By RALPH BARTHOLDT

Staff Writer

COEUR d’ALENE — A Coeur d’Alene judge denied a motion to allow murder suspect Jonathan Renfro to undergo testing by prosecutors without having his attorneys be part of the process.

First District Judge Lansing L. Haynes ruled Tuesday that psychological testing of Renfro by an expert witness hired by prosecutors be audio and video recorded and the recordings be made available to defense attorneys.

In a Tuesday morning hearing at Courtroom 12 at the Kootenai County jail, prosecutors argued they should have the same access to the defendant as his attorneys, so the evidence they collect is equal to what public defenders have regarding their client’s demeanor and mental state.

Renfro faces a first-degree murder charge and a possible death penalty in the fatal shooting of Coeur d’Alene Police Sgt. Greg Moore, who was killed in 2015 during a night neighborhood patrol.

“The issue is, is the defendant available (to prosecutors) in the same way he was available to the defense’s experts?” Kootenai County Prosecuting Attorney Barry McHugh said.

McHugh argued having public defenders in the room, or having the testing overtly videotaped could tilt the results.

“A third party would impact the testing,” McHugh said. “In order to have equal footing it is necessary we not have the distractions the defense wants imposed.”

But public defender Jay Logsdon said the expert does not know what effect a recording would have, although there is a concern Renfro could put on a show for an audience. Logsdon said his client has a Sixth Amendment right to have counsel present.

“None of them are willing to have anyone in the room to see what they are doing,” he said.

Recording the process makes the most sense, he said.

So far, 116 people have been subpoenaed to appear as witnesses in the murder trial that starts Sept. 11 in Coeur d’Alene with jury selection. The state has disclosed 15 expert witnesses it plans to call before the jury, and defense attorneys have disclosed 18 experts.

The next hearing is scheduled Aug. 30 in Coeur d’Alene.