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Robert
J. BRETON Sr.
In the early-morning of December
13, 1987, Robert Breton, Sr. entered the Waterbury apartment that
his ex-wife rented after their divorce 11 months earlier. Surprising her
while she slept, Breton slashed at her with a sharp, 5-inch knife and
pounded her with his fists. JoAnn Breton scrambled across the room. Her
ex-husband followed and killed her by thrusting the knife through her
neck, opening a major artery.
CONNECTICUT: Police who investigaged the murder of a woman and her
16-year-old son testified in a death penalty hearing Wednesday that the
victims were covered in blood and that the killer left bloody shoe
prints throughout their apartment.
The testimony came as prosecutors tried to show that
Robert J. Breton Sr. murdered his ex-wife, JoAnn, and their son, Robert
Jr., in an especially heinous and cruel manner.
Breton, 50, was convicted in 1989 of the murders and
sentenced to die; 2 years ago, the Connecticut state Supreme Court
upheld the conviction but overturned his death sentence, ruling there
were ambiguities in the jury's instructions and in a form used by the
jury. The case was sent back to a lower court for a new penalty phase
that began Wednesday.
State's Attorney John A. Connelly is once again
seeking the death penalty. He does not have to prove that Breton
committed the crime, since that already has been proven.
Connelly must show the victims died cruelly or in an
extraordinarily depraved manner. The 2 were stabbed several times and
their throats were slashed. The walls and floors were splattered with
blood, witnesses recalled. Connelly said after court ended that "we have
to show there was an infliction of pain...above and beyond the ordinary
that would have produced the killings."
The case is being heard by a 3-judge panel, rather
than a jury this time. Judges Roland Fasano, Christine Vertefeuille, and
Richard Damiani must decide whether Breton should be put to death.
Breton's lawyers, in the original trial, had sought
to show the existence of 13 separate mitigating factors that would have
spared their client the death penalty. Many dealt with Breton's mental
state and a history of violence in his family.
Breton was convicted in 1967 of manslaughter in the
stabbing death of his father. A judge in that case gave Breton a
suspended sentence, ruling he may have acted in self-defense.
Defense attorney Barry Butler argued that his client
should not be exposed to the death penalty because the state legislature
did not specifically say that the murder of a child or the murder of
more than 1 person at a time mandates a capital felony hearing.
But Connelly argued legislators did not specifically
mention those crimes because they were presumed to be offenses that
could warant such a hearing.