KYANA SHENAY GREENOUGH - Near-term Baby (2010) - Pasco (SE of Yakima) WA

A Pasco man was charged Thursday under a unique Washington law with
killing the unborn baby of his ex-girlfriend while strangling her.The
charge means Kurtis Robert Chapman, 22, will be the first person in
Franklin County to face trial for first-degree manslaughter in the death
of an unborn child.The new charge for the death of near-term
baby girl Kyana Shenay is in addition to a second-degree murder charge
filed last week in the death of Shenay Greenough. Greenough, 19, was more than 30 weeks pregnant when she was
killed May 8. Kyana was the name Greenough had picked for the baby due
in mid-June, according to her family.Greenough's body, with the
child still in the womb, was found May 10 under the Pasco home where
Chapman lived. Prosecutor Steve Lowe made the decision Wednesday
to amend Franklin County Superior Court charges against Chapman.Lowe
said autopsy results and discussions with Greenough's doctor convinced
him to pursue a second charge for the child's death.Chapman was
notified of the change Thursday during a court hearing. He was scheduled
to enter a plea, but attorney Matt Rutt asked for an additional week.Rutt
said he has not yet received reports from prosecutors.The case
has been assigned to Judge Carrie Runge.Chapman is in jail on $1
million bail. He was arrested May 11 in Pendleton.According to
family, police and prosecutors, Greenough left her West Richland home
the morning of May 8 with Chapman. They were seen around 3 p.m. that day
in Kennewick, then Greenough reportedly sent text messages to a friend
between 3 and 4:25 p.m., saying she and Chapman were fighting over their
breakup.At 6 p.m., Chapman returned to the Kennewick location
without Greenough and admitted to strangling her and leaving her under
his father's Waldemar Avenue home, according to court documents.Christina
Sullivan, Greenough's mother, reported her daughter missing to West
Richland police. Greenough was found dead two days later.She left
behind a nearly 2-year-old son, Ayden.Chapman was not the father
of either of Greenough's children.An autopsy confirmed that
Greenough died from a lack of oxygen. Her death was not premeditated,
according to prosecutors. Court documents include Chapman's claim that
he was just trying to put his former girlfriend to sleep.In the
case of Kyana Shenay, a person can be charged with first-degree
manslaughter if he "did intentionally and unlawfully kill an unborn
quick child by inflicting an injury" to the baby's mother, court
documents said.Lowe explained that the phrase "unborn quick
child" has legal and medical meanings.In medical terms, the
quickening in the uterus means the mother feels the child moving, Lowe
said. The definition is comparable in legal terms, but it "isn't timed
to a specific gestation or age within a womb or viability," he said.Lowe
had to talk with Green-ough's physician about her pregnancy and had to
see what the autopsy turned up about the baby's development. He also
consulted with prosecutors in other Washington counties who recently
have handled similar cases to understand what kind of evidence he will
need to prove an "unborn quick child.""Of course, it will be up
to a jury to decide Mr. Chapman's innocence or guilt in the death of
both Shenay and her child," Lowe said.Chapman is due back in
court Thursday.

