WA - 3 children, ages 13, 9 and 7, among 5 killed inside Fall City home, 15 y.o. in custody - 21 October 2024
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Thanks @Zinn I wish I could edit my post but too late. Sorry folks.
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The new defense team rebutted and said that prosecutors committed prosecutorial misconduct by making defamatory and untrue allegations regarding the former defense’s conduct when it had “clear and unequivocal evidence” refuting said allegations.
As a result, the new defense team has asked for a public apology to the teen and the former defense team.
www.kiro7.com
As a result, the new defense team has asked for a public apology to the teen and the former defense team.
New defense team for teen accused of killing 5 relatives denies evidence tampering, demands apology
The hearing that will determine whether the boy will be tried as an adult is set for June 2025.
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"I first learned of these accusations after the state filed their motion. I was shocked and disheartened to learn that such serious allegations were being made against us," wrote Amy Parker, supervisor and attorney at the King County Department of Public Defense - ACA Division. "In my nearly 20 years of practicing law, I have never been disciplined or found to have violated my ethical obligations under the [rules of professional conduct]."
According to the memorandum, Gestaut was appointed to represent the 15-year-old suspect due to staffing shortages. The declaration from Parker supports that, in which she states the resources required to represent the boy will be "substantial," and the King County Department of Public Defense did not have the resources to defense his case in house.
Gestaut, the boy's current defense attorney, wrote in the memorandum that a quick review of some of the prosecutor's photos of the scene show accusations against the former defense team are false.
The boy's current defense is now asking prosecutors to comply with its discovery demand filed Nov. 18 and turn over all communications that went on between themselves and law enforcement related to the accusations.
www.king5.com
According to the memorandum, Gestaut was appointed to represent the 15-year-old suspect due to staffing shortages. The declaration from Parker supports that, in which she states the resources required to represent the boy will be "substantial," and the King County Department of Public Defense did not have the resources to defense his case in house.
Gestaut, the boy's current defense attorney, wrote in the memorandum that a quick review of some of the prosecutor's photos of the scene show accusations against the former defense team are false.
The boy's current defense is now asking prosecutors to comply with its discovery demand filed Nov. 18 and turn over all communications that went on between themselves and law enforcement related to the accusations.
Defense for teen accused of killing 5 family members in Fall City denies tampering allegations
One of the boy's former publicly-appointed attorneys and a forensic investigator deny tampering with the crime scene.
www.king5.com
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Please don't hold your breath waiting on a public apology former Defense Team and 'teen'. The State has digital evidence that items were moved.The new defense team rebutted and said that prosecutors committed prosecutorial misconduct by making defamatory and untrue allegations regarding the former defense’s conduct when it had “clear and unequivocal evidence” refuting said allegations.
As a result, the new defense team has asked for a public apology to the teen and the former defense team.
New defense team for teen accused of killing 5 relatives denies evidence tampering, demands apology
The hearing that will determine whether the boy will be tried as an adult is set for June 2025.
Former D surely couldn't get out of that case fast enough when it became public news, if they had 'clear and unequivocal evidence' refuting these allegations, why didn't they present and respond themselves???
I believe an apology and so much more is owed to the sole surviving victim of the family annihilation by the accused 'teen'.
MOO
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This reporter states both sides will be back in court on Monday.
The whole situation seems messy. Is there preexisting bad blood between these two public offices, politically speaking? Or was the prosecutor’s office/KCSO upset because the defense got a second bite at the apple back at the crime scene - without the KCSO being present?
Seems like there is something more than meets the eye here? Maybe the communications between LE and the DA will reveal more.
Regardless, both sides have two months before the hearing on January 25th!
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Good question, I think we won't hear much information until then.
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FALL CITY, Wash. — A King County judge determined that defense attorneys did not violate a court order during a visit to the home where a 15-year-old boy is accused of massacring his family in Fall City.
In a motion hearing Monday morning, Judge Veronica Galvan denied the prosecutor's request to obtain data, notes, and photos taken by the defense during the Oct. 29 visit.
“This court finds that there was no misconduct whatsoever," Galvan said. “The defense wanted an opportunity to look at the scene themselves, to have their investigator look at the scene with them, to document things, which they are entitled to do.”
komonews.com
Much more at link.
