Defense in Arnold double-murder case say prosecutors withheld jailhouse confessions

Defense lawyers for an Allegheny County man accused of killing a woman and her adult son in Arnold nearly four years ago want the Westmoreland County district attorney sanctioned for withholding evidence of two jailhouse confessions.

In a court motion filed Tuesday, assistant public defenders Greg Cecchetti and John Hauser contend they were blindsided by the recent disclosure that their client, Robert Briestensky, told two county jail inmates about his involvement in the Oct. 4, 2012, murders of Bonnie Broadwater, 46, and her son, Lance Holt, 24.

The defense attorneys said prosecutors learned about the statements in May 2013 but didn't share the information until earlier this month.

“(Briestensky) believes the prosecutorial misconduct is of significance to result in a denial of (his) right to a fair trial,” defense attorneys wrote in the motion.

Briestensky, 42, of Brackenridge is charged with two counts of criminal homicide for beating Broadwater and Holt to death with a baseball bat in their home over a drug debt.

According to the defense, Briestensky told the two inmates about his involvement in the fatal beatings as well as the help he claimed he had from an unnamed accomplice.

On Tuesday, District Attorney John Peck conceded he did not share the confessions with the defense in order to protect the other inmates.

“The individuals who the defendant gave the confessions to have been incarcerated, and it's well known individuals who cooperate, it's not uncommon for them to suffer retaliation and physical harm. So it's important to keep it confidential,” Peck said.

He said the defense should have been aware of the statements because they were provided to the inmates by Briestensky, who in turn could have told his lawyers about their existence.

Cecchetti and Hauser said they have not had enough time to investigate whether the statements are true, and, as such, they should be barred from evidence at trial, which is scheduled to begin Dec. 5.

Judge Richard E. McCormick Jr. will hold a hearing Oct. 26 to determine whether the statements are admissible and to consider possible sanctions against Peck for failing to disclose evidence.

Rich Cholodofsky is a Tribune-Review staff writer. Reach him at 724-830-6293 or rcholodofsky@tribweb.com.