The Concord (New Hampshire) Monitor reports on the litigation between the BSF's pro bono client, Robert Breest, and the State of New Hampshire. The firm represents Mr. Breest in a federal lawsuit seeking access to biological evidence for the purpose of DNA testing that could prove that Mr. Breest is innocent of the 1971 murder of which he was convicted. Though Mr. Breest was recently denied relief in a parallel state court proceeding, Ian Dumain, attorney for Mr. Breest stated that while "several federal court decisions have recognized that individuals have a right under the U.S. Constitution to post-conviction DNA testing,. . . the "'New Hampshire constitutional law in this area is undeveloped.'" The State's motion to dismiss Mr. Breest's federal lawsuit is currently pending before Chief Judge Steven McAuliffe of the U.S. District Court for the District of New Hampshire.
