Pre-Trial Motions February 11, 2009

[hilde]

The pre-trial motions that were held yesterday in the matter of The State of Washington v. Shellye Stark were very interesting. I was in attendance, as were a small handful of others not involved in the hearing.

The day was set for Judge Tari Eitzen to hear all motions from both sides of the case. The prosecution filed a motion to exclude defense expert witness, Dr. Lenore Walker, from the case. Their reasoning was that there was no corroborative evidence to support the defense of Self Defense/Battered Womens Syndrome, thus being able to render Dr. Walker's testimony limited to exclude Battered Womens Syndrome. The judge listened to arguments and was given the opportunity to review the law and found in favor of the defense. The judge ruled that there was "substantial" corroborative evidence of domestic violence in the history of the Starks and ruled against the prosecution thereby delivering a large blow to their case.

A few examples of the corroborated evidence of domestic violence were shocking; Dale Stark caused the deaths of two babies carried by his wife, Shellye Stark, by rape with a foreign object as well as two police reports on file with the SPD referencing both Shellye and their son as victims, among other evidence. The prosecution argued that this evidence was not substantial in nature. The judge reviewed case law and, ironically, the case law cited Dr. Walker's opinions as she is the "mother" of the Battered Womens Syndrome, and the judge stated profoundly that the evidence was "substantial."

It was also made clear that Dr. Walker's testimony would only be rebutted by a non-expert, Dr. Robert Henry, Clinical Director of the Forensics Services Unit at Eastern State Hospital. After a nearly three month cross-country search, the prosecution could find no expert to disagree with Dr. Walker's assessment of BWS. It is not even certain that Dr. Henry will testify, as he was listed as a rebuttal witness only. Dr. Henry's role at Eastern State Hospital is as an Evaluator in the Competency Evaluation Program and he is employed by DSHS/MHD in Washington State.

Another defense expert, Dr. Theodore Hariton was discussed as having validated the "likely probability" of Dale Stark having caused the deaths of two of his own children. Prosecutors argued that medical records were absent of any information that would confirm this, however it is expected that Dr. Hariton conducted a full and complete investigation before rendering his opinion. No evidence was cited by the prosecution as to any other cause of the deaths of the infants. Dr. Hariton is a national expert in sexual abuse and trauma in pregnancy with an extensive curriculum vitae. Dr. Hariton is being reserved as a rebuttal witness for the defense and it is not known if he will be required to testify.

The prosecution's motion to exclude Dr. Walker was denied earlier this month. The best they could try to accomplish was to limit her testimony and their request was denied yesterday.

Other motions heard that fell within the Motions in Limine were merely about semantics, a photograph, a new rebuttal witness and clothing.

The judge made the decision to re-set the trial time from 9:30am on February 17, 2009 to that afternoon, after an impromptu Evidentiary Hearing takes place at 9:30am. Jury selection will begin at 1:00pm on February 17, 2009.

The case has neither been delayed nor rescheduled. The prosecutors swiftly left the courtroom with not-so-happy looks on their faces. This was a major blow to their case.

It begs the question of exactly how serious the community of Spokane considers the issue of Domestic Violence. With medical records and police reports, among other evidence and expert opinions, the prosecutors and the detectives are scoffing in the face of this very crucial issue. What message does this send to the community of Spokane? How will the community interpret the prosecution of a battered woman who acted in self-defense? With Dateline NBC covering this case, how will the District Attorney of Spokane be able to justify the prosecution of this case should Ms. Stark be found Not Guilty? Considering the corroborated evidence being discussed in the pre-trial hearings, it seems as if the city of Spokane will have questions in need of answers.

[bystander]

Hilde nobody posting on this board is in favor of domestic violence and neither is the city of Spokane. What you seem to have forgotten was Shellye left this abusive relationship (if that is what it was) and moved to California ON HER OWN. She continued a life of prostitution and Dale was not there to force her to do it. She did it because she liked it and she liked the money. Why would this "traumatized battered" wife come back to get a restraining order and than think it smart to deliver it herself or if she wasn't going to deliver it and he happen to "arrive home early" what kind of mother/aunt would have the children present a violent man with a restraining order that removes him from his own home? This in addition to the fact she had not just one but TWO guns brought to her (The handgun and a shotgun) makes it pretty obvious she thought this out. Any woman who was "afraid for her life" would have had the police deliver the restraining order and wait for the man to leave the house before entering it. The fact is she planned this murder and she executed Dale before he even knew what happened out of greed.

