Judge to consider dismissing murder charges - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Judge to consider dismissing murder charges

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PASCO, Wash -- A Franklin County judge must decide whether to dismiss charges against a Pasco man accused of murdering his former girlfriend and her unborn child.

Shortly after police arrested Kurtis Chapman last May, a detective listened to a taped jailhouse phone conversation between Chapman and his attorney, Matt Rudd. The detective copied the tape and later played it to several other officers.

Rudd says the ten-minute conversation included possible defense strategies and witnesses. He says the detective violated Chapman's sixth amendment rights.

Benton County Prosecutor Andy Miller, who investigated the officer's actions, says he found no evidence of deceit or dishonesty, but Rudd says the detective's actions were "deliberate and odious."

Judge Craig Matheson says he'll study the arguments and case law before deciding whether detectives violated Chapman's civil rights and whether it merits throwing out the charges.

Police arrested Chapman after officers discovered the body of Shenay Greenough, 19, in a crawl space under Chapman's Pasco home.

Chapman is charged with second-degree murder for her death, and manslaughter for the death of the woman's unborn child.