Motion Filed To Allow Clay Starbuck To See His Three Young Kids - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

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.

  • Top Stories from KHQTop StoriesMore>>

  • WILDFIRE WATCH 2014: DNR tackling new wildfire near Tonasket

    WILDFIRE WATCH 2014: DNR tackling new wildfire near Tonasket

    Wednesday, July 30 2014 3:03 PM EDT2014-07-30 19:03:06 GMT
    TONASKET, Wash.- The Department of Natural Resources says they are battling a new wildfire northeast of Wauconda and Tonasket. The fire broke out on Tuesday, July 29th and is called the "Torado Mountain" wildfire. DNR crews are attacking this fire from the ground and air.
    More >>
    TONASKET, Wash.- The Department of Natural Resources says they are battling a new wildfire northeast of Wauconda and Tonasket. The fire broke out on Tuesday, July 29th and is called the "Torado Mountain" wildfire. DNR crews are attacking this fire from the ground and air.
    More >>
  • Search warrant executed for animal cruelty investigation

    Search warrant executed for animal cruelty investigation

    Wednesday, July 30 2014 2:33 PM EDT2014-07-30 18:33:23 GMT
    KHQ.COM - A search warrant was executed on Wednesday at 23239 S. Cross Road, Cheney, WA as part of an ongoing investigation of animal cruelty and neglect.SCRAPS received a complaint during the recent Watermelon Hill Fire regarding five horses that were temporarily evacuated to the Cheney Rodeo Grounds.
    More >>
    KHQ.COM - A search warrant was executed on Wednesday at 23239 S. Cross Road, Cheney, WA as part of an ongoing investigation of animal cruelty and neglect.SCRAPS received a complaint during the recent Watermelon Hill Fire regarding five horses that were temporarily evacuated to the Cheney Rodeo Grounds.
    More >>
  • Action Cam: Barefoot & Bubble Soccer Tournament This Saturday In Liberty Lake!

    Action Cam: Barefoot & Bubble Soccer Tournament This Saturday In Liberty Lake!

    Wednesday, July 30 2014 2:01 PM EDT2014-07-30 18:01:55 GMT
    LIBERTY LAKE, Wash. - It's all about soccer this Saturday at Pavilion Park in Liberty Lake! The 2nd annual Barefoot 3v3 soccer tournament kicks off at 8am. 74 teams with players ranging in age from 5 to 50 are participating. In addition to the soccer, there will be an opportunity for you to play "bubble soccer" for a small fee. You have to see it to believe it so check out the videos!More >>
    LIBERTY LAKE, Wash. - It's all about soccer this Saturday at Pavilion Park in Liberty Lake! The 2nd annual Barefoot 3v3 soccer tournament kicks off at 8am. 74 teams with players ranging in age from 5 to 50 are participating. In addition to the soccer, there will be an opportunity for you to play "bubble soccer" for a small fee. You have to see it to believe it so check out the videos!More >>
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and KHQ. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.