More briefings ordered in murder case

SANDPOINT — The case of the Priest Lake man who was shot to death two years ago has detoured into a swirl of briefings, depositions, pretrial testimony and yet more briefings.

Two Bonner County sheriff’s deputies, a former deputy and an FBI agent in Coeur d’Alene took the stand Friday during an evidentiary hearing obtained by the defense, which seeks to nullify evidence used against Keith Allen Brown.

Brown, 49, is charged with first-degree murder and grand theft by possession of stolen property in connection with the killing of Leslie Carlton Breaw, 48. Breaw died of a .22-caliber gunshot wound to the head.

Breaw was found slain within walking distance of his Coolin home on March 19, 2007. A day later, Brown and his former wife were arrested in Fort Myers Beach, Fla. Authorities allege Brown killed Breaw on or about Jan. 23, 2007.

Keith Brown was originally arrested on a federal warrant alleging he was fleeing prosecution on an Idaho charge of grand theft connected to the unauthorized use of Breaw’s financial transaction card.

The defense seeks to demonstrate through law officers’ testimony and a deposition that Brown actually was authorized to use Breaw’s transaction card and that Breaw was sighted in Bonner County after Brown last used the debit card. Defense attorney Dan Sheckler argues this information was not given to a magistrate court judge who issued the original warrants in the case.

Kevin Dunton, a special agent with the FBI in Coeur d’Alene, testified that the theft charge and Brown’s disappearance led to the issuance of a federal flight-to-avoid-prosecution warrant.

Under a direct examination by the defense, Dunton testified that he was unaware of Brown’s allegedly authorized use of the card. However, he also testified that it was not the FBI’s role to investigate the underlying offense related to the warrant.

Sheckler asked Dunton if he had ever knowingly obtained a federal warrant on misrepresented or omitted facts.

“That’s a loaded question you’re asking,” said Dunton, who explained he has never been in such a situation.

Former Deputy Phil Ciammaichella testified he became concerned about Breaw’s whereabouts after the man’s truck was found abandoned a short distance from Breaw’s home. The truck held three firearms, checkbooks, a collectible knife and a passport.

Brown and Breaw had been living in separate residences on Breaw’s property, but they were nowhere to be found after the truck was discovered. Sergeant Chris Bell told Judge Fred Gibler he asked passersby and Priest Lake merchants if they had seen the men.

“I was just trying to figure out what happened to everybody,” Bell testified.

Detective John Valdez was questioned about activity in Breaw’s bank account and handwriting samples submitted for forensic analysis. Tony Ingram, the lead detective in the case, is away on military service, was deposed by the defense.

However, the deposition is not yet part of the court file.

Neither the defense nor the state made any oral arguments on Friday.

Gibler took the testimony under advisement and set a schedule for both sides to submit further briefs in the matter.

Brown remains jailed and is scheduled to be tried next year. He insists he is innocent of the charges.