Harper's attorney fires back at state to keep deal in place

YAKIMA COUNTY, Wash.-- Years after a brutal triple murder, no one is currently charged with the crime, but the state is pushing to change that. First prosecutors said Kevin Harper did it. Then, they said he didn't. Now, they're back blaming Harper for the deaths of the Goggins. Harper's attorney is trying to fight the charges that could put his client away for life.

The state wants to try Kevin Harper for the deaths of three people. His defense attorney is fighting that effort line by line. Filing more than a hundred pages, Pete Mazzone believes there's no way Washington should take away the plea deal that Harper agreed to.

He's been behind bars since being accused of killing three people, but last October prosecutors were given information; information that hindered their ability to prove he did it.

Two months ago, prosecutors explained their reasoning for trying to revoke Harper's deal. They say he broke the terms of what was agreed to.

"He did not!" said Harper's attorney, Pete Mazzone. "He didn't breach either the plea agreement or the cooperation agreement."

Since that deal, Harper's ex-wife pointed the finger at him. She said he killed the Goggins in their Falcon Ridge home back in 2011.

Harper's attorney says the interview won't stand up in court. He says she was part of the agreement so by using her "..the state has breached the terms of its own agreement."

It goes on to say because the couple was still married at the time of the murders, communication from that time is still protected. The state also says Harper failed a lie detector test. Mazzone says passing the test was not a part of the deal. Two other people involved in the case took polygraphs that were ruled truthful, only to be later proven false.

"It just tells you something about the veracity of these polygraphs that the state is doing," Mazzone said.

In the documents he also shoots down statements from two other witnesses. Now it's a waiting game to hear which argument wins and if charges will be re-filed for the murders of three people.

Both sides will be in court in a couple of weeks to argue why the plea deal should stand or be struck. KIMA will be there.