Spokane7
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December 16, 2010 in City
Spokane woman’s murder conviction thrown out
Shellye L. Stark is led into Spokane County Superior Court Judge Tari Eitzen’s courtroom on Thursday, April 9, 2009.
(Full-size photo)
A state appeals court overturned the murder conviction of a Spokane woman who claimed she killed her husband in self defense after years of forced prostitution.
In a 3-0 ruling, the appellate court’s 3rd Division ordered a new trial for Shellye L. Stark, who is serving a 51-year prison sentence for the Dec. 9, 2007, shooting death of Dale R. Stark at 1620 S. Maple St. on Spokane’s South Hill.
The judges found fault with the trial court’s jury instructions and other legal technicalities.
A Spokane County Superior Court jury convicted Stark, 48, of first-degree murder and conspiracy to commit first-degree murder in March 2009, after a two-week trial in which Stark claimed self defense and told sordid stories of forced prostitution and other abuse at the hands of her husband.
Stark’s boyfriend, Brian L. Moore, is in Spokane County Jail awaiting trial on the same charges. Prosecutors say he wasn’t in Spokane when Dale Stark was killed but believe he plotted the murder to access a $400,000 life insurance policy.
In a ruling published Thursday, the appellate court said prosecutors failed to support the state’s theory that Shellye Stark was the aggressor and, therefore, should not have told jurors that if the defendant was the aggressor, self-defense couldn’t be used as a defense.
Prosecutors said Stark obtained a restraining order against her husband to provoke him, “but our Supreme Court has held that spoken words are not sufficient; therefore, written words would likewise not be sufficient provocation for the aggressor instruction,” according to the ruling.
The court said prosecutors failed to prove that Stark made the first move. Rather, testimony showed Dale Stark approached his wife while reaching for a knife before he was shot several times. The autopsy, however, showed he was shot in the back.
“Without supporting evidence to justify giving the aggressor instruction, the court prevented Ms. Stark from fully asserting her self-defense theory,” according to the ruling.
The court also reversed Stark’s conviction for conspiracy to commit first-degree murder, saying prosecutors failed to prove that Stark had an agreement with another person to commit the murder.
“Here, the state proved Ms. Stark met with other individuals to obtain a handgun and a shotgun,” according to the ruling. “Viewing the facts and the inferences from the facts as we must, we agree the State has presented circumstantial evidence of an alleged conspiracy.” Jury instructions also failed to name the alleged co-conspirator.
Stark fired her attorneys, Bryan Whitaker and Russell Bradshaw, before sentencing and asked for a new trial, saying the men forced her to testify despite jail employees not providing her prescribed medication.
Neither attorney was available for comment on Thursday.
Dale Stark’s friend Richard Terzieff said he was disappointed by the ruling.
“This is a woman who is playing the victim card. She was off living her own life in California, and she comes home and ambushes him,” Terzieff said. “He didn’t even know what hit him.”
Deputy Prosecutor Larry Haskell, who prosecuted the case with Mark Cipolla, said they have not decided whether to appeal the ruling or proceed with a new trial.
The overturned conviction is the latest twist for a case that attracted national attention from true crime television shows as Stark described years of abuse and bizarre sexual abuse that began with forced prostitution in Hollywood early in their marriage.
The couple were separated in 2007 when Stark moved to California and continued advertising online as a prostitute named Nikita Jennifer.
Stark said she’d been threatened by her husband and returned to Spokane to obtain a retraining order. Her sister drove from Priest River to Spokane to help serve the order and provide firearms but was hospitalized after striking a moose with her car. Stark’s nephew retrieved guns from the wreckage to give to Stark, who told jurors she needed them for protection.
A nationally known psychologist testified that Stark suffered from battered woman’s syndrome and felt her only adequate protection from her abusive husband was a firearm.
Sex trafficking suspects released as probe continues 
UvulaCrusher on December 16 at 1:26 p.m.
The only P.C. statement I can make-
R.I.P. Dale!
You are not forgotten!
MrNatural on December 16 at 2:24 p.m.
Not being one to often contradict a court decision (with the exception of Florida ten years ago) and recalling the sordid tales that lead up to the conviction this gal gives me the creeps innocent or guilty.
Justice4Dale on December 16 at 5:16 p.m.
This is NOT justice for Dale! Well, hopefully since its a new trial, they can seek the death penalty! Life for a Life. Dale didn’t deserve to die! RIP Dale, You will NEVER be forgotten by your family and friends.
Kenny_Huston on December 16 at 5:43 p.m.
She’s such a POS!!!! As stated ^ - New trial results in death penalty would be TOO COOL to read as a headline for the next article she’s featured in!!! RIP Dale……..you will NEVER be forgotten!!!
Focus on December 16 at 6:15 p.m.
I say Shellye & Monkey boy should be tried together this time.
The death penalty would be a nice addition.
So does this mean Shellye goes back to county jail?
Brain_Trust on December 16 at 6:25 p.m.
Read the decision and decide for yourself.
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=281418MAJ
Justice4Dale on December 16 at 6:55 p.m.
It says she will be retried….which means the state should be able to now go for the death penalty if convicted by ANOTHER jury. Which I really hope they do!
bszottlinger on December 16 at 7:30 p.m.
Thanks Debbieann!
Interesting remand. It is well written so I must assume a clerk wrote it. What is also interesting is that Ms Stark dumped Bradshaw and Whitaker before sentencing because she disagreed with their appellate approach and wanted to shoot for a retrial. Well she got it. I wonder why Bradshaw and Whitaker didn’t object to the conspiracy instruction. My old friend Carl would have. Well, I guess that’s what appeal writers are for.
