Accused murderer ordered hospitalized

SANDPOINT - Accused murderer Keith Allen Brown is unfit to proceed in the first-degree murder case pending against him, a district judge ruled on Monday.

Judge Fred Gibler issued an order committing Brown to a state hospital for up to 90 days, a move which effectively suspends the criminal case against him.

Gibler's order followed a psychological evaluation of Brown. The results of the evaluation are sealed in the court record, which means they cannot be viewed by the public.

The prosecution and the defense moved jointly last month to have Brown undergo the evaluation amid questions about his mental condition and ability to assist in his own defense.

After reviewing the report submitted by Dr. Carl Haugen, Gibler found there was good cause to doubt Brown's capability of assisting in his own defense. Gibler further held that Brown lacks the capacity to make decisions about his treatment, the order states.

Brown will be committed to the custody of the Idaho Department of Health & Welfare for up to three months. The department will report on Brown's progress and make a determination on his fitness to proceed in the criminal case.

Bonner County Deputy Prosecutor Louis Marshall said on Monday it was unclear where Brown would be hospitalized. He will remain jailed here for the time being, according to the terms of Gibler's order.

Brown could be admitted to either State Hospital North in Orofino or State Hospital South in Blackfoot. Marshall said the latter facility was a more likely destination because it's more secure than State Hospital North.

Brown's attorney, Chief Public Defender Isabella Robertson, could not be reached for comment on Monday. A message at her office was not immediately returned.

If Brown is deemed fit to proceed during the initial 90-day period, the criminal case against him would resume. If Health & Welfare reports there is a substantial probability that Brown will not be fit to proceed in the foreseeable future, he could remain hospitalized for another six months.

Brown, 47, and his wife, Tyrah, are charged with first-degree murder and grand theft by possession of stolen property in connection with the fatal shooting of Leslie Carlton Breaw.

Authorities allege Breaw, 48, was shot to death on Jan. 23, 2007. The Browns are also accused of forging a $56,000 escrow check belonging to Breaw and fleeing the area.

The Browns were apprehended in Fort Myers Beach, Fla., on March 20, 2007, the day after Breaw's wildlife-ravaged remains were found within walking distance of his property in Coolin. A medical examiner concluded Brown died of a .22-caliber gunshot wound to the face, court records said.

The couple has pleaded not guilty to the charges.

Tyrah Brea Brown, 25, is being held at the Kootenai County Jail while awaiting trial. She is reportedly contemplating a plea agreement to resolve her case.