Why is it that charges were not brought up against Dale when these babies died if it was his fault? And how is it all these years later there is any physical evidence to prove this was done? I mean if the evidence is here now it was certainly around at the time it happened. What kind of woman would stick around after her babies were killed? And yes I am sure you are going to lecture me about BWS but if she had the courage to leave years later wouldn't she have left at the time this happened? After all they were her babies.

I do believe there are true cases of BWS and that women can be in a position to do what they have to do to save their life or their children's lives. This is NOT the case with Shellye. This murder was thought out and planned. She had not been living with him being abused by him day in and day out when she murdered him in cold blood.

I just pray the jury sees through the excuses in this case and does the right thing, convicting her.

[Bonnie Kernene]

Sorry, Hilde, but the main issue in this case is THE MURDER OF DALE STARK. Regardless of your opinion of the alleged abuse, it was not happening at the time of the murder, therefore, it is only mitigating circumstances. Ask Donna Yaklich. She was abused, people knew it but ignored it. She still spent many years in prison. So, if Shellye is found guity, I hope she is put away for a long time. Now, if she was being abused by Dale when this murder occurred, show the pictures of this. Because if this was true, the police would have photographed her injuries when she was arrested. So, let's see them.

[doug]

It has been confirmed that Brian Moore of Corona, CA is not going to be a witness in this case. When asked, Deputy Prosecutor, Mark Cipolla, of the Spokane County District Attorneys Office said, “We don’t think we’ll be calling Mr. Moore as a witness in this case.” When asked to comment further, Deputy Prosecutor Cipolla had no further comment and failed to return phone calls.

The South Hill shooting of Dale R. Stark, 47, a resident of Spokane, WA, has many citizens of Spokane confused about the investigation and prosecution of this case. With recent disclosure of domestic violence within the marriage of the couple, a central key in this case, many residents are asking questions about the prosecution of defendant, Shellye L. Stark, 46, also a resident of Spokane, WA. If allegations of severe domestic violence that were recently offered in court proceedings prove to be valid, the community of Spokane will have to take a critical look at how this case has come to trial. An investigation has already uncovered evidence that points to the allegations to be factual. Police reports dating back to the early 1990s are on file at the Spokane Police Department that demonstrate at least some of the assertions to be true, causing citizens to wonder why comments made earlier last year by the Spokane Police Department to the contrary were made. At this time, research has unfolded evidence that confirms some of the more harsh allegations of domestic violence by the “victim” in this case to be substantiated to some degree.

Local journalists are taking a keen interest in the investigation of this case. Along with many other cases having been mishandled by Spokane police detectives, resulting in the formation of a watchdog task force, many citizens have taken to the Internet in search of help.

For a brief rundown of some of the issues faced by the citizens of Spokane, you can visit the following link:

tinyurl.com/spokanepoliceabuseinblogs

The people of Spokane are becoming increasingly outraged by tactics used by the police detectives which include anonymous blogging on the internet using false identities.

For further information, there will be a complete article regarding the events of this investigation and trial in an upcoming issue of The Spokesman Review.

[xqqqsme]

How "priceless", I mean useless was that whole post. Just one more brainless drone ant that belongs to Brian. Jump back on your hypocritical high horse and quit whining and bitching because that's exactly what you're doing. I especially love the part where you start trashing someone else by making fun of their spelling errors when throughout your whole post you kept spelling the word "your" at times when it actually should have been "you're" as in YOU ARE. But oh how the hypocrites run rampant whenever Brian's involved.

The trial has now started so just let it play out. Hilde can post all she wants on here about how the trial is going but since she's a legal novice herself I wouldn't take much of what she describes as accurate, especially with how she put so much of a slant on how the pre-trial motions went.

As for Dr. Lenore Walker, she may be an expert on BWS but why not...she's the one who coined the term. It's not even a scientific or psychological diagnosis for ANYTHING and if you think it is, tell me what medical or science book it is found in. I spent about five minutes on the internet and found someone with degrees in both psychology and law, currently practices both, and has done extensive studies on BWS specifically as it pertains to being used as a defense and guess what...his conclusions differ from Dr. Walker...and he is published in law journals for his work. So this whole story about the prosecution couldn't find anybody in the whole wide world to oppose her testimony is a bunch of bull. It actually should make the defense more nervous if the prosecution didn't bother to obtain their own expert because apparently they are confident enough that it isn't even necessary.

