Prosecutor in homicide retrial asking judge to not allow ‘diminished capacity’ defense
Prosecutors in a Hopwood man’s homicide retrial are asking a judge to preclude defense attorneys from arguing he was not responsible due to his impaired mental capacity.
On Monday, Deputy Attorney General Patrick J. Schulte filed a motion indicating he was just made aware of the intent to present a diminished capacity defense at Mark Breakiron’s upcoming homicide retrial in Fayette County Court.
A diminished capacity defense is where a defendant should not be held liable for breaking a law because their mental function is diminished or impaired.
Breakiron is accused of killing Saundra Martin in 1987 and although he admitted to stabbing Martin, he has contended that he was too drunk to form the intent necessary for murder.
He was convicted of first-degree murder and sentenced to death, but his conviction was overturned by a federal judge due to prosecutorial misconduct.
Schulte’s motions argue that he believed that the diminished-capacity experts would be used for only the penalty phase of the trial.
He contended prosecutors don’t have time to retain a rebuttal expert to testify and added that Breakiron shouldn’t qualify for such a defense.
Schulte added that if the court allows the Breakiron’s attorneys to present a diminished capacity defense, a judge should delay the trial to give him time to retain an expert.
Breakiron, who’s lodged in SCI-Greene, is being represented by court-appointed attorneys Samuel Davis, Dianne Zerega and Robert Gordon.
A judge will make a decision on the matter. The trial is slated to start Feb. 6.