CONCORD, N.H. — A man convicted of killing an 18-year-old woman more than four decades ago can present new DNA results to a court to determine if he should get a new trial, New Hampshire’s highest court ruled Friday.
Robert Breest was convicted of killing Susan Randall in February 1971. Witnesses identified Breest as the driver who picked up Randall while she hitchhiked in Manchester, and fibers and paint chips on her clothes were linked to samples taken from Breest’s car.
Breest, now 76, was sentenced to 40 years in prison. He has consistently said he didn’t kill Randall. DNA tests between 2000 and 2008 couldn’t rule Breest out as a suspect but a 2012 test revealed a second male source of DNA in scrapings taken from under Randall’s fingernails.
Based on the new results, Breest asked for a new trial in 2013 but a lower court ruled the new DNA results shouldn’t be considered because of the way he obtained permission to get the test: Breest had not petitioned a court to get the test, as spelled out in New Hamsphire’s constitution, but got the state’s consent without going through the court.
The Supreme Court said Friday that getting the state’s consent was acceptable and that the DNA should be reconsidered.
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