A Pasco police detective made copies of three phone calls placed by a
jailed murder suspect after getting a tip that Kurtis Robert Chapman
may have talked about another person being involved, court documents
reveal.After listening to a conversation between Chapman and his
lawyer Matt Rutt, Detective William Parramore took the recording discs
back to the station and played it while nine other officers were in the
squad room, according to Parramore's notes.Rutt says what
Parramore did was a "flagrant violation" of Chapman's Fifth and Sixth
Amendment rights because he should have known instantly that the
conversation was protected by the attorney/client relationship.The
recordings have been destroyed and Parramore ordered not to discuss
what he heard, but the damage is done and now the 5-week-old case
against Chapman should be dismissed, Rutt argued in a motion filed in
Franklin County Superior Court.
Chapman, 22, is accused of strangling his ex-girlfriend, Shenay
Greenough, and killing her unborn baby, Kyana Shenay. His trial is set
for Oct. 20.Benton County Prosecutor Andy Miller has been
appointed as a special prosecutor to review the claims and complete a
report for Rutt. Miller was to interview Franklin County Prosecutor
Steve Lowe on Thursday.The defense motion asks Judge Carrie Runge
to either toss out the charges of second-degree murder and first-degree
man-slaughter, or to disqualify the Franklin County Prosecutor's Office
from handling the case and all officers who heard the tapes from
testifying.The motion will be argued Aug. 10."Detective
William Parramore heard nothing by accident, but rather purposefully sat
down and reviewed a conversation between (Rutt) and his client that was
identified from its inception as a privileged attorney client
communication," the motion says. "While the duplicate recording has been
destroyed, there is no evidence any notes taken by the detective met a
similar fate, or that Steve Lowe was not provided with those notes."Greenough,
19, was found dead May 10 under the Pasco home of Chapman's father. She
was more than 30 weeks pregnant, in addition to having a nearly
2-year-old son. Ayden.Chapman is not the father of either child.Greenough
was last seen May 8 and was reported missing by her mother. The teen
reportedly had sent text messages to a friend saying she was fighting
with Chapman over their breakup. A couple of hours later, Chapman
dropped by a home where he earlier had been with Greenough and admitted
to a friend what he had just done, court documents said. Documents
include his claim that he was just trying to put his former girlfriend
to sleep.He was arrested three days later in Pendleton.Rutt
wrote in his motion to dismiss that Chapman called him from the jail
May 21 to discuss "which experts might be called to testify at trial,
what defenses might be used concerning the charges against him, and
other trial strategies that might be pursued."Rutt said he always
answers his business cell phone with: "Hello, Matthew Rutt, attorney at
law, speaking." That conversation was recorded, like all other
telephone calls into and out of the jail.Rutt included
"supplement notes" from Parramore in his motion to dismiss. In those
notes, Parramore said a supervisor passed on a tip from a Franklin
County corrections officer that Chapman had been overheard "on the phone
talking about deleting a name from a phone, and the person may be
involved with the murder of Shenay Greenough."The conversation
was believed to have occurred at 2:20 p.m., so Parramore said he went to
the jail and searched the computer database for all calls from Chapman
between 2 and 3 p.m. He found three calls -- to Rutt, Chapman's father
and Chapman's girlfriend, who he reportedly started dating about a week
before Greenough's death."Of the three conversations we listened
too [sic] there was no evidence to corroborate the initial information
given to me by (the corrections officer)," Parramore wrote.Parramore
then returned to the police department and played the recordings on a
computer. Seven officers and two sergeants were present, he said.Once
Sgt. Mike Monroe heard it, he asked who was on the tape and, upon
learning it was Chapman talking to Rutt, "advised me he didn't think I
was supposed to listen to that conversation," Parramore said.Parramore
"immediately contacted" Prosecutor Steve Lowe, who said he didn't want
to hear details of what the detective had learned and told him to
destroy the copy of the recording. Lowe also told Parramore to tell the
other officers in the room not to discuss it, which he passed on to Sgt.
Brent Cook to relay to those involved."Since destroying that
disc I have not discussed with anyone the information I heard during the
conversation between attorney Rutt and Kurtis Chapman," Parramore wrote
in his notes. "I also have not conducted any further investigation on
this case since hearing that conversation."But Rutt says in his
motion that doesn't cut it."The information already disseminated
to other parties in this case through the odious eavesdropping by jail
employees and experienced law enforcement officers (of) privileged
communications cannot be retracted. This is not a 'bell that can be
un-rung,' " he wrote. Rutt also argues that law enforcement
"mismanaged the case to the point of negligence by the actions of their
detectives and potential witnesses in this case. Detective Parramore
either was not advised of the importance of attorney-client
communications or was specifically told to disregard them."Chapman
can in no way have a fair trial now "when the very essence of his
defense has been shared or been spread far and wide," Rutt said.
"Witnesses now have months to tailor their testimony to respond to these
defenses, and the state likewise has ample time to prepare its case in
response to defense strategies."Pasco Chief Denis Austin told the
Herald last month that his department would "certainly look into the
matter to determine what the circumstances were -- if it were an honest
mistake, or if there were any intention."