In a motion hearing Monday morning, Judge Veronica Galvan denied the prosecutor's request to obtain data, notes, and photos taken by the defense during the Oct. 29 visit.
“This court finds that there was no misconduct whatsoever," Galvan said. “The defense wanted an opportunity to look at the scene themselves, to have their investigator look at the scene with them, to document things, which they are entitled to do.”
Judge finds no misconduct by defense team during Fall City murder crime scene visit
A King County judge determined that defense attorneys did not violate a court order during a visit to the home where a boy is accused of massacring his family.
komonews.com
Much more at link.
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Judge finds no misconduct in handling of quintuple homicide crime scene in Fall City
The state accused the defense of tampering with evidence. In turn, the defense alleged the state made those claims while having evidence to the contrary.
www.king5.com
12/3/24
In the end, the judge ruled that none of the allegations from either party had merit, hinging on the fact that the crime scene had been turned over to the family before the search by the defense team was conducted. The judge had acknowledged at a previous hearing that because the scene was no longer preserved, it was unlikely that any forensics gathered during the defense's investigation would have merit.
Essentially, there was no evidence tampering by the defense or KCSO, because at that point, multiple people other than law enforcement had been inside the home. There was no way to verify what had already been touched or moved by family members or others who had visited.
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I agree. The hostility and tension between this judge, the prosecution, and the defense team feels oddly disproportionate to the question at hand.
This is certainly a strange case.
From the articles posted above:
...the crime scene had been turned over to the family before the search by the defense team was conducted.
...at that point, multiple people other than law enforcement had been inside the home. There was no way to verify what had already been touched or moved by family members or others who had visited.
...Senior Deputy Prosecuting Attorney Jason Brookhyser admitted the Clorox wipes were actually not missing from the home as the prosecution had originally claimed
I mean what is going on here? If law enforcement had turned over the home to the family and it was no longer an active crime scene, why did they make this huge stink about defense misconduct? It seems like a huge overreach.
And this is a public defender that they are accusing. She works for the same government as LE and the prosecutors. They must all know each other very well. Why are these wild accusations being flung about?
It makes me wonder if there's some intra-departmental politics at play that have nothing to do with this case.
I take the PD at her word that her case load is too heavy for her to handle this trial. We all know that public defenders across the country are over-burdened and I assume that King's County is no different. She's likely dealing with a dozen or more simultaneous cases, so I find it completely believable doesn't have the bandwidth to prep for a contentious, complicated murder trial. And, from what I've seen, it's pretty common to have the PD's office appoint a private attorney in circumstances like these.
I know that there are a lot of overzealous defense attorneys out there. But, the PD in this case is a twenty year lifer. There's no real upside for her to tamper with evidence. It's not like she'd get more business or end up as a CourtTV talking head. And she wouldn't have even chosen this case, it would have just been assigned to her on rotation.
Even now, after the latest court hearing, it seems like there's a whole bunch of vitriol being directed the PD's way on social media. Are people just so angry at the killer that they are lashing out at his attorneys whether or not there's any real wrongdoing on their part?
From the articles posted above:
...the crime scene had been turned over to the family before the search by the defense team was conducted.
...at that point, multiple people other than law enforcement had been inside the home. There was no way to verify what had already been touched or moved by family members or others who had visited.
...Senior Deputy Prosecuting Attorney Jason Brookhyser admitted the Clorox wipes were actually not missing from the home as the prosecution had originally claimed
I mean what is going on here? If law enforcement had turned over the home to the family and it was no longer an active crime scene, why did they make this huge stink about defense misconduct? It seems like a huge overreach.
And this is a public defender that they are accusing. She works for the same government as LE and the prosecutors. They must all know each other very well. Why are these wild accusations being flung about?
It makes me wonder if there's some intra-departmental politics at play that have nothing to do with this case.
I take the PD at her word that her case load is too heavy for her to handle this trial. We all know that public defenders across the country are over-burdened and I assume that King's County is no different. She's likely dealing with a dozen or more simultaneous cases, so I find it completely believable doesn't have the bandwidth to prep for a contentious, complicated murder trial. And, from what I've seen, it's pretty common to have the PD's office appoint a private attorney in circumstances like these.
