UNIONTOWN, Pennsylvania — A state prosecutor says a federal magistrate shouldn't dismiss homicide and other charges against a western Pennsylvania man awaiting a new trial in the 1987 slaying of a waitress during a tavern robbery.
Fifty-three-year-old Mark Breakiron, of Hopwood, was convicted in Fayette County and sentenced to death in the slaying of waitress Saundra Martin. Prosecutors allege he stabbed the 24-year-old Smithfield woman before stealing her purse and bags of money from Shenanigan's Lounge in German Township.
A federal judge in 2011 overturned the conviction, citing tainted testimony from another inmate. But Breakiron's attorneys have claimed "prosecutorial misconduct" during his trial was so serious that the charges should be dismissed.
The (Uniontown) Herald-Standard (http://bit.ly/1tVHUuR ) reports a deputy attorney general opposes that in a new filing, arguing the retrial is sufficient to remedy the prosecutor's mistake.
Information from: Herald-Standard, http://www.heraldstandard.com/