Defendant in murder/kidnap trial threatens to kill judge

5:06pm Monday 7th July 2008

A DEFENDANT demanded a second opinion and then threatened to kill a High Court judge as he was convicted of murder today.

Daniel Breaks, 48, beat Simon Sutton then forced his sister's teenage children to kick the dying man's body, Liverpool Crown Court heard.

Breaks then dumped Mr Sutton's body in an alleyway before heading to County Durham where he used a knife to force an elderly couple to drive him to London.

The prosecution said Mr Sutton, 40, the boyfriend of Breaks' sister, was killed because Breaks suspected the victim had informed the police about an alleged blackmail attempt against a high street bank.

Breaks, of Halville Road, Allerton, Liverpool, denied murder, kidnap and false imprisonment and conspiracy to blackmail.

After more than four hours of deliberations the jury cleared Breaks of the conspiracy charge, but unanimously found him guilty of murder and kidnapping.

Laughing, Breaks shouted from the dock: "Can I have a second opinion Your Honour?"

To which Mr Justice Openshaw replied: "No."

Minutes later, after being told he would be sentenced tomorrow, Breaks, now clearly agitated, shouted to the judge: "You suppressed the truth in this trial.

"I will escape prison and I will kill you."

As members of the jury gasped in shock, Mr Justice Openshaw said to them: "I very much doubt he'll have the chance."

Full story in tomorrow's The Northern Echo

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