YAKIMA, Wash.-- A judge listened to arguments from attorneys on both sides in the Kevin Harper murder case today.

The court is trying to figure out how to handle eight phone calls that police accessed between Harper and his attorney last year.

Harper is accused of killing three people in west valley in February 2011.

Judge Ruth Reukauf suggested assigning a special prosecutor to find out how the calls were accessed, and whether it violated attorney-client privilege.

The judge suggested appointing a prosecutor from Benton County.

She also voiced her displeasure about how long it's taken prosecutors to go through the evidence and share it with the defense.

"You can't say that you don't know what's been said in here... And you continue to put this court in this position.... And I'm starting to wonder why," says Reukauf.

The judge was considering a motion for dismissal of the trial but she says that will likely be put on hold until they resolve the phone call issue.

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