Another motion for dismissal filed in triple homicide case - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Another motion for dismissal filed in triple homicide case

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YAKIMA, Wash.-- More problems in the case against a man accused of killing three people in West Valley, nearly two years ago.

Tuesday, prosecutors shared new information on possible eavesdropping of phone calls by the Yakima County Sheriff's Office.

This latest declaration was filed by the prosecutor's office last week, and adds another layer of issues to the case involving Kevin Harper.

Harper is accused of killing William, Pauline, and Elizabeth Goggins in 2010.

One of the prosecutors working on this case says he discovered eight phone calls, between Harper and his attorney that were accessed, or listened in by the lead detective in this case, Brian Jackson.

Now, Harper's attorney, Pete Mazzone has filed a second motion for dismissal, saying this case has been tainted since the detective may have heard information protected by attorney-client privilege.

"They listened to these conversations back in April and May of 2011. So clearly, that influenced whatever was done after that fact," said Mazzone.

Judge Ruth Reukauf had recessed this trial until later this month to give her time to make a ruling on the first motion to dismiss, but with this new information, that has been delayed so they can sort this issue out first.

If she chooses not to dismiss, a hearing into what was heard in these calls is likely to happen.