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Court appoints new counsel in murder case

by Keith KINNAIRD<br
| January 14, 2009 8:00 PM

SANDPOINT - Murder suspect Keith Brown's wish for new defense counsel has been granted, according to court documents.

Brown moved last week for a new attorney, citing ineffective assistance of counsel. Brown argued communication with Chief Public Defender Isabella Robertson is virtually nonexistent and lambasted the lack of progress in the defense investigation.

Brown also maintained he is being kept in the dark about defense strategy.

District Judge Fred Gibler took the argument under advisement and issued a ruling Monday appointing new counsel for Brown.

"While the Court is not convinced that Mr. Brown's claim of ineffective counsel has any merit it is obvious that there are problems with the attorney/client relationship. These problems inhibit present counsel's ability to effectively represent Mr. Brown," Gibler said in the order.

Candace Wilkerson, an attorney at the Wilson law firm in Bonners Ferry, has been appointed to represent Brown, according to the order. Wilkerson has a contract with Bonner County to provide public defender services.

However, the appointment of Brown's counsel could change yet again because Wilkerson already represents his wife, Tyrah, who was also charged in connection with the death of Leslie Carlton Breaw and the alleged misappropriation of a $56,000 escrow check belonging to him.

The couple was charged with first-degree murder and grand theft by possession of stolen property. Breaw, 48, was shot to death in January 2007 and his remains were discovered within walking distance of his Coolin home several months later.

Keith Brown, also 48, is pleading not guilty to the charges and is scheduled to go to trial this summer. Tyrah Brown, 27, entered into a plea agreement which would amend the charge against her to second-degree accessory to murder. She has maintained she was not involved in the shooting and a polygraph examination appears to support the assertion.

The plea agreement is pending in 1st District Court.

In other developments in Keith Brown's case, a district judge has approved a defense request for $6,500 in public funds to conduct a forensic analysis of three computer hard drives seized by the state as evidence in the murder case.