Attorneys in Fayette death penalty case argue to preclude expert report
With the upcoming homicide retrial of a Hopwood man weeks away, his court-appointed attorneys have filed motions to prevent the state’s expert testimony and to declare the death penalty unconstitutional.
Mark David Breakiron, 56, is accused of killing Saundra Martin in 1987. He was convicted of first-degree murder and sentenced to death, but his conviction was overturned several years ago due to prosecutorial misconduct. Jury selection is slated to start Feb. 6.
On Tuesday, Breakiron’s attorneys, Sam Davis, Dianna Zerega and Robert Gordon, filed a motion in Fayette County Court to prevent expert testimony from Dr. Wayne Ross, who prepared a blood-stain analysis and an injury causation report.
The motion stated that the information contained in Ross’ report should be excluded as improper and inadmissible because the report stated Martin was sexually assaulted by Breakiron.
“(Breakiron) does not stand charged with offenses sexual in nature of assault or rape,” stated the motion, adding that Ross’s conclusions are “highly speculative” and not based in acceptable science and not supported by the evidence, but Ross’ personal opinion.
The defense argued that prosecutors agreed to only introduce DNA evidence to the extent of establishing that Breakiron’s DNA was found on Martin’s body, not the location where the DNA was found or any mention of sex or sexual assault.
The defense requested an order from the court to exclude Ross’ report and prevent the commonwealth from offering testimony on the report’s information.
Breakiron’s attorneys argued in a separate motion that a judge should bar the penalty phase of the trial, should Breakiron be convicted of first-degree murder.
The reasons for motion comes as Breakiron’s retrial was granted because of the prosecutorial misconduct in his first trial from which the penalty phase followed and lead to the death penalty.
“Thus, barring the commonwealth from seeking the death penalty on retrial prevents the commonwealth from benefiting through its illegal behavior,” stated the motion.
Breakiron’s attorneys also argued that Breakiron going through a separate death-penalty trial and penalty phase would be a “hardship” where the process of carrying out a verdict of death is degrading and brutalizing to the human spirit.
Also in terms of the death penalty, a separate motion by Breakiron’s defense stated that Pennsylvania’s death-penalty statue is unconstitutional as it doesn’t require a jury to make all the findings necessary for a death sentence beyond a reasonable doubt.
In Pennsylvania, a jury has to unanimously determine if aggravating factors of the crime outweigh mitigating factors about a defendant. If that determination is made, a jury can vote to impose the death sentence.
If jurors can not decide unanimously on a sentence, then it becomes an automatic life term.
The statute, argues the defense, violates the Sixth and 14th amendments that require each fact necessary to impose the death penalty be unanimously found by a jury beyond a reasonable doubt.
The motions will be presented in motions court Jan. 19 in the Fayette County Courthouse.
Breakiron is currently lodged at the State Correctional Institution at Greene and will be transported to the Fayette County Prison prior to the beginning of his retrial.