BARRE — Convicted kidnapper and domestic abuser Harley Breer Jr. finally appears to have his attorney.
Breer, 49, pleaded not guilty in September to felony charges of kidnapping, first-degree aggravated domestic assault and second-degree unlawful restraint. If convicted, Breer faces a sentence of life in prison because the state is seeking habitual offender status due to Breer’s numerous prior felony convictions. He is being held without bail at Northeast Correctional Complex in St. Johnsbury.
Breer is facing a probation violation for the criminal conduct alleged in September. He has denied that violation.
In May 2017, Breer entered into a plea agreement and was sentenced to 20 to 45 years to serve, all suspended with credit for time served, and placed on probation for 45 years on a felony count of second-degree aggravated domestic assault and two misdemeanor counts of disturbing the peace by phone.
According to court records, Breer beat a woman in November 2011 and left threatening voice messages on her phone. He was also accused of stealing her car and going on the run before being captured in New Hampshire.
He previously spent eight years in prison after being convicted in 1999 in a high-profile kidnapping case.
According to court records for his latest charges, in September, Breer grabbed a woman he had been seeing and slammed her head into the center console of his truck about three times in Marshfield. She told police she and Breer were driving around looking for bears and talking when Breer got angry with her. She told Breer she wanted to get out of the vehicle, but he told her he didn’t want “any third parties involved” and he also didn’t want her walking.
Since Breer’s been charged, there’s been a bit of “musical chairs” going on when it comes to defense attorneys. Multiple attorneys have been assigned to the case only to withdraw for one reason or another.
For the moment, it appears Breer has representation because Dan Sedon has been assigned to the case. Sedon acted as Breer’s standby counsel when Breer accepted the plea agreement a year ago.
At a hearing Thursday, Breer said a motion he had written seeking to dismiss the violation of probation mistakenly was sent to the court instead of to Sedon for review. Breer has filed several documents in the case on his own as he bounced between having an attorney and representing himself. Judge Michael S. Kupersmith had denied the motion via an entry order, saying Breer had presented no legal basis to dismiss the violation. Sedon asked the judge to withdraw that order so he could file it again himself with more information. He said he didn’t know the motion had been considered filed until he received the judge’s order denying it. Kupersmith agreed to withdraw the order.
Kupersmith said now that Breer has representation he will not be entertaining anything from Breer directly unless he’s asking for a new attorney or to represent himself.
Discovery was also discussed during the hearing. Sedon said there are things he’s seeking from the state that he hasn’t received. Since his arrest in September, Breer has claimed openly in court that the victim in his latest case broke into where he was living and stole things around the time he was arrested. Sedon said he has not received information about the police investigation into that burglary.
Breer’s next court date is May 31 on a motion looking to modify his conditions of release.