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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  • by Lynn can't say on Dec 21, 2007 at 11:56 AM
    This man has already had two trials, which I testified at both. I identified the gun that was the murder weapon and the one he brought into my apt. I dentified the shoes & the pants he wore when he killed that poor man that had the dirt on them that was proven came from the crime scene, (the ones that can't be found now) but were at both trials before. I testified what he told me and what i heard him telling my boyfriend. This should have been an open and shut case. There is alot of other things that I can't say that would have you shaking your heads as to why he got another trail, but he did on a tech. but anyway both times he was found guilty and both times was given the death sentence. 26 people who listened and didn't hesitate to give him the death sentence. This is stall tactics to keep from dying, a better death then the man he killed did, believe me. Do you know it was his 77th birthday & his family was waiting at home to give him a surprize party, which he never made it to.
  • by Lynn can't say on Dec 21, 2007 at 11:27 AM
    I am a main witness in this case and as god is my witness this man is guilty, guilty, guilty!!!!!!!I was the girlfriend of the man he is claiming is the real killer and framed him. My boyfriend was with me all day long and had nothing to do with this before, during or after this horrific crime except for calling the police and reported what he had done! He came to our apt.after he stopped eleswhere to clean up (take shower and get out of cloths he was wearing when he killed that poor man)driving that man's car, and walked in, smiling and laughing, caring a $ bag, bannas, and ski mask with the gun inside of it. He had taken this old man from a bank and forced him into his own car and drove him to a country road and made him walk down and inbankment and hot him 3 times in the face.He was wearing a ski mask so the poor man couln't identfy him, but killed him anyway! He laughed when telling my boyfriend he shot & missed him once,my boyfriend pucked after hearing it.Found guilty& DS twice.
  • by Bobby Goins Location: Lexington on Nov 26, 2007 at 05:40 PM
    I know there have been many innocent men and women that have been locked up. However I just hope true justice is served in this case. If he did it, then he should die. If he's innocent then he should be freed.
  • by Steve Location: Lexington on Nov 26, 2007 at 05:16 PM
    New trial? You've got to be kidding right? Lawyers, I'll tell ya they've ruined our criminal justice system. The man was CONVICTED BY A JURY OF HIS PEERS of the murder using ALL the evidence in the 80's, whether it is there now or not has NO BEARING on that. New trial, NEVER!!! If they overturn his death sentence and instead give him life with no parole (EVER), then I'm ok with that...but no way does he deserve a new trial. HE DESERVES THE CHAIR, to be honest about it.


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