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New Hampshire man requests 4th round of DNA testing
Posted: April 5, 2007
After three rounds of inconclusive DNA testing, a lawyer for Robert Breest argued yesterday in a New Hampshire courtroom that Breest deserves modern testing that could indicate his innocence. Breest was convicted of a 1971 murder in East Concord, New Hampshire, and has always maintained his innocence. His motions for new DNA testing have been denied since 2004; prosecutors continue to oppose testing using new technology.
Albert Scherr is representing Breest pro-bono in affiliation with the New England Innocence Project. A parallel lawsuit seeking access to DNA testing is also ongoing in federal court, in which the Innocence Project is working with attorney Ian Dumain (a former Innocence Project clinic student while at Cardozo Law School) of Boies, Schiller & Flexner LLP.
Read the full story here. (Concord Monitor, 4/5/07)
New Hampshire judge denies inmate DNA testing
Posted: July 31, 2007 6:05 pm
Robert Breest was convicted of a 1971 murder in New Hampshire and has always maintained his innocence. Three rounds of DNA testing have been conducted in Breest’s case, and all have been inconclusive. One test showed that Breest – and one in 10 white males – would match material under the victim’s fingernails.
Breest’s appeals for further DNA testing using newly developed technology have been denied since 2004. A recent ruling was the latest roadblock for Breest. A Merrimack County (NH) judge ruled that: "Mr. Breest's previous access to the evidence distinguishes his case from others by highlighting the due process he has received…"
The judge said that the jury in 1973 convicted Breest based on strong evidence – including fibers from the victim’s fur coat allegedly found in Breest’s car, jailhouse snitch testimony, and an eyewitness who said the perpetrator and Breest has the same “build.”
Read the full story here. (Concord Monitor, 07/31/07)
Breest still has hope for DNA testing, however, in federal court. The Innocence Project is consulting on federal appeals, along with attorney Ian Dumain (a former Innocence Project clinic student while at Cardozo School of Law) of Boies, Schiller & Flexner LLP. Earlier this year, a federal magistrate judge ruled that Breest should have access to DNA testing, and the state appealed the decision. A final ruling is pending.
Tags: Robert Breest
New Hampshire man to get another round of DNA testing
Posted: February 29, 2008 3:05 pm
Robert Breest, who has served 35 years in a New Hampshire prison for a murder he says he didn’t commit, will get another round of DNA testing, after Breest’s attorneys reached a deal with prosecutors this month. Several rounds of DNA testing in the case have been inconclusive, but Breest’s attorneys are seeking to employ new, more sensitive, Y-STR testing on evidence from the victim’s fingernails.
Breest was convicted based on blood-type evidence showing that 10% of white men, including Breest, could have contributed physical evidence found at the scene. Also used against Breest at trial was a jailhouse informant and expert testimony that paint chips from the crime scene matched Breest’s car. Unreliable and limited science like blood-type testing and paint chip comparison – along with snitch testimony – have contributed to dozens of wrongful convictions later overturned by DNA testing.
Read the full story here. (Concord Monitor, 02/29/08)
Attorney Albert Scherr is representing Breest pro-bono in his state claims in affiliation with the New England Innocence Project.The Innocence Project is working with attorney Ian Dumain (a former Innocence Project clinic student while at Cardozo Law School) of Boies, Schiller & Flexner LLP on Breest’s claim to DNA testing in federal court. In January, a federal judge denied the state’s motion to dismiss Breest’s claim to DNA testing. Read the judge’s order here.
Tags: New Hampshire, Robert Breest