Woman to receive new trial in murder

March 31--An Oakwood, Ohio, woman convicted in Defiance County Common Pleas Court of aggravated murder for ordering her then-10-year-old stepson to fatally shoot his father is to receive a new trial.

Ohio's 3rd District Court of Appeals ruled this week that the testimony of three witnesses shouldn't have been permitted by Judge Joseph Schmenk at the 2013 trial of Judith Hawkey, 49. She was convicted of aggravated murder, insurance fraud, and four counts of endangering children then sentenced to life in prison without the opportunity for parole.

The appeals court concluded the evidence and testimony presented at trial was based almost exclusively on the testimony of Hawkey's stepson, Corey Breininger, who at the time of her trial was 20. Corey's father, Robert Breininger, was shot to death Nov. 3, 2003, in bed in the family's Mark Center, Ohio, home in what Corey told sheriff's deputies at the time was an accident.

"Nine years later, Corey changes his story and indicates for the first time that the shooting was intentional and that he did it because he was forced to do so by Hawkey," the appeals court wrote. "All of the evidence is based upon the statements of one person, Corey. All of the conclusions reached by the professionals and the authorities were based upon what Corey told them."

The appeals court found Judge Schmenk erred in allowing hearsay testimony from a former teacher of Corey's who testified he came to her in 2012 and told her his father was not shot accidentally, but that his abusive stepmother had forced him to pull the trigger. A clinical psychologist's testimony about what Corey had told her also was hearsay and shouldn't have been allowed.

The appeals court also found the court shouldn't have allowed expert testimony by a child abuse pediatrician who told the jury Corey was a victim of "child torture" -- an idea of hers that was not scientifically accepted.

"Outside of Corey's testimony, there was little evidence offered to prove that Hawkey committed child endangerment, which was the theory predicating the murder charge," the appeals court wrote. "Although a jury could choose what evidence to believe, the evidence of guilt cannot be said to be overwhelming."

Defiance attorney Clayton Crates, who represented Hawkey at trial, said the appeals court took a thorough look at the case.

"During the trial, we certainly knew there were irregularities that were going on and we did our best to protect the record," he said.

He said Corey's story didn't add up and wasn't supported by the evidence. Most egregious, he said, was Corey's contention that for years, Hawkey inflicted physical and emotional abuse on him daily yet there were no signs of abuse when Corey was seen by doctors during that time.

"Obviously a young child dealing with the guilt of shooting his father, which isn't disputed, is going to have some mental health problems," Mr. Crates said. "I don't know if it's him lying or just his mental health and his view of reality that is not reality."

Defiance County Prosecutor Morris Murray could not be reached for comment.

Contact Jennifer Feehan at: [email protected] or 419-213-2134.

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