Finally, for all you little brainless drones: get a f*cken backbone and stop regurgitating all the garbage that Brian has programmed into you. Stop trying to "call out" people on the board on his behalf because if he was such an honest man and had all this hardcore proof against all these people, why hasn't he done anything with it yet? All of the things he is accusing others of have nothing to do with Shellye's trial so why wait all this time unless he is full of it. Don't be so quick to fall for the con. Don't be so blind and stupid. You think you're a good judge of character and could tell if there was something bad about him. First thing you should do: GO TALK TO HIS WIFE...AGAIN LET ME REPEAT: HIS WIFE. Yeah, remember the lady he was, oh and still is, married to for over 15 years that he told everyone was DEAD.

Don't forget about the numerous people who have known him, worked with him, sought help from him, befriended him, whatever, for many many many years who thought they knew him up until he stabbed them in the back. Even now he continues to twist it to several people. If you have an ounce of intelligence in your head you will logically be able to come to the conclusion that ALL of these people that have ever crossed his path can't be lying, drug abusing, criminals that are all out to get him. Those odds just don't exist in reality. So yeah to quote "priceless":

"Nobody named you the one to place judgment- so quit. Nobody named you the one to call out the faults of others- so stop.
Stop
Read
Comprehend
Gather your thoughts, write your words-- read them again, use spell check for heavens sake.
Build a bridge get over your "feelings" hurt or otherwise. Make sure you have your facts straight before you continue on your bashing. Enough of your whining and senseless bitching."

[iknowsteve]

Trial Update 02/17/09 State vs. Stark:
An emotional upheaval in the courtroom of Judge Tari Eitzen occurred today as opposing attorneys argued during the morning’s Evidentiary Hearing scheduled last week at the last minute. Tempers flared at the table of the prosecution, with outbursts continuing in the hallways outside the courtroom. Deputy Prosecutor Mark Cippola left Room 301 in a fit of rage, throwing his briefcase against a bench and it was obvious that he was unhappy with the recent proceeding. Within the courtroom at the onset of the hearing, Deputy Prosecutor Cippola had immediately offered his displeasure with information supplied to him by defense counsel the week prior.

During the scheduled Pre-Trial Conference on 02/11/09, the prosecution attempted to limit the testimony of defense expert, Dr. Lenore Walker, to only information gleaned by her during her examination of the defendant. “When will (admission of evidence) end?” declared Cippola. In an eloquent and calm manner, defense lead attorney, Russell Bradshaw answered, “It will end when my client is finished testifying.” The judge ruled that not only could Dr. Walker testify to the information she learned during her testing and interview of the defendant, but she could also testify to the defendant’s actual testimony, in general, to be offered just prior to her scheduled appearance on the stand. The prosecution had failed at yet another attempt to stifle the impact of such a key expert witness.

Later in the day, with Spokane Police Detective Kip Hollenbeck joining the counsel at the table of the prosecutors, Cippola was overheard as saying to the detective, “I can’t stop her,” to which Det. Hollenbeck appeared highly upset. Det. Hollenbeck has spent over one year investigating this case and he shared in the frustration that the “Mother of the Battered Woman Syndrome” was given the green light to testify in the manner allowed by law, cited by Judge Eitzen. Earlier in the hearing, both Cippola and Hollenbeck laughed aloud in the courtroom as defense counsel discussed attributes of Domestic Violence as they relate to the behavior of a battered woman, causing many in the courtroom, including the judge, to raise an eyebrow at their obvious disrespect for the issue.

Jury selection began within the hour and a very different face was put on those seated at the prosecutor’s table. Both Cippola and Hollenbeck changed their disposition instantly to that of mild-mannered and pleasant gentlemen as they were introduced to the jury pool. Remaining consistent to character, Deputy Prosecutor Larry Haskell played no role in the courtroom antics of Cippola and Hollenbeck.

