Judge won't throw out case against accused murderer yet
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YAKIMA, Wash. -- The judge in the West Valley triple murder case denied the motion to dismiss the charges against Kevin Harper.
Another contentious day in court focused on a phone call between Harper and his lawyer.
"Security inside the courtroom was heightened as family and friends of the Goggins and Kevin Harper came to hear if the judge would throw out the case."
A picture of the victims: Pauline, Bill and Bette Goggin sat next to the family as they listened to the debate to determine whether the prosecutor and detectives listening to jail conversations between Harper and his lawyer are enough to throw out the case.
After a recess, Judge Ruth Reukauf decided she needed more facts to determine if a law was broken. A separate hearing is now set for next month.
Friends of the Goggins like Ray Vanderwall are relieved.
"It makes me feel better than I felt last night about the possibility of it getting dismissed," Vanderwall said.
The phone calls aren't the only issue in the case. Yakima county prosecutors have yet to provide important information from the case to the defense, including DNA and polygraph results.
Prosecutor Ramm had no answer. This as the victims' family waits for an answer to see if this case will eventually make it to a jury.
If the trial continues it will likely go before a jury in November.
Harper's lawyer wants the trial to take place outside of Yakima County.
From the hearing: 1) The Judge is not ready to rule on the matter yet. Neither she nor the attorney's have enough information yet. Many steps and hearings to go before she can make a ruling.
2) The prosecutor's office can not be a part of this part of the hearing, because they are witnesses, and can not investigate themselves.
3) Mr. Haggarty wants the prosecutor from Benton County to investigate the facts and act as a special prosecutor for this part. The defense wants the Judge to request a prosecutor from the Attorney General's office or the DOJ to come in to handle it.
4) This is going to take a LONG time to deal with.
5) Mr. Harper deserves to have a trial, so that he is given the opportunity to have a Jury determine his guilt or innocence. Â If the case gets dismissed, this will be a shadow over him. (My words, not hers).
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In the end, the Detective and the Prosecutor's office screwed up, because of this, it is going to cost the county ungodly amounts of money extra. And it is not going to go away quickly.
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Heather, if you are going to report about what happened in a two hour hearing, lets get some more details!!Â
Donna, as many are misreading this "Judge won't throw out case against accused murderer yet" Yet is the key word here.
Once the hearing is complete on the Prosecutors or Sheriff's Department Personal violated the Attorney Client Protections then it will be back up in front of the Judge.
Thank GOD, charges are not being dismissed!!