I know that there are a lot of overzealous defense attorneys out there. But, the PD in this case is a twenty year lifer. There's no real upside for her to tamper with evidence. It's not like she'd get more business or end up as a CourtTV talking head. And she wouldn't have even chosen this case, it would have just been assigned to her on rotation.
Even now, after the latest court hearing, it seems like there's a whole bunch of vitriol being directed the PD's way on social media. Are people just so angry at the killer that they are lashing out at his attorneys whether or not there's any real wrongdoing on their part?
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IMO, Judge Veronica Galvan's recent ruling is tripping over the words of her own Order (i.e., the house be preserved) issued on Monday, Oct 28 to even allow the defense 10 hours to enter the home unsupervised (by KSCO) on Tuesday, Oct 29 to document evidence:
The Court Order of Oct 28 followed the defense alleging the surviving 11 year old's witness statement inaccurate, and the shooter's narrative that his younger brother committed the murders before killing himself, "is forensically viable."
In it's Motion, Defense attorney Amy Parker also alleged that defense attorneys were only allowed into the home for one hour several days after the killings and requested the defense be able to investigate the crime scene again, and further stated:
“Because of the quick arrest in this case and the narrow focus by law enforcement, a defense review of the crime scene is needed,” and “It is my experience that law enforcement can and does engage in bias investigations when they think they have the ‘right’ suspect.”
The family's Attorney asked a Judge to deny the defense team unsupervised entry into the home after WSP had processed the scene for 20 hours and took over 1200 photographs -- adding that the grandmother wanted to have the property cleaned and to retrieve the family's personal items.
Reportedly, Judge Galvan Ordered the house be preserved and allowed the defense team about 10 hours to enter the home and document evidence on Tuesday [Oct 29].
Galvan gave four members of the defense team a 10-hour window to take pictures and conduct a 3D scan inside the home, as well as search the boy’s bedroom. The order prohibited the attorneys from removing items from the home, or searching through "file cabinets, containers, drawers, digital devices, and the like."
“The defense team may only view items that are in plain view,” Galvan wrote in the order.
Reportedly, the King County Sheriff's Office (KCSO) digitally documented the home before and after the defense team’s access. The prosecutions memo provided that after comparing KCSO's before and after photos, there was evidence that the defense violated and/or exceeded the scope of the Court Order to document evidence.
"The state is particularly interested in those materials obtained on Oct. 29, because KCSO was not permitted to observe defense counsel or their agents as they spent hours in the residence, and a comparison of the photographs taken in the front entryway of the residence, as well as from the boys’ and girls’ rooms before and after their presence there suggests that they exceeded the scope Certification and Motion to Compel Discovery permitted by the Court’s order,” Brookhyser wrote. “The State is entitled to possession of those materials in the due course of counsels’ reciprocal discovery obligations, and the Court should also have access to those materials in order to properly determine whether counsel complied with the presumption that they would behave as ‘officers of the court’ when granted unmonitored access to the scene.”
In this matter, I was in agreement with the Prosecution when they first argued
the defense had sufficient access to the home on Oct. 23, when they were given access with the supervision of the sheriff’s office.
“There has been no factual predicate that makes it reasonably likely a second inspection of the residence will produce new information relevant to the defense, nor explanation as to why a second inspection would impact the confidence in the outcome of the trial,” Kline wrote.
Ultimately, what was revealed and/or confirmed at the December 2 hearing was that the scene was no longer preserved when defense took access, and therefore unlikely that any forensics gathered during the defense's unsupervised investigation would have merit -- supporting the prosecution's argument to deny the second access! The judge further ruled that neither the defense nor KCSO went outside the scope of their allowed investigations of the Fall City home.
IMO, the initial defense team threw gasoline at the surviving child witness (and Investigators) after suggesting the child was somehow coached and/or her version of this horrific event biased-- just like the police, should probably rethink the "why" behind the negative comments being directed their way on social media!
