FALL CITY, Wash. — State prosecutors allege the former defense team went beyond the scope of their allowed search of the Fall City home where five people were killed, according to court documents.
When comparing documentation of the Humiston home from the King County Sheriff's Office before and after the defense's search, "it is clear that defense counsel and their agents exceeded the permitted scope of their search under the court's order," prosecutors write.
The 15-year-old suspect is now represented by private counsel, but was previously represented by public defenders until Nov. 1.
Pictures from sheriff deputies show items were moved throughout the house, including shoes and backpacks, prosecutors allege. They note other items appear to have been handled or touched, including a bookcase.
In court documents filed Nov. 4, the state requested all materials that were collected during the search on Oct. 29.
When King County Judge Kristin Richardson ruled the defense would be allowed inside the home for one day, the judge set guidelines that stated the defense could not move items. The defense was allowed to take photos of what could be seen.
"Let me be clear about the guardrails – this is for the scene, this is not a search for documents," Judge Richardson said at the time. "We’re not going to going through books to see if someone wrote a note. This is not for that purpose, I’m going to be very clear about that. This is not a search."
The request for the materials collected by the defense team comes as the 15-year-old accused of killing five family members waits to find out if he will be tried in adult court.
The suspect in the killings is a son of two of Sarah and Mark Humiston. KING 5 is not naming the suspect as he is a juvenile and has not been charged as an adult.
The case will have a status conference on Jan. 8, 2025.
A hearing over whether the 15-year-old will be tried as an adult will be in June of 2025.