FALL CITY, Wash. — The current defense for the 15-year-old boy accused of killing five of his family members inside their Fall City home denies the former defense attorneys went beyond their allowed search, according to court documents filed Tuesday, Nov. 26.
Calling the allegations by state prosecutors a "reckless rush to judgment," Attorney Kristen Gestaut of Obsidian Law Offices alleges King County deputies were the ones to violate a judge's order by creating a scene that led to "baseless allegations." The memorandum from Gestaut further alleges prosecutors "hastily" filed the motion alleging the former defense violated a judge's orders.
In a statement to KING 5, the King County Sheriff's Office stated, "The Sheriff’s Office disputes the allegations set forth in this motion. We respect the judicial process and look forward to the court’s decision."
One of the boy's former publicly-appointed attorneys and a forensic investigator also denied tampering with the crime scene in declarations filed on Nov. 25.
"I first learned of these accusations after the state filed their motion. I was shocked and disheartened to learn that such serious allegations were being made against us," wrote Amy Parker, supervisor and attorney at the King County Department of Public Defense - ACA Division. "In my nearly 20 years of practicing law, I have never been disciplined or found to have violated my ethical obligations under the [rules of professional conduct]."
According to the memorandum, Gestaut was appointed to represent the 15-year-old suspect due to staffing shortages. The declaration from Parker supports that, in which she states the resources required to represent the boy will be "substantial," and the King County Department of Public Defense did not have the resources to defense his case in house.
The suspect in the killings is a son of two victims, 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.
Earlier in November, state prosecutors alleged the boy's former defense team went beyond the scope of their allowed search of the Humiston home, which included allegations of moving items around.
Parker, along with two defense investigators, a forensic expert and a forensic technician went inside the home on Oct. 29. King County Judge Kristin Richardson allowed them inside the home for that one day, setting guidelines that stated the team could not move items. The defense was allowed to take photos of what could be seen.
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 alleged.
Gestaut, the boy's current defense attorney, wrote in the memorandum that a quick review of some of the prosecutor's photos of the scene show accusations against the former defense team are false.
The boy's current defense is now asking prosecutors to comply with its discovery demand filed Nov. 18 and turn over all communications that went on between themselves and law enforcement related to the accusations.