Motion Filed To Allow Clay Starbuck To See His Three Young Kids - Spokane, North Idaho News & Weather KHQ.com

Motion Filed To Allow Clay Starbuck To See His Three Young Kids

SPOKANE, Wash. – Clay Starbuck's defense attorneys filed a motion Wednesday at the Spokane County Courthouse asking the judge to drop the no-contact order between Starbuck and his three youngest children that was upheld at his sentencing last week.

"The law does not allow for that," defense attorney Derek Reid told KHQ, adding that it would only make sense if the three children were victims of the crime in a legal sense, which they are not.

Starbuck was convicted in the 2011 murder of his ex-wife, Chanin Starbuck, in June and was sentenced to life in prison without parole last Thursday.

Throughout the course of the trial, Starbuck wasn't allowed to have contact with any of his five children, because they were called as witnesses in the case by the state.  However, that order was lifted for his two adult children when he was convicted.

Reid says they understood the order would also be lifted for the three younger children at Starbuck's sentencing; however, the state asked to uphold it and the judge agreed.

Throughout the sentencing, Clay Starbuck remained calm – except on this one issue.

"[The prosecutor] surprised us today," he told the court.  "We've been expecting the three minor children to be able to visit with me and now in the 11th hour people are trying to make a run to stop that, so I hope you'll take that into consideration."

The motion filed Wednesday says the no-contact order "interferes with Mr. Starbuck's fundamental right to parent," and goes on to say the issue is not the business of a sentencing court, but rather a "family and juvenile court" to decide.

It also cites other case law in which people convicted of crimes have been allowed to see their children, including Mary Kay Letourneau, the Burien, Washington, teacher who was convicted of rape after having a sexual relationship with her 12-year-old student.

"I did prepare several pages to speak about today but this is not the time or place to debate these issues," Clay Starbuck said at his sentencing.  "We're looking forward to a successful appeal and being able to get all the pertinent evidence admitted into court in a fair trial."

That appeal should be filed in the next week or two.  Then, it will be up to a Court of Appeals to decide whether Starbuck's murder conviction stands, or if an error was made during the proceedings that impacted his right to a fair trial, in which case he'd get a new trial.

  • Most Popular StoriesMost Popular StoriesMore>>

  • Felon arrested after bragging to Moses Lake police on Facebook

    Felon arrested after bragging to Moses Lake police on Facebook

    Saturday, May 19 2018 5:19 PM EDT2018-05-19 21:19:17 GMT

    MOSES LAKE, Wash. - Here's a tip: If you're on the run from police, don't brag about getting away on their Facebook page. That's what 19-year-old Kayla Irizzary did before she was taken into custody early Saturday morning by Moses Lake Police. Officers say they first contacted the woman during a traffic stop last week. She was a passenger in the stopped car.

    >>

    MOSES LAKE, Wash. - Here's a tip: If you're on the run from police, don't brag about getting away on their Facebook page. That's what 19-year-old Kayla Irizzary did before she was taken into custody early Saturday morning by Moses Lake Police. Officers say they first contacted the woman during a traffic stop last week. She was a passenger in the stopped car.

    >>
  • 80th annual Spokane Lilac Festival Armed Forces Torchlight Parade draws crowd

    80th annual Spokane Lilac Festival Armed Forces Torchlight Parade draws crowd

    Sunday, May 20 2018 10:30 AM EDT2018-05-20 14:30:08 GMT

    SPOKANE, Wash. - For the 80th year, the Lilac Festival is hosting the largest Torchlight Military Parade in the nation. The streets of downtown Spokane will be filled with bands, floats military and equestrian groups, drill teams and dancers, cars and more.

    >>

    SPOKANE, Wash. - For the 80th year, the Lilac Festival is hosting the largest Torchlight Military Parade in the nation. The streets of downtown Spokane will be filled with bands, floats military and equestrian groups, drill teams and dancers, cars and more.

    >>
  • Woman in smiling mugshot faces manslaughter in DUI crash

    Woman in smiling mugshot faces manslaughter in DUI crash

    Monday, May 21 2018 12:32 PM EDT2018-05-21 16:32:03 GMT

    OCALA, Fla. - A Florida woman who flashed a big grin in a mugshot following a car crash and DUI arrest now faces a new charge and prison time after a crash victim died. News outlets report 44-year-old Angenette Marie Welk didn't smile when a new mugshot was taken Saturday at the Marion County Jail in Ocala. 

    >>

    OCALA, Fla. - A Florida woman who flashed a big grin in a mugshot following a car crash and DUI arrest now faces a new charge and prison time after a crash victim died. News outlets report 44-year-old Angenette Marie Welk didn't smile when a new mugshot was taken Saturday at the Marion County Jail in Ocala. 

    >>
HD DOPPLER 6i
/
  • Top Stories from KHQHomeMore>>

  • Scientists to continue search for Loch Ness Monster using eDNA

    Scientists to continue search for Loch Ness Monster using eDNA

    Wednesday, May 23 2018 10:31 AM EDT2018-05-23 14:31:42 GMT

    LONDON - The search for Nessie continues.  A global team of scientists plan to search the icy depths of Loch Ness next month using environmental DNA in an experiment to discover if Scotland's famous monster really does, or did, exist. eDNA sampling is already used by scientists to monitor marine life, such as sharks and whales. When an animal moves through its environment, it leaves behind tiny fragments of DNA. 

    >>

    LONDON - The search for Nessie continues.  A global team of scientists plan to search the icy depths of Loch Ness next month using environmental DNA in an experiment to discover if Scotland's famous monster really does, or did, exist. eDNA sampling is already used by scientists to monitor marine life, such as sharks and whales. When an animal moves through its environment, it leaves behind tiny fragments of DNA. 

    >>
  • Man sentenced for Space Needle drone crash

    Man sentenced for Space Needle drone crash

    Wednesday, May 23 2018 10:15 AM EDT2018-05-23 14:15:51 GMT

    SEATTLE - A Washington state man has pleaded guilty to reckless endangerment after crashing his drone into the roof of Seattle's Space Needle in 2016.  KOMO-TV reports Cole Kelly received a suspended jail sentence of 364 days after entering his guilty plea in Seattle Municipal Court on Tuesday.  

    >>

    SEATTLE - A Washington state man has pleaded guilty to reckless endangerment after crashing his drone into the roof of Seattle's Space Needle in 2016.  KOMO-TV reports Cole Kelly received a suspended jail sentence of 364 days after entering his guilty plea in Seattle Municipal Court on Tuesday.  

    >>
  • City looks for answers after zombie alert sent to residents

    City looks for answers after zombie alert sent to residents

    Wednesday, May 23 2018 9:34 AM EDT2018-05-23 13:34:10 GMT

    LAKE WORTH, Fla. - Officials say they still don't know who sent a "zombie alert" to residents of a Florida city following a power outage.    Lake Worth spokesman Ben Kerr says an independent investigation is underway to determine who was behind the message sent to some 7,880 customers during a 27-minute power outage Sunday. 

    >>

    LAKE WORTH, Fla. - Officials say they still don't know who sent a "zombie alert" to residents of a Florida city following a power outage.    Lake Worth spokesman Ben Kerr says an independent investigation is underway to determine who was behind the message sent to some 7,880 customers during a 27-minute power outage Sunday. 

    >>