Judge To Hear Arguments On Whether Death Sentence Should Stand

LOUISVILLE, Ky. (AP) - The lawyer for a Kentucky death row inmate says evidence he wants tested for DNA could show his client didn't wear the clothing and shoes worn in the murder of a Louisville man in 1979.

The state can't find the evidence the defense wants tested.

A Jefferson County judge will hear arguments next month on whether to throw out the death sentence of Brian Keith Moore. The inmate was convicted and sentenced to die for the killing of Virgil Harris.

Assistant Public Advocate David Barron says at the least, the court should order a new trial for Moore.

Assistant Attorney General David Barr said any DNA on the pants and shoes aren't relevant to Moore's guilt and calls the move a delay tactic.

(Copyright 2007 by The Associated Press. All Rights Reserved.)

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