Foster parents want case dismissed

Post Falls couple facing charges after death of child

COEUR d'ALENE - Attorneys for the Post Falls foster parents indicted in Kootenai County for allegedly injuring two children in their care, including one who died, will argue next month the case should be dismissed.

The attorneys, conflict public defender Sean Walsh and public defender Chris Schwartz, appeared Thursday in 1st District Court asking for two hours to make their case to Judge Fred Gibler. The judge scheduled a hearing for July 19.

Jeremy M. Clark, 36, and his wife, Amber M. Clark, 29, were indicted in November on two counts of felony injury to a child, conspiracy to conceal evidence of abuse, and perjury.

The attorneys also plan to argue the husband and wife should be tried individually, and separate juries should decide on the different counts contained in the indictment.

In their motions to dismiss the indictment against the Clarks, the defense lawyers will allege procedural errors concerning how the grand jury in Kootenai County was impaneled. They also will contest how those proceedings were maintained, and how the indictment was written.

The defense lawyers also will argue it's unfair and prejudicial to present testimony and evidence on separate alleged crimes to one jury.

Two-year-old foster child Karina J. Moore died in January 2009, days after the Clarks told police Karina fell down stairs in their home. A medical examiner ruled the case a homicide, citing "blunt force head injuries."

The indictment also alleges they inflicted ice baths on a boy in their care, who was 4 or 5 years old at the time, and caused injuries to his head and body, court documents said. That alleged abuse occurred between December 2007 and January 2008.

A trial date has been set for early next year.

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