Special Judge Sought For Waltham Man's Murder-For-Hire Retrial

WOBURN, MA - A special judge will be assigned to oversee the retrial of James Brescia, who was convicted of the 2006 murder-for-hire slaying of a Framingham man, but whose conviction was overturned after he suffered a stroke while testifying in his murder case.

In Middlesex Superior Court on Wednesday, prosecutor Adrienne Lynch asked Judge Laurence Pierce to assign a special judge, perhaps one who will be recalled from retirement, to oversee the retrial of James Brescia, formerly of Waltham.

While the trial is tentatively scheduled for April 18, 2018, defense attorney Alan Black, representing Brescia, 62, asked that the special judge be assigned soon to rule on a motion critical to Brescia's defense.

In 2009, Brescia, of Waltham, was convicted of first- degree murder for paying hired hitman, Scott Foxworth, $10,000 to kill 39-year-old Edward Schiller, of Framingham, the lover of Brescia's estranged wife, Stacey Rock.

Schiller was shot in the back of the head on the morning of Jan. 13, 2006 as he sat in his car in a Newton parking garage near his job. Lynch said the motive for the murder was that Brescia found out that his estranged wife had rekindled a romance with Schiller, her high school sweetheart.

Investigators used phone records between Brescia and Foxworth, as well as witness testimony to link Brescia to the crime. Foxworth is currently serving life in prison after being convicted of first-degree murder.

During Brescia's first and second days of testimony on the witness stand he suffered a small stroke. On the stand, Brescia complained of having a bad headache.

At Brescia's retrial, Lynch said she wants to use parts of Brescia's first day of testimony. Brescia's murder trial received gavel-to-gavel coverage for an episode of NBC'S Dateline and 20/20.

After Brescia's conviction for first-degree murder and conspiracy, and his sentence of life in prison without parole, Black filed an appeal arguing before the state's highest court that it was "extremely likely'' that Brescia's inability to remember incidents and facts hurt Brescia's credibility on the stand.

The SJC, which had the tapes, ruled that Brescia's testimony was a critical part of his defense and that the fairness of his trial was "hampered'' by his medical condition.

Black said Lynch's motion to use that testimony "changes the entire complexion of the case'' and will have a direct impact on his defense. Due to those reason, it is important to argue the motion before the special judge sooner rather than later.

Brescia continues to be held without bail pending his retrial.

Photo of James Brescia by Lisa Redmond/lisa.redmond@patch.com.