Starbuck defense makes last-minute legal maneuvers

Published On: May 02 2013 03:48:51 PM PDT   Updated On: May 02 2013 06:43:19 PM PDT
Clay Starbuck
DEER PARK, Wash. -

The defense team for Clay Starbuck has made more last minute legal maneuvers Thursday in preparation for his first degree murder trial, where he stands accused of killing his ex-wife Chanin.

Starbuck's defense attorneys want the jury to know that Chanin was seeing a lot of men she barely knew. Prosecutors are also fighting to present evidence that Starbuck was spying on his ex-wife.

One of the state's likely arguments in this case is that Starbuck carefully timed his alleged attack on Chanin to coincide with the arrival of several new boyfriends at Chanin's Deer Park home.

According to new court documents, Chanin suspected her ex-husband was planning an ambush. In a text message to Clay before her death Chanin wrote, "You came into my house, stole my rings, among other things put keylogger on the computer etc...etc.. You are capable of anything."

Chanin's claims her ex-husband was using hidden software called Ardamax to spy on her may be correct. Detectives say they found the keystroke program on his computer.

Investigators think Clay's spyware allowed him to know that Chanin had a date with John Kenlein the same day she was murdered and that he timed the killing to match the morning Kenlein came over hoping he'd be blamed for the homicide.

Members of his family maintain detectives have arrested the wrong man and the case against Clay Starbuck is circumstantial.

"I'm very worried that he's being tried for something he did not do and there is not sufficient evidence," Clay's son Blake Starbuck said.

"I think there is someone out there who is the real killer who is probably having a beer at night while my brother and my family goes through this for over a year and I'm tired of it," Clay's sister Kathy Nasholm said.