Mar 20, 2016 11:02 AM

Man convicted of '71 murder files appeal brief

The Associated Press

CONCORD — Lawyers for a New Hampshire man convicted of killing an 18-year-old woman more than four decades ago say a judge made several mistakes in denying his bid for a new trial.

Robert Breest has denied beating Susan Randall to death in February 1971 and has been trying to clear his name through DNA evidence.

A Merrimack County Superior Court judge rejected his request for a new trial in July, prompting an appeal to the state Supreme Court. In a brief filed this week, the defense says the court should have considered whether the new evidence would have resulted in a hung jury, rather than an outright acquittal.

At issue is DNA evidence suggesting Randall had a violent struggle with at least two men, contradicting the state's claim that Breest acted alone.

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