SPOKANE, Wash. - While the court is still in jury selection the controversy surrounding Clay Starbuck's murder trial is well underway.
Defense attorneys for Starbuck claim critical evidence in the case was not properly tested. Starbuck is charged with killing his ex-wife Chanin and defense attorneys worry jurors won't hear the whole story.
Starbuck's defense team wants his jury to be able to read the sexually charged text messages the victim was receiving the same day she was murdered. Court documents show a man named Tom Walker wanted Chanin Starbuck to send him a picture of her performing a sex act on herself and that's exactly the same way the victim's body was discovered.Starbuck evidence controversy
The defense wants the jury to know about other, possible suspects in the case but Starbuck's attorneys say, so far, the judge in the case has ruled the x-rated details inadmissible as evidence.
"I believe the jury should be able to hear the entire story, not what they think is right or wrong. I think they should be able to hear from day one the facts," Starbuck's son Austin said.
The jury also runs the risk of not hearing the best evidence in the case. According to the defense, that sex toy found with the victim was never tested for the presence of DNA.
"Even the detectives requested to have that evidence tested but for some reason the crime lab has either refused or just hasn't tested it," Clay Starbuck's son Blake said.
The defense also claims there was both blood and semen on the victim that doesn't match any suspects in the case and the Starbucks worry prosecutors are taking an incomplete investigation to trial.
"I feel that mistakes are being made left and right by the judge and prosecution. They aren't allowing certain evidence into the courtroom that is critical to my dad's defense," Blake said.
The defense is so concerned about the suppression of evidence in this case that it asked a high court for an emergency review of the judge's rulings. That request was denied and jury selection will continue Wednesday..
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