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Brown returning to Panhandle to be tried on murder charge

by Keith KINNAIRD<br
| December 18, 2008 8:00 PM

SANDPOINT - Murder suspect Keith Allen Brown has been found fit to proceed in the criminal case against him, according to Bonner County prosecutors.

A trial status conference is set for next month and District Judge Fred Gibler has signed an order to transport him from the Idaho Maximum Security Institution near Boise to the Bonner County Jail.

Gibler's order does not address Brown's mental competency, although Bonner County Prosecutor-elect Louis Marshall and Prosecutor Phil Robinson said on Wednesday it's their understanding that Brown has been deemed fit to proceed. Chief Public Defender Isabella Robertson said she is still awaiting a formal declaration on Brown's competency.

Brown was committed to the Idaho Department of Correction in October, after the state and the defense raised questions about Brown's fitness to proceed. After reviewing a mental health evaluation of Brown, Gibler found there was good cause to doubt Brown's capacity to assist in his own defense or make informed decisions about his treatment.

The determination suspended criminal proceedings against Brown.

Details about Brown's alleged mental condition remain under seal. Brown has indicated he was never advised of his diagnosis and a number of residents, including a former jail chaplain, have questioned whether Brown's civil rights were being trampled.

Brown, 48, and his 26-year-old wife, Tyrah, are charged with first-degree murder in the shooting death of Leslie Carlton Breaw, also 48. The couple is also charged with possessing a stolen $56,000 escrow check belonging to Breaw.

Authorities allege Breaw was shot to death with a .22-caliber rifle in January 2007. His remains were discovered several months later within walking distance of his Priest Lake Home.

The Browns were later apprehended in Fort Myers Beach, Florida. They have pleaded not guilty to the murder and grand theft by possession charges.