Chapman will get new judge to hear murder case

Posted:
'Tuesday, September 21, 2010




PASCO, Wash. -- A Pasco man accused of killing his girlfriend and her unborn baby will get a new judge to hear his case.

Judge Carrie Runge agreed to remove herself from the case after Kurtis Chapman's attorney Matt Rutt said Judge Runge couldn't be quote "fair and impartial."

Rutt would not give details as to why Kurtis Robert Chapman filed an "affidavit of prejudice" in Franklin County Superior Court.

A new judge is to be assigned next week, and the October 20 trial date is expected to be pushed back.

Rutt said he expects Judge Craig J. Matheson to take over the case.

Chapman faces second degree murder and first degree manslaughter charges for allegedly strangling 19 year old Shenay Greenough. She was more than 30 weeks pregnant with her second child. Police found Greenough's body buried beneath the Pasco home of Chapman's father

http://www.kndu.com/story/13194742/chapman-will-get-new-judge-to-hear-murder-case?redirected=true

Competency of slaying suspect questioned



Updated: 07/01/11


Defense attorneys for a Pasco man accused of strangling his pregnant ex-girlfriend want an expert witness to evaluate their client's competency.
A hearing to determine if statements Kurtis Robert Chapman made to Pasco police after his arrest can be presented at trial was canceled Thursday in Franklin County Superior Court because the expert isn't on board yet.
Attorney Matt Rutt said one of the things they are questioning is if Chapman was competent when he agreed to waive his Miranda rights and spoke to police when he was arrested in Pendleton.
Judge Craig Matheson, who was presiding over a jury trial in Benton County, was not pleased when he found out the hearing was being postponed.
"I'm in the middle of a jury trial, pushing it like mad to get over here ... and you tell me at the last minute it's not going and for no good reason," Matheson said.
"You're not even close to ready ... You don't even have your expert on board."
Matheson said he told attorneys last week that they needed to get the hearing done to keep the trial on schedule.
Rutt explained that they're working on getting the expert on the case. He also said his co-counsel, Bob Thompson, was not able to be at Thursday's hearing because he had a conflicting dentist appointment.
Matheson said if an attorney has a hearing that's been preassigned to a judge and special set and realizes he has a dentist appointment at the same time, advance notice should be given to the court.
Matheson agreed to continue Thursday's hearing to July 25. The trial, which was set for July 27, also was continued to Aug. 24.
The change in the trial date clearly upset the victim's supporters in the courtroom, including her mother, who began cry in court.
Chapman, 23, is accused of killing Shenay Greenough, 19, of West Richland, and her unborn daughter on May 8, 2010. Greenough's body was found May 10, 2010, under the Pasco home belonging to Chapman's father.
Chapman is charged with second-degree murder and first-degree manslaughter.

Read more: http://www.thenewstribune.com/2011/07/01/1728306/competency-of-slaying-suspect.html#ixzz1QxId7hfr