The jury pool saw no sign and had no inclination of the tantrum demonstrated by Cippola, however the tension in the courtroom remained. Cippola has a reputation for having a temper that can be out of control. At the end of the day, he was seen screaming at a driver in a vehicle along Broadway Avenue, just south of the Spokane County courthouse.

The defense table was professional and calm during the entire day in the courtroom.

The jury should be seated by the end of the day, 02/19/09.

I was in attendance in the courtroom during most of this time. I wonder what Judge Eitzen would think when she finds out about Steve. Makes one wonder.

One note about a comment left by another poster:

What transpired during the Pre-Trial Conference on 02/11/09 resulted in an unscheduled Evidentiary Hearing on 02/17/09. Both sides had completed their discovery exchange and the prosecution had filed a motion asking that Dr. Walker's testimony be limited to only corroborated incidences revealed to her during her examination of the defendant because the prosecution felt that the BWS piece to the Self Defense claim did not apply. They were incorrect, but in the process of solving the problem, the judge asked the defense counsel to provide as many incidences of Domestic Violence that the defendant could recall specifically and have them given to both the judge and the prosecution by the end of the next business day. The defense felt this to be highly irregular since the judge is not to see evidence in this manner and the prosecution would be receiving evidence they were not entitled to.

Obliging the judge's order, the defense turned over the information appropriately and on time. At the next hearing, 02/17/09, the prosecution objected immediately. Please see my summary at the beginning of this post to learn about the resulting events.

[iknowsteve]

Trial Update 02/17/09 State vs. Stark:
An emotional upheaval in the courtroom of Judge Tari Eitzen occurred today as opposing attorneys argued during the morning’s Evidentiary Hearing scheduled last week at the last minute. Tempers flared at the table of the prosecution, with outbursts continuing in the hallways outside the courtroom. Deputy Prosecutor Mark Cippola left Room 301 in a fit of rage, throwing his briefcase against a bench and it was obvious that he was unhappy with the recent proceeding. Within the courtroom at the onset of the hearing, Deputy Prosecutor Cippola had immediately offered his displeasure with information supplied to him by defense counsel the week prior.

During the scheduled Pre-Trial Conference on 02/11/09, the prosecution attempted to limit the testimony of defense expert, Dr. Lenore Walker, to only information gleaned by her during her examination of the defendant. “When will (admission of evidence) end?” declared Cippola. In an eloquent and calm manner, defense lead attorney, Russell Bradshaw answered, “It will end when my client is finished testifying.” The judge ruled that not only could Dr. Walker testify to the information she learned during her testing and interview of the defendant, but she could also testify to the defendant’s actual testimony, in general, to be offered just prior to her scheduled appearance on the stand. The prosecution had failed at yet another attempt to stifle the impact of such a key expert witness.

Later in the day, with Spokane Police Detective Kip Hollenbeck joining the counsel at the table of the prosecutors, Cippola was overheard as saying to the detective, “I can’t stop her,” to which Det. Hollenbeck appeared highly upset. Det. Hollenbeck has spent over one year investigating this case and he shared in the frustration that the “Mother of the Battered Woman Syndrome” was given the green light to testify in the manner allowed by law, cited by Judge Eitzen. Earlier in the hearing, both Cippola and Hollenbeck laughed aloud in the courtroom as defense counsel discussed attributes of Domestic Violence as they relate to the behavior of a battered woman, causing many in the courtroom, including the judge, to raise an eyebrow at their obvious disrespect for the issue.

Jury selection began within the hour and a very different face was put on those seated at the prosecutor’s table. Both Cippola and Hollenbeck changed their disposition instantly to that of mild-mannered and pleasant gentlemen as they were introduced to the jury pool. Remaining consistent to character, Deputy Prosecutor Larry Haskell played no role in the courtroom antics of Cippola and Hollenbeck.

The jury pool saw no sign and had no inclination of the tantrum demonstrated by Cippola, however the tension in the courtroom remained. Cippola has a reputation for having a temper that can be out of control. At the end of the day, he was seen screaming at a driver in a vehicle along Broadway Avenue, just south of the Spokane County courthouse.

The defense table was professional and calm during the entire day in the courtroom.

The jury should be seated by the end of the day, 02/19/09.

I was in attendance in the courtroom during most of this time. I wonder what Judge Eitzen would think when she finds out about Steve. Makes one wonder.

