The prosecutor in the case against convicted killer Shellye L. Stark's married boyfriend said after a judge denied him access to key witness material that he still has a case. (Read about that here.)

A judge will soon decide if that's true.

Brian L. Moore's lawyer is asking that charges against Moore, who's accused of helping Stark with the plan to kill her husband, be dismissed because of lack of evidence.

Moore is being held in Spokane County Jail on charges of first-degree murder and conspiracy to commit murder, accused of helping Stark plan her husband's murder, then concocting a sordid tale of spousal abuse to try to dupe authorities into thinking the slaying was self defense.

A jury convicted Stark in March, and she's serving 50 years in prison in Gig Harbor. Moore was arrested in California in April. (Read about it here.)

To hold Moore, prosecutors must show that there's probable cause to believe he committed the crime.

Moore's public defender, Jeff Compton, argues in a motion to dismiss that there's just not enough evidence to keep Moore behind bars. His reasoning centers on a court decision July 30 regarding crucial material to the state's case: investigative material from Ted Pulver, a private eye hired by Moore and Stark who went to police with his concerns.

"The defense is aware of no authority which allows a defendant to be held on probable cause based on information the State plans to develop," Compton wrote. "Either the state has evidence which constitutes probable cause or it does not. The recent ruling concerning the evidence makes it clear the State does not have the evidence and may never get the evidence."

Ouch! Read the motion here.

Included with it was a copy of Moore's probable cause affidavit, which is probably the seediest court document I've ever read. Check it out here.

The state hasn't filed its response yet.

As of now, the hearing is set for Thursday. Needless to say, stick with this blog for updates.

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