Thursday, Aug. 04, 2011

Pasco murder suspect has 30 days to appeal

PASCO -- Defense lawyers for a Pasco man charged with killing his pregnant ex-girlfriend have 30 days to decide if they want a higher court to review a judge's decision not to dismiss the case.
Franklin County Judge Craig Matheson said the clock started Wednesday for Kurtis Robert Chapman to file an appeal with the Washington state Court of Appeals, or even the state Supreme Court.
Attorney Matt Rutt has previously said he was considering the move after Matheson twice refused to drop the case.
The defense believes that Chapman's constitutional rights were violated when a Pasco detective listened to a recorded jail conversation between Rutt and Chapman. Matheson has ruled that Pasco police Detective William Parramore, along with three other police officers, listened to the call in good faith as part of an investigation into possible obstruction.
Chapman's Franklin County Superior Court trial on charges of second-degree murder and first-degree manslaughter is set for Sept. 21. But an appeal, if accepted by the higher court, would bring the case to a halt until a ruling is issued.
Prosecutors allege Chapman strangled Shenay Greenough, 19, in May 2010. The West Richland woman's body was found two days later under a Pasco home belonging to Chapman's brother.
Greenough's nearly full-term daughter also died.
Two separate hearings are set for September, in the weeks before trial, for Matheson to determine whether evidence should be suppressed and statements Chapman made after his arrest in Pendleton should be excluded from the jury. Chapman is said to have essentially confessed to the crime when he was interviewed by detectives.
Parramore, the lead investigator on the case at the time, did most of the questioning.
Rutt and Prosecutor Shawn Sant agreed in February that Parramore and the three officers who overheard the jail recording are prohibited from testifying at trial.
Matheson clarified Wednesday that he signed that order because he wanted to "prevent any taint from recorded statements from the jail having an impact upon further investigation of the case or the defendant's right to a fair trial."
But he said he didn't think there is an issue with Parramore taking the witness stand at the pretrial hearing about Chapman's statements.


Read more: http://www.tri-cityherald.com/2011/08/04/1592622/pasco-murder-suspect-has-30-days.html#ixzz1VzlPY3VP

http://1027kord.com/kurtis-robert-chapman-pleads-guilty-in-death-of-girlfriend/

Pasco Man Pleads Guilty To Second-Degree Murder, Manslaughter of Ex-Girlfriend


By: Big Bear | November 7, 2011
We have been watching this local story as it gets closer to trial and this morning in a Franklin County court room the defendant Kurtis Robert Chapman plead Guilty.



From the Tri City Herald

A Pasco man admitted this morning to strangling his pregnant ex-girlfriend and leaving her body underneath his father’s home in Pasco.

Kurtis Robert Chapman, 23, pleaded guilty in Franklin County Superior Court to second-degree murder with domestic violence and second-degree manslaughter.

The courtroom was packed with loved ones and friends of both Chapman and his victim as he was sentenced to a prison term of 24 years.

Chapman has been in jail since he killed Shenay Greenough, 19, of West Richland in May 2010.

Greenough was about eight months pregnant at the time. Her unborn daughter also died.

“In the beginning I hated you and couldn’t believe you took my daughter, but as time’s gone on, I don’t know, I have such a huge heart. I actually feel sorry for you,” Christina Sullivan, Greenough’s mother, told Chapman in court today. “I’m so sorry you chose what you did because you also lost your life, or most of it. … I am hurting, but I also feel for you and want you to know that.”

Lawyer Matt Rutt said Chapman heavily used methamphetamine, which affected his ability to form proper judgments.

Co-counsel Bob Thompson read a written statement by his client, in which Chapman apologized for his actions and said he wished he could trade places with Greenough.

“This is about accountability. I will never in a million years be able to trade places with Shenay and Kyana, who I also loved,” Chapman said in his statement. “No amount of apologies will ever bring them back, even though I wish it could.”

Sullivan told the Tri-City Herald that she wasn’t necessarily happy with the plea agreement worked out between Prosecutor Shawn Sant and Chapman’s defense attorneys.

But, she said, it made Chapman accept responsibility for what he did and eliminated his chance to appeal.

“I just agonized about it,” Sullivan said. “All I thought about all this time is the trial. … But it’s the only way to get him for sure and not have to worry down the road about it any more.”

Defense attorneys had appealed an earlier court ruling denying their motion to dismiss the charges against Chapman. They claimed his constitutional rights were violated when a Pasco police detective listened to a recorded jail phone conversation between Chapman and his lawyer.

Judge Craig Matheson had twice ruled the detective’s action was a good-faith error and denied the defense motions.

A request to the state Court of Appeals to review the decision was still pending at the time the plea deal with reached last week, Sant previously told the Herald.