Keith Brown argues for new defense counsel

SANDPOINT - Keith Allen Brown is renewing his demands for new defense counsel in the first-degree murder and felony theft case pending against him.

Brown argued on Friday his original and current defense counsel did not pursue key pretrial motions he has proposed. He also accused his current attorney, Chief Public Defender Isabella Robertson, of failing to obtain exculpatory defense evidence and witness statements, and keeping him out of the loop on case strategy.

"She doesn't care. She won't listen to what I say," said Brown, who noted that he has written 66 letters to Robertson and received no replies.

Brown, 48, is charged in connection with the January 2007 shooting death of Leslie Carlton Breaw, who died of a .22-caliber gunshot wound to the head. Brown's wife, Tyrah, was also implicated in the killing and theft of a $56,000 escrow check from Breaw, also 48.

The couple was arrested in Fort Myers Beach, Fla., several months after Breaw was slain.

Tyrah Brown, 27, entered into a proposed plea agreement Friday which would reduce the homicide charge to accessory to second-degree murder and keep intact a charge of grand theft by possession. The court has yet to rule whether it will bind itself to the agreement.

A few hours before Tyrah Brown's hearing, her husband ticked off a grocery list of grievances with Robertson. He told 1st District Judge Fred Gibler former Chief Public Defender Hugh Nisbet never filed an evidentiary motion he asserts would have helped his case and said Nisbet's successor, Robertson, didn't put up defense evidence at his preliminary hearing, such as magnetic resonance imaging of a gunshot wound he claims he sustained in a confrontation with Breaw in Coolin.

Keith Brown has said the argument stemmed from allegations that Breaw had sexually assaulted Tyrah Brown. He alleges Breaw opened fire on him and that Breaw was shot accidentally in an ensuing struggle over one of the rifles.

"The evidence would have shown this is not a homicide at all," Brown said.

A medical examiner from Spokane County, Wash., examined photographs of the wound to Brown's leg and concluded it was not caused by a gunshot, according to court documents. Brown, however, asserts an MRI would prove otherwise.

Keith Brown further argued on Friday that the defense had allowed evidence supporting his version of events to be destroyed and didn't press hard enough to have the case dismissed as a result.

Robertson declined to respond to Brown's grievances in court. Bonner County Prosecutor Phil Robinson said the state does not oppose Brown representing himself or obtaining another public defender. The state would object to Brown going on a counsel shopping expedition at public expense, added Robinson, who said Brown's complaints have more to do with the defendant's wishes than Robertson's competency.

"It is not a competency question," Robinson said.

Gibler said he would take Brown's motion for new counsel under consideration and issue a written ruling this month.

After the hearing, Robertson said she opted not to address her client's grievances due to attorney/client privilege and to keep defense tactics and strategy from being prematurely publicized. She added that her job is to defend Brown, not debate matters of law with him in open court.

Keith Brown moved last year for the appointment of new counsel, but later withdrew the motion. Robertson has also previously moved to be released from defending him.