Man Convicted of Hiring Hitman to Kill Wife's Boyfriend Gets New Trial

A man who suffered a stroke on the first day of his murder trial in 2008 was granted a brand new trial.

The Boston Herald is reporting that James E. Brescia, 53, from Waltham, will stand before a new jury on charges that he hired a hit man to kill a former boyfriend of his estranged wife. Brescia was found guilty of hiring an assassin to kill, in 2006, Edward Schiller, 39, of Sudbury. But after his first day of testimony ended in 2008, it was later determined that he had suffered a stroke, noting that his speech was confusing and he was confused.

The Supreme Judicial Court approved Brescia’s motion for a new trail because “justice may not have been done,” said the Herald.

“We will continue to seek justice for Edward Schiller and have every intention of retrying the case,” said District Attorney Miriam Ryan in a statement.

Schiller was murdered on Friday, Jan. 13, while in his car as he arrived to work in Newton. According to edschiller.com, Brescia was convicted of murder in the first degree and conspiracy to commit murder on June 24, 2008. He was sentenced to life in prison without possibility of parole. On June 29, Scott Foxworth, the hired hitman, was convicted of murder in the first degree and conspiracy to commit murder, reported the Lowell Sun. He was also sentenced to life in prison.

Dateline NBC in November of 2009 featured the case, calling it The Friday the 13th Mystery, asking, “Who would have wanted to kill Ed Schiller?” The episode is available here.

ABC’s 20/20 also spotlighted the murder, which it said “captivated the city of Newton,” and focused on Stacey Rock, Brescia’s wife who had rekindled a relationship with her high school sweetheart, Schiller.

Photo via NBC News