Judge won't throw out case against accused murderer yet

YAKIMA, Wash. -- The judge in the West Valley triple murder case denied the motion to dismiss the charges against Kevin Harper.

Another contentious day in court focused on a phone call between Harper and his lawyer.

"Security inside the courtroom was heightened as family and friends of the Goggins and Kevin Harper came to hear if the judge would throw out the case."

A picture of the victims: Pauline, Bill and Bette Goggin sat next to the family as they listened to the debate to determine whether the prosecutor and detectives listening to jail conversations between Harper and his lawyer are enough to throw out the case.

After a recess, Judge Ruth Reukauf decided she needed more facts to determine if a law was broken. A separate hearing is now set for next month.

Friends of the Goggins like Ray Vanderwall are relieved.

"It makes me feel better than I felt last night about the possibility of it getting dismissed," Vanderwall said.

The phone calls aren't the only issue in the case. Yakima county prosecutors have yet to provide important information from the case to the defense, including DNA and polygraph results.

Prosecutor Ramm had no answer. This as the victims' family waits for an answer to see if this case will eventually make it to a jury.

If the trial continues it will likely go before a jury in November.

Harper's lawyer wants the trial to take place outside of Yakima County.