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.
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. (Concord Monitor, 4/5/07)