Fayette judge denies attorneys’ motion to withdraw from representing Breakiron
A Fayette County judge denied two attorneys’ request to withdraw from representing a Hopwood man who was convicted of first-degree murder, but is now awaiting a homicide retrial in February.
During a video-conference hearing on Friday, Judge Steve Leskinen denied the motion made by Uniontown attorneys Samuel Davis and Diane Zerega to withdraw themselves from Mark Breakiron’s case, claiming Breakiron has been uncooperative and has filed petitions, claiming his attorneys were ineffective.
“I have determined there’s no legal basis for them to withdraw,” Leskinen said, finding nothing in a petition that Breakiron filed on his own, claiming attorney ineffectiveness and also included a writ of habeas corpus to drop all the charges against him. “They are best qualified to represent you.”
Zerega and Davis were appointed to represent him in 2011.
Breakiron, 55, of Hopwood is charged with stabbing Saundra Martin. His first-degree murder conviction and life sentence were overturned several years ago, and he’s currently awaiting a retrial.
Before Leskinen made his decision, Davis asked him to consider Breakiron’s refusal to cooperate with him and Zerega, noting he has questioned them on their tactics, strategy and ability to prepare the defense and has muddied the attorney/client relationship to where it may prevent the two attorneys from doing their best.
“I want to do my best for every client,” Davis said.
“You need to cooperate with them,” Leskinen told Breakiron Friday, adding that he had spoken to other attorneys in neighboring counties about the case, and they either can not or will not represent Breakiron.
An issue that was brought up in Breakiron’s petition — he accused Davis of talking a Washington, D.C. attorney out of representing him — was addressed on Friday.
“There’s no truth to that whatsoever,” Davis said, adding that he did meet with the attorney before and after the attorney met with Breakiron, but that attorney made an independent decision not to represent Breakiron as Davis presented an e-mail from that attorney. “I was trying to do everything in my power to assist him in taking over the case.”
Leskinen also informed Breakiron that he had the right to represent himself with or without backup counsel, but reminded him it would be bad idea.
Breakiron responded by saying Leskinen was denying him due process, but the jurist told Breakiron he was not — and had provided him with two well-qualified attorneys.
“They will, if you cooperate with them, give you the best defense,” Leskinen said of Davis and Zerega, adding that Breakiron can’t have hybrid representation by filing petitions on his own. The judge told Breakiron he has the right to court-appointed to counsel, but said he does not have the right to pick which attorneys are assigned to the case. “I can’t give you a merry-go-round of attorneys you can choose from.”
Breakiron also wanted Leskinen to address his petition to drop all the charges against him, but Leskinen repeatedly informed Breakiron that if Breakiron doesn’t represent himself, he won’t address any issues in the petition that was not filed by his attorneys.
Breakiron indicated to Leskinen that he didn’t want to represent himself.
Breakiron, who admitted to stabbing Martin, has contended he was too drunk to form the intent necessary for first-degree murder. His conviction was overturned in 2011 after a federal judge found that Fayette County prosecutors engaged in prosecutorial misconduct during his trial. The state attorney general’s office is retrying the matter.
Breakiron’s retrial remains scheduled for Feb. 6 at the Fayette County Courthouse.
The case is being prosecuted by the state attorney general’s office, which was not represented in court on Friday.