Deputy Prosecutor Larry Haskell told jurors they've heard evidence of pre-meditated murder of Dale Stark as they hared testimony in the trial of Brian Moore.
“You've also heard evidence of twisted love and manipulation,” Haskell said.
He said the actions of Moore and Shellye Stark “took this man right there” as jurors saw a photo of a smiling Dale Stark “and turned him into that man right there” as a photo of Stark's bullet riddled body appeared on a TV screen in front of the jury.
“The reason we're here is because Dale Stark was shot to death. The question before you is 'What is Mr. Moore's liability for that?”
Haskell detailed instructions about the charges - first-degree murder and conspiracy to first-degree murder.
He said jurors don't need proof of an actual written agreement to find evidence of conspiracy.
“You can look at conduct of individuals involved in determine whether or not” it appears they acted in accordance with an agreement,” Haskell said.
He pointed to defense lawyer Jeff Compton's statement that this case is an example of law enforcement's imagination running wild, and about Moore's testimony that he was just trying to help Shellye. He also reminded jurors that Shellye traveled to Spokane to obtain a restraining order on her own.
“This is a woman that is so utterly terrified of Dale Stark, according to Brian Moore, that she comes up here on her own to do this herself,” Haskell said.
Haskell reminded jurors that Moore told Shellye to get a gun with hollow point bullets. He also questioned Moore's testimony that he never took Shellye to a shooting range in California.
Haskell said Shellye serving the restraining order was key to Moore's plan.
“It gets her in the house. It gets a reason to be there and it gets a reason to kick Dale Stark out of his house,” Haskell said. He pointed to testimony from private investigator Ted Pulver, who described to jurors Tuesday Moore's admission of the murder plot.
“This plan as designed to put Dale Stark in the most disadvantageous position he could be in,” Haskell said.
Haskell questioned why Shellye asked her 300 pound, 6-foot-2 nephew Dale Johnson to leave before she served the order if she was so deathly afraid of Dale Stark.
Haskell said Dale Stark never had a chance to attack Shellye.
“He came home and he was executed, just per the plan,” Haskell said.
Haskell reminded jurors that Moore said he learned of Dale's life insurance policy on the news after the murder, even though Moore wrote a document that mentioned the life insurance well before that. He questioned Moore's honesty on the stand today, reminding jurors that though Moore told them exact dates of threatening phone calls from Dale, he couldn't remember those dates in earlier interviews with police.
Haskell read an email from Dale to Moore in which Dale apologizes, makes no threats and says he'll leave them alone to live their lives.
Haskell also reminded jurors of testimony from probate attorney Mel Champagne that didn't refute the motive for the case as defense lawyers said. Champagne said the trust fund created for Chris Stark was one of the most unique he'd seen.
“In six months, that money was gone,” Haskell said. But not before Moore got a new car.
“The state would submit that that trust had everything to do with Brian Moore and Shellye Stark's interest, and very little to do with Christopher Stark's interest,” Haskell said.
Haskell reminded them of checks forged from Dale Stark by Christopher Stark, which were cashed by Shellye's father, Curtis Johnson.
He pointed to a letter Moore wrote to Shellye's sister, Donna Haggerty, form jail. Haggerty told jurors she couldn't read it aloud because it would make her sick. Jurors will have that letter during deliberations. He also reminded them that Moore had a credit card belonging to Dale Stark when police arrested him in California.
In conclusion, Haskell reminded jurors tha Moore claimed to be upset by the homicide but then had sex with a secretary on his office couch - the same couch detectives sat on to interview him.
“And when informed of this by Detective Hollenbeck, he laughed and said 'yeah, you're probably sitting in my DNA right now,” Haskell told jurors.
Court is on a brief break before Jeff Compton gives his closing argument.