Breakiron’s attorneys file to withdraw representation months before homicide retrial
The court-appointed attorneys for a Hopwood man awaiting retrial in a 1987 homicide case want a Fayette County judge to let them withdraw from the case.
Mark Breakiron, 55, is charged with stabbing Saundra Martin. His first-degree murder conviction and life sentence were overturned several years ago — and his retrial was supposed to start in February.
Earlier this month, however, court-appointed attorneys Dianne Zerega and Samuel Davis filed paperwork in which they said they can no longer effectively represent Breakiron. The attorneys indicated in the filing that Breakiron filed a petition himself, calling their representation ineffective.
That petition being filed made it clear to Davis and Zerega that Breakiron was unwilling to discuss trial strategy or issues with them.
“A conflict has developed to such a degree between present counsel and (Breakiron) that counsel are unable to proceed effectively for this defendant,” according to the motion. “The defendant, by his continued statements and actions, has effectively discharged the services of present counsel.”
Breakiron, who admitted to stabbing Martin but contended he was too drunk to form the intent necessary for first-degree murder, had his conviction overturned in 2011. 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.
Davis and Zerega were appointed to represent Breakiron in July 2011.
A hearing on the matter is scheduled to take place in during motions court on Thursday at 9 a.m. before Judge Steve P. Leskinen. Breakiron is currently lodged at the State Correctional Institution at Greene.