reports.
The letter indicated that Goodwin would agree to a probationary sentence.
An Aug. 24 letter from Goodwin to Morrison indicated that he received an ARD application filed on Breakiron’s behalf.
“After review of said application by my superiors, their position remains unchanged regarding their previous denial of Mr. Breakiron’s request for ARD. Therefore, Mr. Breakiron will not be offered ARD,” Goodwin wrote.
The motion has yet to be assigned to a judge to determine its merits.
After the motion was filed, Morrison requested a two-month continuance on Breakiron’s behalf, citing health issues on his part. Solomon, who was serving as this month’s plea judge, granted the request to continue the trial until November.