One note about a comment left by another poster:

What transpired during the Pre-Trial Conference on 02/11/09 resulted in an unscheduled Evidentiary Hearing on 02/17/09. Both sides had completed their discovery exchange and the prosecution had filed a motion asking that Dr. Walker's testimony be limited to only corroborated incidences revealed to her during her examination of the defendant because the prosecution felt that the BWS piece to the Self Defense claim did not apply. They were incorrect, but in the process of solving the problem, the judge asked the defense counsel to provide as many incidences of Domestic Violence that the defendant could recall specifically and have them given to both the judge and the prosecution by the end of the next business day. The defense felt this to be highly irregular since the judge is not to see evidence in this manner and the prosecution would be receiving evidence they were not entitled to.

Obliging the judge's order, the defense turned over the information appropriately and on time. At the next hearing, 02/17/09, the prosecution objected immediately. Please see my summary at the beginning of this post to learn about the resulting events.

[lawfan08]

That is such a crock of crap. All I can say is "Iknowsteve" talks a good line but most of what "he" says is absolutely wrong. Mr. Cipolla NEVER ONCE lost control of his emotions. What a bizarre spin on the situation. Trust me, things are not as "he" makes them appear.

[lawfan08]

lol, Mark Cipolla doesn't even carry a briefcase!

[iknowsteve]

He threw something that looks like a briefcase or a big binder and it is going to be on YouTube soon. Our cameras were not close enough to tell what the large dark object was, but we've got his face, body and voice on video doing it. You can deny it all you want, but facts is facts. All the people in the hall from one side to the other were shocked and stopped what they were doing to look. It scared the crap out of me. Please don't continue as if this man is innocent of this. It only makes you look worse.

Here's the thing, there's a large group of people in Spokane who are pretty much fed up with people like Cippola and Hollenbeck. I'm not the only one who goes to watch this trial. There are many in our community who have been gathered for a long time and before this thing even happened who are fed up with what these men do to our community in the name of "justice" and are watching very closely to what transpires here inside the courtroom and outside too.

When you stop to listen and look you see these people for who they really are. They make fun of witnesses, defendants and others when they think they are safe to do so. They have conduct that is not becoming of public servants. They operate outside of the oaths they took as public servants. Their actions and tactics are out of control and the people of Spokane can see it. Even the people who work within the courtroom who handle evidence and interact with jurors do similar things. There is a professional code of conduct that as a minimum guarantees witnesses and defendants have their cases treated with fairness and in a professional manner. The subject of a task force within our police department has been a hot topic for almost two years now because of things like this.

There is a court clerk who has already prejudged this case, posted to the blog and then handled the evidence in this case. They've lied about being present during this judge's trials and thus have proven themselves to be untrustworthy. This violates all professional codes of conduct and makes people in our group suspect of how fair this trial can actually be. In the least, this person should be investigated and removed from a position that would allow him to make a choice of either being a lap dog for an out of control legal system and law enforcement officer or a blogger on the net with a manifesto in the making. He can't be both, in our eyes.

We'll continue to watch and listen. We'll continue to take every opportunity we can to give a perspective of what truly goes on within the Spokane legal and law enforcement community. We'll continue to use resources such as YouTube and the net to show our community who their public servants actually are. We spoke with Dateline NBC in the hall this week and they are very interested in the information we told them about the court clerk and other cases we've been watching that involve the public servants of our community. We'll be meeting with them when the prosecution rests to give them more information we have. This is the perfect case to use as a stepping stone for our own investigations that have gone on for years.

One member here asked about proof that Det. Hollenbeck was trying to stop the Dateline story. Do you think an audio tape of the conversation would do the trick? What about a sworn affidavit that the call took place along with what the request was? We'll be giving all we have to Dateline next week if things work out that it is the right thing to do.

We couldn't be present today, but we'll be present for each and every day of this trial beginning Monday. We have no update for today.

[lawfan08]

And again we venture off track from the main issue. Dale Stark is gone and deserves justice
You can try to muddy the waters all you want. All that matters is that there is a man that is dead because his wife shot him. Whatever comes out at trial and the jury hears will decide this case. All of these ramblings mean absolutely nothing. They aren't going to be part of the trial. They aren't going to presented into evidence. And there's nothing you've said anywhere that justifies the murder of Dale.

