Judge sets February date for Moore retrial
By Sheryl Marsh
firstname.lastname@example.org · 340-2437
Morgan County Circuit Judge Steve Haddock has scheduled Daniel Wade Moore's new trial for Feb. 11, 2008, in the 1999 stabbing death of Karen Tipton.
Before setting the date, Haddock ruled on multiple motions that defense attorney Sherman Powell Jr. and Assistant Attorney General Don Valeska filed. Most of the motions were four years old, filed after Moore's first trial.
In addition to the trial date, Haddock made Nov. 2 the deadline for attorneys to file any new motions in the case. Also, he set a hearing for Nov. 19 to hear objections to motions.
On Jan. 3, the judge will hold a discovery hearing in which he expects lawyers to lay out pertinent evidence.
Moore, 33, attended the hearing as he is entitled to do because he faces capital murder charges.
Police developed Moore as a suspect after he told his uncle that he was in Tipton's Chapel Hill Southwest home when his friend killed her March 12, 1999.
Later he recanted the statement, saying he fabricated the story because he feared going back to jail. Moore had been in jail on a theft charge.
A jury convicted Moore of capital murder in November 2002 and recommended life without parole. Circuit Judge Glenn Thompson sentenced him to death, but later overturned the conviction and sentence to grant Moore a new trial.
In February 2005, Thompson granted a defense motion and dismissed the charges against Moore.
Moore was free about four days but returned to jail after Valeska filed a petition with the state Court of Criminal Appeals.
The appeals court later ruled with the state and ordered Thompson to reinstate the charges but agreed with the judge that Moore deserved a new trial.
Recently, Valeska was successful in getting the appellate court to remove Thompson from Moore's case for a second trial, stating that to leave him as judge would present the appearance of impropriety.
Valeska said in his petition that Thompson commented negatively about state evidence. Thompson said he did not.
The state Supreme Court backed the lower court's decision after two reviews of a petition that Powell filed asking that Thompson be put back on the case.
Haddock moved into the case and will preside over the new trial.
Save $84.50 a year off our newsstand price:
Subscribe today for only 38 cents a day!