CONCORD, N.H. — The New Hampshire Supreme Court says a man convicted of killing an 18-year-old woman more than four decades ago will be able to argue he should get a new trial.
Robert Breest denies beating Susan Randall to death in February 1971. He has attempted to clear his name through DNA evidence, arguing it would show Randall had a violent struggle with at least two men and contradicting claims Breest acted alone.
A Merrimack County Superior Court judge rejected his request for a new trial in 2015, prompting an appeal to the state Supreme Court. In a brief filed earlier this year, the defense says the court should have considered whether the new evidence would have resulted in a hung jury, rather than acquittal.
Oral arguments will be heard Oct. 6.