[xqqqsme]

ARTICLE FROM THE SPOKESMAN REVIEW DATED 2/21/09

A former Internet prostitute admits she shot her husband five times in the back in a late-night confrontation in a south Spokane home more than two years ago.

But the first-degree murder trial of Shellye Lynn Stark, with opening arguments set to begin Monday, isn’t about whether she did it: It’s about whether the shooting was justified.

More than a year after Dale Robert Stark died in the home he shared with the couple’s teenage son, 12 jurors will decide whether his estranged wife should walk free or go to prison.

A hearing last week offered a glimpse at how both sides will present their cases, with the prosecution painting Shellye Stark, who will turns 47 on Tuesday, as a calculated killer seeking her husband’s estate, and the defense portraying her as a victim of years of marital abuse that led to an abnormal reaction when her husband threatened her.

At the center of the defense’s case is a disorder called battered women’s syndrome and a psychologist considered the national expert on the condition. Domestic violence expert Dr. Lenore Walker has testified in hundreds of trials, including the 1994 trial of Patricia Gallagher in Boundary County, Idaho.

Gallagher was acquitted of second-degree murder in the shooting death of her husband after the defense outlined years of abuse and raised doubt as to whether Gallagher was the shooter.

But that acquittal took two trials – the first jury couldn’t reach a verdict.

Now Walker will be testify in a case that appears to be a hot topic on some crime blogs and in the online prostitution community, where Stark and her boyfriend, Brian L. Moore, of Orange County, Calif., were prominent figures.

Her testimony is key to Stark’s defense, her lawyers, Russell Bradshaw and Bryan Whitaker, said at the Feb. 11 hearing before Spokane County Superior Court Judge Tari Eitzen, who will preside over the trial.

Eitzen hammered the defense about a lack of police reports and other evidence to corroborate claims that Dale Stark mentally and physically abused Shellye Stark through their marriage of more than 20 years, punching her, forcing her into prostitution and, on two occasions, raping her with a foreign object – causing two babies to be stillborn.

While Stark’s medical records document the births, they make no mention of the alleged rapes, her lawyers said.

“Things go on behind closed doors that no one knows about, and that has been the case with this,” Bradshaw said. “In domestic violence, victims, I think it’s fair to say, often don’t disclose what’s happened.”

Deputy prosecutors Mark Cipolla and Larry Haskell sought to disqualify Walker’s testimony to be disqualified. While that effort was unsuccessful, Eitzen’s remarks led Bradshaw to admit “we don’t have as much as I wish we had.”

The lack of documented evidence of a cycle of marital abuse has “been so frustrating for us about this case,” Bradshaw said. “There is not a lot of corroborating evidence.”

The prosecution says that’s because the alleged abuse didn’t happen. Counseling sessions where Shellye Stark alleged abuse came after her husband’s death, prosecutors said.

Said Cipolla at the hearing: “The defense is putting the victim on trial here.”

Police arrived at Dale Stark’s home at 1620 S. Maple St. about 1:45 a.m. Dec. 9, 2007, in response to a 911 call from Shellye Stark about the shooting.

Shellye Stark had traveled from California and obtained a restraining order against her husband Dec. 7, court documents show. Her request for the restraining order alleges years of abuse and threats by Dale Stark.

Shellye Stark had been living in California for at least a year, working as what her lawyers called a “fairly high-priced” prostitute known as Nikita Jennifer who traveled across the country for appointments sometimes booked by Dale Stark.

She told police she was at the home with her nephew to serve the restraining order to her husband, who she said was due home early that morning from a business trip and had been threatening her and her boyfriend.

“She surprised him when he came home from the business trip at 2 or 3 in the morning,” said Spokane police Detective Kip Hollenbeck, the lead investigator. He called the killing “basically an ambush.”

But Shellye Stark said her husband, whom the defense describes as a compulsive gambler who flew into rages at the slightest disturbances, had threatened to kill her and was going to grab a kitchen knife on the table, court records show.

Years of physical and emotional abuse had made her a victim of battered women’s syndrome, Stark’s lawyers argue, which elevated her defensive reaction.

“He had a look in his eye,” Bradshaw said. “She knew what he was going to do.”

Understanding battered women’s syndrome will help explain “what some have considered an unnecessary act on behalf of the defendant,” Bradshaw told the court.

