PITTSBURGH (AP) — A western Pennsylvania judge has given prosecutors 120 days to retry a man convicted of killing a waitress almost a quarter-century ago.
U.S. District Judge Nora Barry Fischer on Tuesday granted the petition of 49-year-old Mark Breakiron of Hopwood to overturn his first-degree murder and robbery convictions.
The Pittsburgh Tribune-Review says Fayette County prosecutors have said in court documents that they are ready to retry Breakiron in the 1987 murder of Saundra Marie Martin.
After he was convicted in 1988, jurors cited the robbery as an aggravating factor in sentencing him to death.
Breakiron challenged that, saying he hadn’t stolen money from Shenanigan’s Bar in German Township until he returned later to dispose of Martin’s body — which would make that crime a theft, not a robbery.