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Murder suspect committed to state prison

by Keith KINNAIRD<br
| October 24, 2008 9:00 PM

SANDPOINT - Murder suspect Keith Brown has been committed to the Idaho Department of Correction for mental health reasons, most of which remain shrouded in secrecy.

Brown was being held at the Bonner County Jail until this week, when he was transported to the Idaho Maximum Security Institution in Kuna.

The move comes two months after District Judge Fred Gibler issued an order committing Brown to the Idaho Department of Health & Welfare. Gibler found there was good cause to doubt Brown's capacity to assist in his own defense or make informed treatment decisions due to mental defect or illness.

The order followed a motion which called for Brown to undergo a mental health evaluation. The motion was filed jointly by the prosecution and the defense.

The results of the evaluation which influenced the court's order remain sealed in the court file. Brown has maintained not even he knows what the evaluation says or what his diagnosis is.

"At no time has the defendant been allowed to read the report or know the contents of the report," Brown said in a pro se motion to have the information disclosed.

That motion, plus motions for a post-commitment hearing and an evaluation by a psychologist of his choosing, were filed just days before Brown was transferred to IMSI.

Ten residents, led by former Bonner County Jail chaplain Scott Herndon, have signed a letter to Idaho Attorney General Lawrence Wasden raising concerns about the handling of Brown case. They contend Brown's civil and legal rights are being violated because he has not spoken with Chief Public Defender Isabella Robertson in seven months or been advised of what his diagnosis is.

Neither Robertson nor Prosecutor Phil Robinson could be reached for comment on Friday.

Shortly after Gibler approved the order, Health & Welfare moved to have Brown's custody shifted to the Department of Correction because Brown qualified as "dangerously mentally ill."

The commitment order suspended the first-degree murder and grand theft case against Brown for up to 90 days. A progress report on Brown's fitness to proceed is due this fall.

If Brown, 48, remains unable to proceed, and the condition is not expected to change in the foreseeable future, he could remain committed for up to six more months.

Brown's transfer has brought new lodgings to his wife and alleged accomplice, Tyrah, who was being held at the Kootenai County Jail. The couple asserts authorities have deliberately kept them apart to keep them from communicating.

Tyrah Brown, 26, faces the same charges as her husband and is now listed as an inmate at the Bonner County Jail.

The couple is implicated in the shooting death of Leslie Carlton Breaw at Priest Lake in January of 2007. The body of Breaw, also 48, was found several months later within walking distance of his Coolin home. The Browns are also charged with stealing a $56,000 escrow check belonging to Breaw, who was slain by a .22-caliber gunshot wound to the face.

The Browns fled the area and were arrested in Fort Myers Beach, Fla., when Breaw's remains were discovered.

Keith Brown has painted Breaw as the aggressor in a confrontation over allegations Breaw had sexually assaulted Tyrah. He claims Breaw shot him first and Breaw was killed in a struggle over a rifle.

Tyrah Brown is reportedly contemplating a plea agreement to resolve her case. The proposed terms of the agreement remain under wraps.