The Starks’ only child, Christopher, now 18, is listed as a witness for both sides. But the defense told Eitzen that he’ll be discussing abuse by his father and that he witnessed abuse against his mother, which Shellye Stark will also discuss on the stand.

Also expected to testify is Shellye Stark’s sister Karen Jacquetta, who police say drove from her Priest River home the day before Dale Stark’s death to deliver her sister a handgun. But when she hit a moose en route and was hospitalized, her son retrieved the weapon from the wreckage and gave it to his aunt, according to police.

E-mails Dale Stark sent to Shellye Stark and Moore, her boyfriend, could be presented by both sides. The defense says they show threatening behavior by Dale Stark; the prosecution says they show he was simply angry with Shellye and was demanding child support payments.

“The fact that a person got angry doesn’t make it an issue of battered wife syndrome,” Cipolla said.

Jury selection will continue Monday morning, and opening arguments could begin that day.

Meghann M. Cuniff can be reached at [phone] or at [e-mail].

[justareader]

Opening statements begin in Stark murder trial- MSNBC.COM 1/23/09 1:14PM
Opening statements begin in Stark murder trial
KHQ-TV
updated 1:14 p.m. PT, Mon., Feb. 23, 2009
SPOKANE, Wash. - A mistrial has been declared in the murder trial against a Spokane woman accused of killing her husband. Opening statements had been scheduled to begin Monday at 1:30 p.m. in the trial of Shellye Stark. Stark is accused of killing her estranged husband Dale Stark. Stark admits to shooting him, but says she was abused for years before the shooting.

Previous CoveragePolice shooting investigation documentsStatement from Shellye Stark's arresting officerShellye Stark's petition for order for protectionWitness support of request for restraining orderDale was shot in December 2007. Police responded to the scene after receiving a 911 call from a woman claiming to have just shot her husband.

Authorities recovered a handgun at the scene and transported Dale Stark to Deaconess Medical Center where he was pronounced dead. Major Crimes Detectives detained Shellye Stark and family members for questioning.

According to a police spokesperson, Stark and her husband had been separated and were living in different parts of the country while maintaining a house here in Spokane. Both husband and wife met at the house on South Maple where a family member served Dale with a temporary restraining order.

Shellye told police Dale refused to leave the premises and begin looking for a knife when she shot him 5 times, 3 of which were in the back.

Prosecutors in the case claim Stark killed her husband in order to obtain money from his estate.

The entire trial is expected to last two weeks.

URL: www.msnbc.msn.com/id/29353596/

[brandy777]

Posted by Bonnie Kernene on Feb 14, 2009, 2:56pm
Sorry, Hilde, but the main issue in this case is THE MURDER OF DALE STARK. Regardless of your opinion of the alleged abuse, it was not happening at the time of the murder, therefore, it is only mitigating circumstances. Ask Donna Yaklich. She was abused, people knew it but ignored it. She still spent many years in prison. So, if Shellye is found guity, I hope she is put away for a long time. Now, if she was being abused by Dale when this murder occurred, show the pictures of this. Because if this was true, the police would have photographed her injuries when she was arrested. So, let's see them.


VERY good example: Donna Yaklich, GREAT MOVIE as well
I know this lady (first name only) Billye Jo. Was married to a Chicopee Mass cop, He used to beat the Sh*t out of her. She Would call the cops and OF course they would say "Come On Billye you know he didn't mean it" Cause those are his buddies. She suffered a broken nose, he broke her jaw,broke her wisdom teeth, put her in the hospital. NOT ALL IN ONE NIGHT. I asked her how she got out? She said she left with daughter to fl. to live with her sister for awhile until she got the restraining order etc and divorce papers straightened out. She left her daughter in FL. So she could do this stuff. BUT of coarse he didn't leave her alone. How I know her is she married my aunt. (gay now? YES) NO BIG DEAL. But he must feel sh*tty because a woman could do a better job then he ever could lol. Sorry had to through that in. Anyways, I went with her to the dentist ( GREAT DENTIST) been in practice for YEARS. He said 'your wisdom tooth is broken, did you suffer a blow to the head or have a bad fall"? she said" no , why? he said "because thats the only way those teeth are going to break" he knew she was lying. But shes away from him now. But it could have been a very very awful deadly outcome.