11-1-24 Seattle Times
11-17-24 KOMO News
12-2-24 KING 5 News
The Court Order of Oct 28 followed the defense alleging the surviving 11 year old's witness statement inaccurate, and the shooter's narrative that his younger brother committed the murders before killing himself, "is forensically viable."
In it's Motion, Defense attorney Amy Parker also alleged that defense attorneys were only allowed into the home for one hour several days after the killings and requested the defense be able to investigate the crime scene again, and further stated:
“Because of the quick arrest in this case and the narrow focus by law enforcement, a defense review of the crime scene is needed,” and “It is my experience that law enforcement can and does engage in bias investigations when they think they have the ‘right’ suspect.”
The family's Attorney asked a Judge to deny the defense team unsupervised entry into the home after WSP had processed the scene for 20 hours and took over 1200 photographs -- adding that the grandmother wanted to have the property cleaned and to retrieve the family's personal items.
Reportedly, Judge Galvan Ordered the house be preserved and allowed the defense team about 10 hours to enter the home and document evidence on Tuesday [Oct 29].
Galvan gave four members of the defense team a 10-hour window to take pictures and conduct a 3D scan inside the home, as well as search the boy’s bedroom. The order prohibited the attorneys from removing items from the home, or searching through "file cabinets, containers, drawers, digital devices, and the like."
“The defense team may only view items that are in plain view,” Galvan wrote in the order.
Reportedly, the King County Sheriff's Office (KCSO) digitally documented the home before and after the defense team’s access. The prosecutions memo provided that after comparing KCSO's before and after photos, there was evidence that the defense violated and/or exceeded the scope of the Court Order to document evidence.
"The state is particularly interested in those materials obtained on Oct. 29, because KCSO was not permitted to observe defense counsel or their agents as they spent hours in the residence, and a comparison of the photographs taken in the front entryway of the residence, as well as from the boys’ and girls’ rooms before and after their presence there suggests that they exceeded the scope Certification and Motion to Compel Discovery permitted by the Court’s order,” Brookhyser wrote. “The State is entitled to possession of those materials in the due course of counsels’ reciprocal discovery obligations, and the Court should also have access to those materials in order to properly determine whether counsel complied with the presumption that they would behave as ‘officers of the court’ when granted unmonitored access to the scene.”
In this matter, I was in agreement with the Prosecution when they first argued
the defense had sufficient access to the home on Oct. 23, when they were given access with the supervision of the sheriff’s office.
“There has been no factual predicate that makes it reasonably likely a second inspection of the residence will produce new information relevant to the defense, nor explanation as to why a second inspection would impact the confidence in the outcome of the trial,” Kline wrote.
Ultimately, what was revealed and/or confirmed at the December 2 hearing was that the scene was no longer preserved when defense took access, and therefore unlikely that any forensics gathered during the defense's unsupervised investigation would have merit -- supporting the prosecution's argument to deny the second access! The judge further ruled that neither the defense nor KCSO went outside the scope of their allowed investigations of the Fall City home.
IMO, the initial defense team threw gasoline at the surviving child witness (and Investigators) after suggesting the child was somehow coached and/or her version of this horrific event biased-- just like the police, should probably rethink the "why" behind the negative comments being directed their way on social media!
11-1-24 Seattle Times
11-17-24 KOMO News
12-2-24 KING 5 News
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Old news but here is Mark's obituary.
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And here is Sarah's obituary.
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Looks like the 2 younger siblings died of a gunshot wound to the head, while the eldest sibling had multiple gunshot wounds to the head. It makes me question why multiple gunshot wounds to the head for the oldest. He was also the one the shooter was trying to blame for the massacre. It makes me wonder if there was more anger toward him for him to have multiple shots to the head.
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People have wondered who was going to take care of the sole survivor. This will have to be MOO since links to crowdfunding sites are not allowed (So can't link to a source). So... JMO!
...Mark and Sarah Humiston and three of their five children recently passed away in a tragic incident. REDACTED, their 11-year-old daughter, survived and will be cared for by Sarah’s mother and brother, REDACTED and REDACTED.
...Mark and Sarah Humiston and three of their five children recently passed away in a tragic incident. REDACTED, their 11-year-old daughter, survived and will be cared for by Sarah’s mother and brother, REDACTED and REDACTED.
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