Dec
02
A 2nd District Judge has denied a Clarkston man’s request to have murder charges against him dropped, and his trial will proceed as scheduled next week.
Leotis Branigh, 32, has pleaded innocent to first-degree murder in the Oct. 2007 shooting death of Michael Johnston, 32, outside Johnston’s home in the Lewiston Orchards.
Branigh had sought dismissal of the case on grounds that a trial would constitute double jeopardy of life or limb after police allegedly shot at him during a high-speed chase following the shooting.
Judge Jeff Brudie dismissed the argument, but did grant a defense request to exclude some evidence of Branigh’s cell phone records obtained by a warrant that his attorneys say was improperly served outside the state of Idaho.
Prosecutors have pointed to several text messages sent from Branigh to Johnston’s ex-wife that may have implicated Branigh in the shooting. The ruling does not limit the admission of lawfully-obtained text messages.
Jury selection for the trial is expected to begin Friday.
