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Murder suspect passed polygraph

by Keith KINNAIRD<br
| October 15, 2008 9:00 PM

SANDPOINT - Tyrah Brea Brown passed a polygraph examination addressing her contention that she was raped by Leslie Carlton Breaw and her denials that she planned to kill or steal money from him.

The purpose of the examination was to determine the veracity of Brown's statements concerning the slaying of Breaw, who was shot to death last year at Priest Lake.

Brown and her husband, Keith, are charged with first-degree murder and grand theft by possession of stolen property in connection with Breaw's killing and the theft of a $56,000 escrow check belonging to him.

Tyrah Brown has maintained that Breaw had sexually assaulted her on a prior occasion and that she believed the check was given to her husband as payment for paralegal services he provided to Breaw.

Five questions were posed during the exam, which was conducted in April in Coeur d'Alene. Polygrapher Ted Ponticelli said in his report that he asked Tyrah if she was lying about Breaw sexually assaulting her, whether she shot Breaw, whether she was present when the shooting occurred, and whether she conspired to shoot Breaw or steal his money.

Tyrah answered each question by saying, "no." Based on her physiological reactions, Ponticelli said in his report that the responses to the questions were "consistent with truthful answers."

The results of Ponticelli's were later confirmed by a third-party polygrapher agreed upon by the prosecution and the defense, according to Tyrah Brown's counsel, Serra Woods.

The results of polygraph exams can be admissible in Idaho criminal courts if the state, the defense and the court agree to their admission, which is generally considered a rare occurrence. Polygraph exams are often used as investigative tools. They are also used in conjunction with plea negotiations and sometimes in post-conviction situations, such as to verify compliance with probation requirements.

Tyrah Brown, 26, and Keith Brown, 48, have pleaded not guilty to the charges and separate court trials are pending. Plea negotiations are under way in Tyrah Brown's case and Keith Brown has been committed to the custody of the state due to questions about his fitness to proceed. His case is suspended for the time being.

The couple is charged with killing Breaw, also 48, on or about Jan. 23, 2007. They were arrested in Fort Myers Beach, Fla., the following March, when Breaw's remains were discovered within walking distance of his property in Coolin.

Keith Brown has asserted that Breaw opened fire on him during a confrontation over the alleged rape of his wife. He has stated Breaw was shot in a struggle over the weapon.