Editor's note from 14th December 2006:
Mark's latest thoughts recently published here have been replaced by an update in doc-format
Media report filed from Frances, source unknown
Date: 11/30/2006, written by a Jody Walker
GRANGEVILLE -- A new trial for convicted murderer Mark Lankford could be held as early as next summer, said Idaho County Prosecuting Attorney Kirk MacGregor. Lankford was convicted 23 years ago in the deaths of Marine Capt. Robert Bravence, 27, and his wife, Cheryl, 25. Lankford's brother, Bryan, was also convicted of murder. Since their convictions, the two brothers have tossed blame for the murders back and forth like a hot potato. Bryan testified against his brother. Bryan's death sentence was since thrown out and he was resentenced. He is now serving an indeterminate life sentence with an annual review for parole. But the county is holding out hope the decision for a new trial will be overturned in a rehearing before the U.S. Court of Appeals. The prosecutor handling the case, LaMont Anderson of the Idaho Attorney General's Office, is planning to file a petition for a rehearing, said Bob Cooper, spokesman for the office. Anderson was already granted an extension onto the timeline to file that petition. Federal Public Defender Andrew Parnes [Mark's peresent attorney] was out of the office and unavailable for comment Wednesday. A three-judge panel, representing the entire 9th U.S. Circuit Court of Appeals, ruled in favor of Lankford earlier this month. The judges' opinion states there is no evidence in the case that leads solely to Mark Lankford. "All of the state's evidence equally implicates Bryan." But the crux of the decision seems to rest in jury instructions that contradicted one another. Because of that, the panel of judges ruled Mark Lankford must either be retried or released. Cooper said the Attorney General's motion will ask that the case be reheard before a larger slate of judges. Because the 9th Circuit has so many judges, the entire panel doesn't hear cases as in other circuits. "It is different in the 9th Circuit than in any other circuit," Cooper said. MacGregor said it is possible the case could then be taken to the U.S. Supreme Court before returning to Idaho County. "But if the Court of Appeals refuses to hear it or denies the motion for reconsideration then it will be remanded back to the county for retrial," he said. He and Deputy Prosecuting Attorney Dennis Albers are already preparing the case, he said. Albers tried the original case. "We are acting as if it is going to be remanded just in case it is," MacGregor said. The two have viewed evidence still housed at Grangeville. They have been locating witnesses. Some of the expert witnesses, MacGregor said, have died and will have to be replaced. Preparing the case itself is tough but a tougher job could be figuring out how to pay for it. "It is going to be expensive," MacGregor said. "I don't think in our general budget there is enough to cover it." Commissioner Randy Doman said he is trying to think of creative ways of paying for it. He is hopeful the Marines will help, since the victim was an active Marine. "But nobody knows how to contact the Marines," he said. "We are still pursing that." The case is too old for the county to be assisted by the Idaho Association of Counties' capital crimes fund. That fund was established 12 years ago to help counties pay for such cases. But it can't help in any case older than the fund. "So I am still just the biggest panhandler in Idaho County," Doman said. The county is planning on a bill of $250,000 to $500,000 to retry the case, he said. Witnesses will have to be located and flown in. The county will also most likely have to pay for the defense because Lankford has historically used a public defender. "It's $5,000 here and $10,000 there and it adds up in a hurry," Doman said.
Walker may be contacted at jodiw@lmtribune.com or at +01 208 / 7 43 94 11.