For Immediate Release: June 27, 2008                                  
Contact: Corey Welford/Jessica Venezia 781-897-8325

Brescia Sentenced To Life In Prison

WOBURN – Middlesex District Attorney Gerry Leone’s office informed the public today that James Brescia has been sentenced to life in prison for his conviction on Tuesday in connection with the murder of Edward Schiller, of Sudbury.

Brescia, age 46, of Waltham, was found guilty of first degree murder and conspiracy on June 24 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.

Today, Middlesex Superior Court Judge Wendie Gershengorn sentenced Brescia to life in prison with no eligibility for parole for his first degree murder conviction. She also sentenced him to a concurrent term of 18-20 years in state prison for his conspiracy charge conviction.

Opening statements occurred on June 5 in courtroom 630 in Middlesex Superior Court. The jury began deliberations at 9 a.m. on June 24 and returned their verdict at approximately 2 p.m. on that same day.

“James Brescia initiated a months-long plan to kill Ed Schiller out of pure rage and jealousy,” District Attorney Gerry Leone said. “And because of his vengeful and cowardly acts, James Brescia will now spend the rest of his life in prison. While we are pleased with the result of this trial, we also know that it will never bring Ed Schiller back, and we continue to offer our thoughts and support to his many 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.

“We understand that our job is not done,” District Attorney Leone said. “We have another trial ahead against the man who we allege shot and killed Ed. I can assure you that our team will be ready.”

The prosecution team was led by Assistant District Attorney Adrienne Lynch and included: Assistant District Attorney Joe Gentile and paralegal Miriam Godfrey. The victim witness advocate was Daniela Bianco.

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