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

Posted: Updated:

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>>

  • PHOTOS: 10-year-old goldfish has surgery to remove tumor

    PHOTOS: 10-year-old goldfish has surgery to remove tumor

    Monday, September 15 2014 2:39 PM EDT2014-09-15 18:39:15 GMT
    KHQ.COM - You could say that George the Goldfish is one lucky fish. When George's owners who were reportedly "very attached to him," learned that George had a life-threatening tumor, instead of putting him down or waiting for nature to take its course, they opted for a life-saving operation to save little George's life.>>
    KHQ.COM - You could say that George the Goldfish is one lucky fish. When George's owners who were reportedly "very attached to him," learned that George had a life-threatening tumor, instead of putting him down or waiting for nature to take its course, they opted for a life-saving operation to save little George's life.
    >>
  • Remembering Beau Weiher: Montana man dies in Glacier National Park

    Remembering Beau Weiher: Montana man dies in Glacier National Park

    Monday, September 15 2014 5:01 PM EDT2014-09-15 21:01:41 GMT
    WEST GLACIER, Mont. (AP) - A 22-year-old Montana man has died, possibly after attempting an illegal BASE jump in Glacier National Park. The National Park Service was notified at Saturday night that Beau Weiher, of Missoula, was overdue from a solo day hike in the Many Glacier Area.>>
    WEST GLACIER, Mont. (AP) - A 22-year-old Montana man has died, possibly after attempting an illegal BASE jump in Glacier National Park. The National Park Service was notified at Saturday night that Beau Weiher, of Missoula, was overdue from a solo day hike in the Many Glacier Area.>>
  • WATCH: Rarely seen 9/11 Budweiser commercial that aired only once

    WATCH: Rarely seen 9/11 Budweiser commercial that aired only once

    Thursday, September 11 2014 8:52 PM EDT2014-09-12 00:52:54 GMT
    KHQ.COM - This Budweiser commercial was produced after the September 11th terrorist attacks. However, it hasn't been widely seen because Budweiser only aired it once so as not to benefit financially from it - they just wanted to acknowledge the tragic event.>>
    KHQ.COM - This Budweiser commercial was produced after the September 11th terrorist attacks. However, it hasn't been widely seen because Budweiser only aired it once so as not to benefit financially from it - they just wanted to acknowledge the tragic event.>>
  • Top Stories from KHQTop StoriesMore>>

  • Police search for attackers after stabbing

    Police search for attackers after stabbing

    Tuesday, September 16 2014 2:38 AM EDT2014-09-16 06:38:49 GMT
    Spokane Police are searching for two suspects after a man walked into an American Medical Response building with stab wounds.It started when a couple were walking near North Madison Street and West Sharpe Avenue with a bike and suitcase Monday night. Two other people approached and tried to steal the belongings. A fight broke out and one of the attackers stabbed the male victim in the back. Both attackers fled with the bike and suitcase.Two bystanders heard the commotion near by and helped tr...>>
    Spokane Police are searching for two suspects after a man walked into an American Medical Response building with stab wounds.It started when a couple were walking near North Madison Street and West Sharpe Avenue with a bike and suitcase Monday night. Two other people approached and tried to steal the belongings. A fight broke out and one of the attackers stabbed the male victim in the back. Both attackers fled with the bike and suitcase.Two bystanders heard the commotion near by and helped tr...>>
  • One airlifted after car rolls down embankment

    One airlifted after car rolls down embankment

    Tuesday, September 16 2014 1:07 AM EDT2014-09-16 05:07:20 GMT
    KETTLE FALLS, Wash. - A Northwest MedStar helicopter air lifted one person to Sacred Heart Medical Center after a car rolled down a steep embankment Monday night, according to Ferry County Sheriff Deputies. The crash happened at Deadman Creek Road in Kettle Falls around 9 p.m.. Two people in their 20's were in the car when it rolled down the embankment.>>
    KETTLE FALLS, Wash. - A Northwest MedStar helicopter air lifted one person to Sacred Heart Medical Center after a car rolled down a steep embankment Monday night, according to Ferry County Sheriff Deputies. The crash happened at Deadman Creek Road in Kettle Falls around 9 p.m.. Two people in their 20's were in the car when it rolled down the embankment.>>
  • Police ask anonymous tipster to call back

    Police ask anonymous tipster to call back

    Monday, September 15 2014 11:58 PM EDT2014-09-16 03:58:23 GMT
    SPOKANE, Wash. - The Spokane Police Major Crimes Unit is asking for the public's help for more information on a fatal shooting that happened in August. Early on August 10, police found the body of 32-year-old Richard Amodio in the parking lot of the Howard Johnson Motel in North Spokane. The motel is on North Division Street just south of where it intersects with East Euclid Avenue.
    >>
    SPOKANE, Wash. - The Spokane Police Major Crimes Unit is asking for the public's help for more information on a fatal shooting that happened in August. Early on August 10, police found the body of 32-year-old Richard Amodio in the parking lot of the Howard Johnson Motel in North Spokane. The motel is on North Division Street just south of where it intersects with East Euclid Avenue.

    >>