Thirty years after Barbara Brodkin was brutally murdered in her Midtown apartment, the man whose DNA was found beneath her fingernails has been convicted of second-degree murder.
On Friday, Superior Court Justice Brian O’Marra rejected 69-year-old Charles Mustard’s testimony that he was innocent and that his DNA was recovered because the two had shared a joint slathered with his saliva — something he testified he did to prevent the pot from burning out.
Mustard, 37 at the time of Brodkin’s death, looked shell-shocked after listening through a hearing aid to O’Marra read his decision. The judge immediately revoked the former teacher’s bail. The judge didn’t, however, accept the Crown’s argument that Mustard should be found guilty of first-degree murder because Brodkin was confined in her bedroom closet at the time of the attack. Second-degree murder, however, also carries a mandatory sentence of life imprisonment. The judge will have to decide how long Mustard must wait before he is eligible to apply for parole.
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