Breakiron retrial pushed back to November
A Hopwood man’s retrial in the stabbing death of a Fayette County waitress in 1987 has been pushed back until November.
Mark David Breakiron, 49, was previously convicted of first-degree murder in the death of Saundra Martin, who was closing Shenanigan’s Lounge in Georges Township when she was stabbed to death on April 23.
However, a federal court judge reversed his conviction after finding that prosecutors should have turned over evidence that key witness Ellis Price received unspoken considerations for his testimony against Breakiron. Prosecutors did not have a deal in place with Price for his testimony, but the federal judge found that Price did receive a break when he was not prosecuted in an unrelated matter.
Because Price’s testimony linked Breakiron to the premeditation necessary for a first-degree murder conviction, the judge reversed that conviction, and remanded the case for a new trial.
A panel of judges in a federal appeals court reversed a robbery conviction in the case earlier this year.
Breakiron, who was sentenced to death by a jury in 1988, was set to be retried next week.
However, his court-appointed attorney, Brent Peck, asked to withdraw from the case because he had represented Price in one of Breakiron’s prior appeals hearings.
Peck was to handle the guilty phase of the trial.
Attorney Dianne Zerega was appointed to handle the penalty phase of the trial should Breakiron again be convicted of first-degree murder.
Judge Steve P. Leskinen appointed attorney Samuel J. Davis to represent Breakiron in lieu of Peck.
At his 1988 trial, Breakiron did not deny that he killed Martin, but put on a defense of voluntary intoxication and diminished capacity.
His attorney argued for a third-degree murder conviction.
Price, who was in prison with Breakiron while he was awaiting trial, testified they had conversations in which Breakiron admitted that he hid until there were no patrons left at the bar, beat Martin with an ashtray and then pulled out a knife.
Price testified Breakiron told him he took Martin to a relative’s home, where he killed her.
Breakiron, however, testified Martin hit him first, and he blacked out and awoke to find her with a knife sticking out of her back.
He testified he left and returned later to put Martin’s body in his truck, and then stole the money bags.