Judge tosses out Chapman defense request for dismissal - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Judge tosses out Chapman defense request for dismissal

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PASCO, Wash. --  A Franklin County judge has thrown out a motion to dismiss murder charges. Kurtis Chapman is accused of killing his pregnant ex-girlfriend.

His lawyers claim Pasco police violated their client's civil rights by recording a jailhouse interview. The judge ruled it was not sufficient enough for dismissal because no secrets were revealed, and no prejudice was evident in the case.

"The fact that it wasn't dismissed today lets me know that we can, we still have a good solid case," says Franklin County Prosecutor Shawn Sant.  The newly elected prosecutor still realizes that changes will have to be made in light of the fact that one of the detectives accused of copying and disseminating the taped conversation has been dismissed as a witness in the case.

Defense attorney Matthew Rutt who expressed disappointment in the judges ruling feels his clients civil liberties were violated by the incident, "it was not justified under any circumstances, after he listened to the recording."

While the judge ruled intrusion could not be justified from the recording, he did find fault with the copying and dissemination of the tape.  

Chapman will now head to trial on March 9th.

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