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.

HD DOPPLER 6i
/
  • Top Stories from KHQHomeMore>>

  • States expand opioid investigation as nationwide overdose crisis claims thousands of lives

    States expand opioid investigation as nationwide overdose crisis claims thousands of lives

    Tuesday, September 19 2017 2:02 PM EDT2017-09-19 18:02:28 GMT

    KHQ.COM - Attorneys general from most states are broadening their investigation into the opioid industry as a nationwide overdose crisis continues to claim thousands of lives. They announced Tuesday that they had served subpoenas requesting information from five companies that make powerful prescription painkillers and demands for information from three distributors. Forty-one attorneys general are involved.

    More >>

    KHQ.COM - Attorneys general from most states are broadening their investigation into the opioid industry as a nationwide overdose crisis continues to claim thousands of lives. They announced Tuesday that they had served subpoenas requesting information from five companies that make powerful prescription painkillers and demands for information from three distributors. Forty-one attorneys general are involved.

    More >>
  • Trump: US to 'totally destroy' NKorea if threatened

    Trump: US to 'totally destroy' NKorea if threatened

    Tuesday, September 19 2017 11:20 AM EDT2017-09-19 15:20:01 GMT

    NEW YORK (AP) - President Donald Trump has concluded his first address to the United Nations General Assembly, a speech of more than 40 minutes marked by tough talk for North Korea and Iran. The president referred to North Korean leader Kim Jong Un as "rocket man." And he threatened to "totally destroy North Korea" if the United States is forced to defend itself or allies against the North's aggression.

    More >>

    NEW YORK (AP) - President Donald Trump has concluded his first address to the United Nations General Assembly, a speech of more than 40 minutes marked by tough talk for North Korea and Iran. The president referred to North Korean leader Kim Jong Un as "rocket man." And he threatened to "totally destroy North Korea" if the United States is forced to defend itself or allies against the North's aggression.

    More >>
  • Man accused of killing Cheney pot shop employee confesses in interview

    Man accused of killing Cheney pot shop employee confesses in interview

    Tuesday, September 19 2017 10:20 AM EDT2017-09-19 14:20:42 GMT

    SPOKANE, Wash. - The man who admitted to kidnapping and then killing a stranger outside a Cheney marijuana shop gave a full confession to KHQ's Hayley Guenthner as he sat behind bars. Donavon Culps said he shot victim Cameron Smith "three or four times" after he felt Smith was "disrespectful" to him.

    More >>

    SPOKANE, Wash. - The man who admitted to kidnapping and then killing a stranger outside a Cheney marijuana shop gave a full confession to KHQ's Hayley Guenthner as he sat behind bars. Donavon Culps said he shot victim Cameron Smith "three or four times" after he felt Smith was "disrespectful" to him.

    More >>