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>>

  • THROWBACK THURSDAY: Monsters of ROCK Comes To Spokane In 1988!

    THROWBACK THURSDAY: Monsters of ROCK Comes To Spokane In 1988!

    Thursday, April 17 2014 8:00 PM EDT2014-04-18 00:00:41 GMT
    SPOKANE, Wash. - Throwback Thursday. 1988. Monsters of Rock. Joe Albi Stadium. Need we say more? One of the biggest rock and roll tours of the year made a stop in Spokane, bringing a number of notable bands including Van Halen, Metallica, Scorpions, Dokken and Kingdom Come.>>
    SPOKANE, Wash. - Throwback Thursday. 1988. Monsters of Rock. Joe Albi Stadium. Need we say more? One of the biggest rock and roll tours of the year made a stop in Spokane, bringing a number of notable bands including Van Halen, Metallica, Scorpions, Dokken and Kingdom Come.
    >>
  • UPDATE: PHOTOS Of Sex Offenders Who Live In Kootenai County

    UPDATE: PHOTOS Of Sex Offenders Who Live In Kootenai County

    Wednesday, February 26 2014 6:50 AM EST2014-02-26 11:50:17 GMT
    KHQ.COM - Do you know who lives next to you, or in your neighborhood? KHQ has teamed up with local law enforcement agencies to keep you updated on sex offenders that may be living close to you. The latest photos are from the Kootenai County Sheriff's Office website. All of the offenders have served their time and are not wanted by authorities.>>
    KHQ.COM - Do you know who lives next to you, or in your neighborhood? KHQ has teamed up with local law enforcement agencies to keep you updated on sex offenders that may be living close to you. The latest photos are from the Kootenai County Sheriff's Office website.>>
  • LOOKING FOR A HOME? 10 Homes For Sale In Spokane For $125,000

    LOOKING FOR A HOME? 10 Homes For Sale In Spokane For $125,000

    Thursday, April 17 2014 5:56 PM EDT2014-04-17 21:56:12 GMT
    SPOKANE, Wash. - Spring is a popular time to purchase and sell a home. Here are 10 homes for sale in Spokane for $125,000. These homes were found on www.WindermereSpokane.com. If you would like more information on any of these homes or would like to schedule a tour, contact your real estate agent with the correct MLS number.>>
    SPOKANE, Wash. - Spring is a popular time to purchase and sell a home. Here are 10 homes for sale in Spokane for $125,000. These homes were found on www.WindermereSpokane.com. If you would like more information on any of these homes or would like to schedule a tour, contact your real estate agent with the correct MLS number.>>
  • Top Stories from KHQTop StoriesMore>>

  • 3rd N. Spokane Fast Food Robbery In Three Days

    3rd N. Spokane Fast Food Robbery In Three Days

    Friday, April 18 2014 1:15 AM EDT2014-04-18 05:15:21 GMT
    SPOKANE, Wash.- Spokane Police tell us they have taken two people of interest into custody following a robbery at the Shadle Park McDonald's. It's the third fast food restaurant robbery in the Spokane area in the last three days. The robbery happened at about 6 p.m. Thursday at the McDonald's near N. Belt St. and W. Wellesley Ave.>>
    SPOKANE, Wash.- Spokane Police tell us they have taken two people of interest into custody following a robbery at the Shadle Park McDonald's. It's the third fast food restaurant robbery in the Spokane area in the last three days. The robbery happened at about 6 p.m. Thursday at the McDonald's near N. Belt St. and W. Wellesley Ave.>>
  • Gruesome Murder Trial Continues In Spokane; Alex Rozier Reports

    Gruesome Murder Trial Continues In Spokane; Alex Rozier Reports

    Thursday, April 17 2014 8:35 PM EDT2014-04-18 00:35:52 GMT
    SPOKANE, WA. – The murder trial for suspected killer Daniel Arteaga continued at the Spokane County Courthouse on Thursday as one of the lead investigators took the stand discussing evidence found the night of Kim Schmidt’s death. Arteaga is on trial for the murder of Schmidt, a 34 year old mother he dated for more than 6 years.>>
    SPOKANE, WA. – The murder trial for suspected killer Daniel Arteaga continued at the Spokane County Courthouse on Thursday as one of the lead investigators took the stand discussing evidence found the night of Kim Schmidt’s death. Arteaga is on trial for the murder of Schmidt, a 34 year old mother he dated for more than 6 years.>>
  • The Isaac Foundation Helping Those Dealing With Autism

    The Isaac Foundation Helping Those Dealing With Autism

    Thursday, April 17 2014 8:31 PM EDT2014-04-18 00:31:07 GMT
    SPOKANE, Wash. - New numbers from the Center For Disease Control and Prevention show more children are being diagnosed with autism spectrum disorder.
    >>
    SPOKANE, Wash. - New numbers from the Center For Disease Control and Prevention show more children are being diagnosed with autism spectrum disorder. According to the CDC, autism spectrum disorder affects 1 in every 68 kids. There is no cure but therapy can help children with autism improve speech, motor skills and even their social interactions.
    >>