OROFINO - The brother of twice-convicted murderer Mark H. Lankford was given a cellphone, books, magazines and candy, and was transferred to the Idaho County Jail before testifying in Lankford's second trial in 2008.

But no threats or coercion were used to force Bryan S. Lankford to give damning evidence that helped a jury convict Mark Lankford in the 1983 beating deaths of U.S. Marine Capt. Robert Bravence and his wife, Cheryl, Idaho County Prosecutor Kirk A. MacGregor said.

MacGregor was one of a number of witnesses who testified Tuesday before Senior District Judge James F. Judd of Boise to determine whether Mark Lankford deserves a third trial, based on what he claims is new evidence. According to court records, Mark Lankford said his brother signed an affidavit alleging he was roughed up and intimidated by MacGregor, former Idaho County Sheriff's Detective Skott A. Mealer and others before Mark Lankford's second trial in Shoshone County.

The Bravences, who were living in El Paso, Texas, were camping along the South Fork of the Clearwater River in June 1983 when they were accosted and murdered. The Lankfords also had been camping in the Idaho County wilderness. After killing the Bravences and hiding their bodies, the brothers stole their van, cash and credit cards. They first drove to California, where they ditched the van, and then to Texas, where they were captured about three months later.

The brothers were found guilty in 1984 in separate trials by Idaho County juries and sentenced to death. 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 because of an error in jury instructions and ordered a new trial.

Mark Lankford was tried a second time and found guilty in 2008 by a Shoshone County jury. He was later sentenced to life in prison.

MacGregor, who prosecuted the second trial, said Bryan Lankford's wife, who lived in France at the time, gave her husband the cellphone to be used strictly to call her.

At least once, MacGregor said, the cellphone was taken away from Bryan Lankford because he had called someone other than his wife.

One of those calls went to Moscow attorney Charles Kovis, who, for a time, represented Mark Lankford.

Kovis testified Tuesday he was "astonished" that Bryan Lankford had the use of a cellphone in jail.

"I could tell that he was under the influence of something. I can tell when somebody's messed up," Kovis told the court. "This guy was messed up."

Kovis did not disclose the content of the conversation with Bryan Lankford.

MacGregor was also asked by Mark Lankford's current attorney, James E. Johnson of Moscow, about money paid to Lane Thomas, a former jail inmate who was held in close proximity to Mark Lankford in Latah County, and Lee John Lankford, another brother who lives in Texas.

MacGregor said he did not authorize a $1,500 payment to Thomas and had no knowledge of it beforehand. But former Idaho County Commission Chairman Randy Doman signed a document giving Thomas $1,500 for what Idaho County officials believed was to help him pay for the cost of moving from Idaho to Texas.

Lee John Lankford also was paid more than $2,000 for lost wages when he testified in Mark Lankford's second trial and sentencing hearing.

Although witnesses are not usually paid for anything other than travel and lodging, MacGregor said it is in his discretion to help out witnesses with other expenses when he believes it's warranted.

MacGregor was asked whether he was surprised that Bryan Lankford has supposedly recanted his testimony from the second trial. Since testifying against his brother in the first trial, Bryan Lankford has changed his story a number of times.

MacGregor said it's not unusual for jailhouse "snitches" to recant after a trial to save themselves from violence by other inmates.

Thomas also was called to the stand, but Johnson was unable to elicit any testimony from him. After every question, Thomas invoked his constitutional Fifth Amendment guarantee against self-incrimination. Thomas was represented at the hearing by Moscow attorney D. Ray Barker.

Sunil Ramalingan, a University of Idaho attorney who represented Thomas during Mark Lankford's second trial, said he has no recollection of Thomas being paid $1,500 by Idaho County.

Bryan Lankford is expected to testify today when the hearing continues at the Clearwater County Courthouse.

The state is being represented by LaMont Anderson, an Idaho deputy attorney general from Boise.

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Hedberg may be contacted at kathyhedberg@gmail.com (208) 983-2326.