Judge allows testimony of deceased
GRANGEVILLE, Idaho – The previous testimony of witnesses now deceased will be allowed in the new trial of a man convicted and sentenced to death in the slaying of a couple vacationing in northern Idaho in 1983, a judge has ruled.
Mark Lankford, 51, was granted a new trial earlier this year when the 9th U.S. Circuit Court of Appeals ruled he must be retried or released because of an error in jury instructions during his 1984 trial.
Second District Court Judge John Bradbury ruled Thursday that he would allow the previous testimony, but cautioned that jurors will likely realize a previous trial had taken place, the Lewiston Tribune reported.
“You can’t escape the fact that there was a prior hearing,” Bradbury said. “The elephant’s in the tent; you’re going to have to deal with the elephant.”
Lankford and his brother, Bryan, were convicted in the 1983 beating deaths of U.S. Marine Capt. Robert Bravence, 27, and his wife, Cheryl, 25, who were vacationing in Idaho. At the time, Mark and Bryan Lankford were camping in the Idaho wilderness.
Mark Lankford was sentenced to death; Bryan Lankford is serving a life sentence.
Mark Lankford’s public defender, Jonathon Hallin, argued against allowing the testimony of people now deceased because they cannot be cross-examined and because it could prejudice a new jury.
“This isn’t the second act of a two-act play,” Hallin said. “This is a new trial.”
Dennis Albers, deputy prosecutor in Idaho County, said the state plans to call a former Latah County inmate who he said will testify Lankford made at least a partial confession.
Albers said that testimony will contain information about the previous trial.
“The jury’s certainly not so stupid they’re not going to know what we’re doing,” Albers said.
Lankford’s attorneys have asked that the trial be moved out of Idaho County because of publicity.
Bradbury did not make a decision Thursday about moving the trial. He said about half of the jurors who received a questionnaire responded that they felt they could be fair.