Trio won't testify against Renfro

COEUR d’ALENE — A judge denied a motion Friday for three inmates to be transported from prison to testify against Jonathan Renfro in this month’s murder trial in Coeur d’Alene.

The inmates were former acquaintances of Renfro’s and part of a list of five potential witnesses who are behind bars and who prosecutors want to appear at the Sept. 11 trial.

First District Judge Lansing Haynes said he had to weigh the importance of their testimony against the impact that testifying would have on the witnesses.

Being transported to Coeur d’Alene to appear in court could interrupt the potential witnesses’ stringent rehabilitation programs, jeopardize the outcome of probation or parole hearings, and raise immunity issues, Haynes said.

Renfro, 29, who is in the Kootenai County jail without bond, is charged with first-degree murder in the 2015 killing of Coeur d’Alene Police Sgt. Greg Moore. He faces the death penalty if he’s found guilty.

Prosecutor Barry McHugh was granted an order by Haynes at Friday’s hearing to have Austin M. Scarborough, 22, of Post Falls, appear for this month’s trial. Scarborough who is behind bars for a burglary conviction allegedly purchased the handgun used in the shooting, prosecutors said.

“We believe he is able to testify regarding Mr. Renfro’s request to obtain a firearm for him,” McHugh said. “Nobody else is able to testify because Mr. Scarborough was involved in the conversation himself.”

Haynes also allowed Michael J. McNearney, 27, of Priest River, who is serving time for rape and theft convictions, to testify for the state. The state expected McNearney to testify regarding Renfro’s alleged assault on a police officer, McHugh said.

The judge put on hold a motion to have Cody W. Parmer, 27, of Lewiston, testify for the state. Parmer, who is serving time for rape and failure to register as a sex offender, allegedly planned a burglary with Renfro. He could help the state rebut an argument by the defense that Renfro is impulsive and incapable of premeditation, McHugh said.

After arguments from Kootenai County defense attorneys Jed Nixon and Douglas Pierce, the judge denied motions to transport Russell W. Irby, 21, of Coeur d’Alene, who is behind bars for a robbery conviction, and Warren J. Watson Jr., 26, who is serving time for burglary and a firearms conviction.

Nixon argued Irby is completing a rider and must still face off with prosecutors to be granted probation. His testimony raises immunity issues.

“Especially since the state would be on the other side determining what his future holds,” Nixon said.

Pierce questioned what his client could bring to the table since the last time Watson and Renfo hung out was a decade ago.

“My client has already stated that his memory regarding Renfro will be thin,” Pierce said. “Rightfully, he will probably say, ‘I can’t remember,’”

In a Friday order Haynes said he would allow one camera in the courtroom during the trial that is scheduled for six weeks. Media is allowed to use cellphones but is prohibited from transmitting court proceedings.

Another pretrial hearing is scheduled Wednesday.