The next one might be interesting with Mr. Moore now charged, sounds like there is some work to be done however.
bszottlinger on December 16 at 7:34 p.m.
Sorry Typing error make that “Thanks Brain Trust”
Liberty_Bell on December 16 at 7:49 p.m.
Sounds pretty cut and dry, “not guilty” unless you can’t read the Opinion?
During trial, Dr. Lenore E. Walker, a psychologist and expert on the psychological impact of domestic violence on women, testified that Ms. Stark suffered from battered women’s syndrome. She further testified women suffering from battered
women’s syndrome are quick and accurate in perceiving danger from the batterer, in part, due to subtle clues called trauma triggers. These triggers increase the woman’s
fear level. Dr. Walker explained that Ms. Stark developed “learned helplessness” and “the only way she could protect herself and Christopher was to have something that was as strong as a gun.” RP at 847. Ms. Stark also testified in her defense. The court permitted her to testify to prior abuse, but not to Mr. Stark’s statements during the abuse or his statements on the night of the shooting.
misjustice on December 16 at 8:56 p.m.
“…forced prostitution…”
Really? Men paid for some of that? Really?
Well, I’m not buying it.
Justice4Dale on December 17 at 1:21 a.m.
Shelly was far from abused and battered…She was seen on SEVERAL occassions hitting, slapping, beating on Dale out in public and would verbally abuse him…she made it clear SHE wore the pants in their family…an abused woman wouldn’t act like that period end of subject. Someone who can murder someone without feeling any true remorse or have a guilty conscious can convince anyone of anything, especially people that she was the battered one. It all came down to Dales life insurance policy. Karma is an awful thing, another trial will not change anything…she will be found guilty again and now that Dales life insurance money is spent whos going to pay for her defense this time? A public defender? Feel sorry for that person.
Elkay on December 17 at 2:49 a.m.
Ewww. Reading this, Creepy comes to mind. Does “Forced Prostitution” mean she paid?
Justice4Dale on December 17 at 9:16 a.m.
And for Liberty Bell, Shelly can say that Dale said anything she wants as there was NO witness after the boys left the house…its her words about what happened…not those of reality…come on self defense but Dale was shot in the side and the back? NONE of those wounds are from someone charging AT a person in anger…those are more of someone trying to GET AWAY from a gun being pointed at you and trying to LIVE..not DIE as Dale did that night.
bszottlinger on December 17 at 9:38 a.m.
Elkay& Justy:
Boy, you two sure can be mean. The infamous Dr. Walker says this poor girl is the product of Walker’s now famous “Battered Woman Syndrome” theory. Which by the way I do believe in to an extent, but hired gun Walker is all too often willing to provide a diagnosis, which perpetuates her “theory”. Actually, there are plenty of Forensic Psychiatrists who can counter her. Doesn’t look like they needed a counter expert in the first trial
No question in my mind neither of you are victims of BWS.
The next trial might be a little tougher with Mr. Moore in the picture, the way I read it that makes five co-conspirators and murder conspiracy can be tough. Hope they use an overload instead of an umbrella on the power play. It might be a good idea to counter Walker with a two person fore-check because who knows what the next jury will be like, Libert_Bell bought into it.
I guess this means Detective Hammond will end up with more work to do, and these are not easy.
Since we are paying for this, no more misconducts, but because it’s for the cup, I expect to see some fighting majors.
Prep School/College/Early 60’s/Winger/Good Wheels/No Hands
Elkay on December 17 at 10:28 a.m.
ok, i’m sorry.
But she still sounds like a creep. Especially with insurance money and alleged co-conspirators involved.
Focus on December 17 at 11:36 a.m.
Shellye testified that Dale looked at the knife. According to the article. …now he was reaching for the knife!
The court says that the other conspirators were not named. But there was testimony that Shellye’s sister brought her mom’s gun to the party, and that her nephew completed the mission by delivering it to her.
Also testified to was that the boys call Brian Moore before calling 911 as planned… .Any moron can infer that those are the conspirators. Unless of course you are an appellate judge.
Shellye is the perpetual victim …”Saying the MEN forced her to testify” OMG!!!! What a steaming load of horse crap!!!!
misjustice on December 17 at 12:09 p.m.
@ Brad; Okay, that was mean of me. I shouldn’t make fun of men that have to pay for it. And I especially shouldn’t make fun of men that paid Ms. Stark for sex; the men suffered enough, I’m sure.
So, if there are any readers that are former clients/patrons of Ms.Stark which were offended by my comment, I apologize.
Elkay on December 17 at 12:39 p.m.
lol
bszottlinger on December 18 at 10:00 a.m.
Got that!
I do not like this wording however, “we agree the State has presented CIRCUMSTANTIAL EVIDENCE of an ALLEGED conspiracy.”
My question would be, is there enough to go beyond Moore and leverage the weakest one (the kid perhaps) by initially focusing the investigation on the other three.
Use an inquiry proceeding to minimize counsel’s role? Get bank records to show the conversion and proceeds expenditures, phone records, etc. pick the best one or two for a grant, then call them. Have the investigators format reports for time, sequence, and event, analysis (the Bureau can send it for analysis and have a quality presentation available for trial). What the hell, might as well try it, might be helpful in other areas.
bszottlinger on December 18 at 10:10 a.m.
Forgot one thing; Joint trial, and take five for fighting a severence.