OROFINO - Whatever hopes attorney James E. Johnson had that Bryan Lankford would testify to something that could result in his client being granted a third trial were dashed Wednesday.
On question after question about Bryan Lankford's involvement in his brother Mark H. Lankford's second murder trial in 2008, Bryan Lankford read from a slip of yellow paper, invoking his Fifth Amendment guarantee against self-incrimination.
His testimony ended a four-day hearing before Senior District Judge James F. Judd of Boise to determine whether there is enough new evidence to grant Mark Lankford a third murder trial. Judd told the attorneys to submit their closing arguments in writing and said he would decide the outcome of the hearing at a later date.
Mark Lankford, 57, has been convicted twice by juries in the 1983 beating deaths of U.S. Marine Capt. Robert Bravence and his wife, Cheryl.
The Bravences, who were living in El Paso, Texas, were camping along the South Fork of the Clearwater River when they were accosted by the Lankford brothers, beaten to death and dumped in the Idaho County backcountry.
The Lankfords fled Idaho County in the Bravences' van, but were captured about three months later near their home in Texas.
Both brothers were sentenced to death in 1984 after being found guilty in separate trials. Bryan Lankford's death sentence was later commuted to life in prison.
Mark Lankford remained on Idaho's death row until 2007, when the 9th U.S. Circuit Court of Appeals overturned the sentence and ordered a new trial because of an error in jury instructions.
Mark Lankford was tried a second time and found guilty in 2008 by a Shoshone County jury. He was sentenced to life in prison.
During the course of the hearing at the Clearwater County Courthouse, there was testimony that Bryan Lankford is fearful of his brother.
Both Mark and Bryan Lankford were dressed in bright orange jail dungarees and shackled around the wrists and ankles. They faced each other in the courtroom for the first time since 2008. But Bryan Lankford carefully avoided eye contact with his brother, instead gazing intently at Johnson as the attorney asked questions and glancing at his own attorney, Gary Amendola of Coeur d'Alene, for guidance on how to respond.
Mark Lankford sat quietly throughout most of the hearing, although he consulted frequently with Johnson.
At one point, when the judge's clerk attempted to swear in Bryan Lankford, asking him whether he promised to tell the truth, Bryan Lankford said "No." He later responded when questioned by the judge that he would not say anything that conflicted with his religion. But he agreed to tell the truth when he was sworn in a second time after an explanation of the process by the judge.
Johnson's main points in the hearing seemed to hinge on $1,500 that Idaho County paid to another witness - Lane Thomas, who testified against Mark Lankford in the 2008 trial, and more than $2,000 paid to Mark Lankford's brother, Lee John Lankford. Johnson said it has not been fully explained why that money was paid, although Idaho County Prosecutor Kirk A. MacGregor said Tuesday that it was to help those witnesses with expenses arising from the trial.
Bryan Lankford has signed an affidavit saying he had been roughed up and intimidated by MacGregor and law enforcement officers, but Johnson was unable to get any testimony during the hearing supporting that statement.
MacGregor said Bryan Lankford slipped and fell on a patch of ice when he and former Idaho County Detective Skott A. Mealer took him to look over the murder scene before the 2008 trial. MacGregor said Mealer also slipped on the ice and fell, but that neither was hurt and both laughed afterward.
Johnson did not seem surprised that Bryan Lankford refused to testify, but expressed frustration that some of his other evidence was challenged or not allowed by the judge.
"Mark Lankford's position is, we just want to seek the truth in what's available," Johnson said. "We're just seeking the truth and that's where we've got to be."
The state was represented during the hearing by L. LaMont Anderson of the Idaho Attorney General's Office.
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Hedberg may be contacted at kathyhedberg@gmail.com (208) 983-2326.
