An appeal by the defense attorney of James R. Brashear has delayed his murder trial until early next year.
Defense attorney Christopher Bugbee appealed a decision by 2nd District Judge Mark Monson, who earlier this month ruled on witness and evidence testimony. The ruling suppressed testimony and evidence on allegations of abuse by the victim, John Mast. The written appeal was submitted early Wednesday before the final pretrial hearing at the Nez Perce County Courthouse later that day. Nez Perce County Prosecutor Justin Coleman was representing the state at the courthouse.
The appeal will go to the Idaho Supreme Court, if that court decides to take up the appeal. The appeal could take several months, and the jury trial that was scheduled to begin Nov. 7 was delayed. A status conference on the case will take place Jan. 4.
Monson decided to postpone the jury trial to avoid the potential of having to go through two jury trials in the event that the Idaho Supreme Court grants the appeal.
Brashear, 68, of Winchester, is charged with first-degree murder in the shooting of Mast in the Rosauers parking lot in February 2021. Mast was Brashear’s former son-in-law and was in a custody dispute with Brashear’s daughter, Rebecca Brashear-Mast, over their children, who are Brashear’s grandchildren. Mast was previously accused of abusing the children, but no charges were filed.
In a previous pretrial appearance Oct. 3 and a written decision issued Oct. 18, Monsoon decided to not allow witnesses or Brashear to testify about the alleged abuse because of concerns it would set up a “trial within a trial” and put the victim, Mast, on trial instead of Brashear.
Bugbee argued the decision would restrict the ability of Brashear to put on a defense in the case and have to rely on his own testimony.
Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.
