For Immediate Release: June 24, 2008                        Contact: Corey Welford/Jessica Venezia 781-897-8325

Brescia Found Guilty Of First Degree Murder

WOBURN – Middlesex District Attorney Gerry Leone’s office informed the public today that a Middlesex Superior Court jury has found James Brescia guilty of murder in the first degree  in connection with the the murder of Edward Schiller, of Sudbury.

Brescia, age 46, of Waltham, was found guilty of first degree murder and conspiracy in connection with the shooting death of Schiller, age 39, at a parking garage in Newton on January 13, 2006. Brescia was also convicted of conspiring with Scott Foxworth over a number of months with the intention of having Edward Schiller killed, and for paying Foxworth to commit the murder.  Schiller was targeted by Brescia because he was dating Brescia’s estranged wife after she served Brescia with divorce papers in July 2005.

Opening statements occurred on June 5 in courtroom 630 in Middlesex Superior Court, 200 Tradecenter, in Woburn.  The jury began deliberations at 9 a.m. today, and returned their verdict at approximately 2 p.m. today. A sentencing hearing has yet to be set, but a first degree murder conviction carries a mandatory life sentence without the possibility of parole.

“We are pleased with today’s verdict and thankful to the jury. This was both an extremely fact-intense and emotional trial, and they carefully considered the evidence and returned a just verdict,” District Attorney Gerry Leone said. “Ed Schiller followed his heart and returned to be with the love of his life. And for that, because of the jealous, vengeful, and cowardly acts of James Brescia, Ed Schiller was brutally murdered and taken away from his family and friends.”

According to authorities, at approximately 9:30 a.m. on Friday, January 13, 2006, Newton Police responded to 345 Boylston Street in Newton for a report that a man had been found shot in his vehicle in the private parking garage adjacent to the office building.

Upon arrival at the scene, officers found Schiller in the driver’s seat of his blue 1999 Nissan Maxima sedan, evidencing a gunshot wound to the head.  Schiller was an employee of Aronson Insurance Agency, which is located in the 345 Boylston Street building.  He was pronounced dead at the scene.  Newton Police contacted State Police assigned to the Middlesex District Attorney’s Office, and together they commenced an investigation into the circumstances surrounding the death.

On Saturday, January 14, 2006, the Office of the Chief Medical Examiner (ME) completed an autopsy on Schiller’s remains.  The ME confirmed that the cause of death was a single gunshot wound to the head, and ruled the death a homicide.

After an exhaustive joint investigation by the Middlesex District Attorney’s Office, State Police, and Newton Police, it was determined that James Brescia agreed to pay Scott Foxworth a sum of money to kill Edward Schiller. It was further alleged that Foxworth shot Schiller in the garage on the morning of January 13, 2006.

On April 4, 2006, investigators sought and obtained warrants for Brescia’s and Foxworth’s arrests from the Newton District Court.  Brescia and Foxworth were arrested without incident that evening.  On April 5, 2006, Brescia and Foxworth were arraigned in Newton District Court before Judge Dyanne Klein.  Both men pleaded not guilty and were held without bail.

On June 26, 2006, a Middlesex Grand Jury returned indictments against Brescia and Foxworth.  Brescia and Foxworth were arraigned on July 17, 2006, in courtroom 8B of the Middlesex Superior Court in Cambridge before Judge Elizabeth Fahey.  At arraignment, both men pleaded not guilty, and were ordered held without bail.

Foxworth is scheduled for trial on October 22, 2008. The charges against Foxworth are allegations, and he is presumed innocent until proven guilty.

“This case has always been about fighting for justice on behalf of Ed and his family,” Leone said. “Our job is not done yet. And we will fight as hard in this next trial as we did in this one against the man who we allege shot and killed Ed.”

The prosecutors assigned to this case are Assistant District Attorneys Adrienne Lynch and Joseph Gentile. The victim witness advocate was Daniela Bianco. The paralegal was Miriam Godfrey.

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