NationStates Jolt Archive

I'm supprised this story is not back in the national/world news since this is one of the most incredible legal stories in history.

DWM was convicted for the murder of Karen Tipton in 1999 and sentenced to death. Then a judge overturned that ruling which brought about a 2nd trial. That ended in a hung jury with 8 voting not guilty, 4 voting guilty.

Then Moore was released on bond. He passed 45 drug tests then mysteriously failed the very last one, 3 days before the trial. All those were urine tests. Moores defense team submitted a hair sample which show there was NO drug use. But Moore is still locked up because the judge needs the hair test process explained to him so now there will be a mini trial within a trial.

Everybody and his sister knows that Moore is innocent and that Karen Tipton's husband killed her when she caught him looking at gay porn on the computer. (after 10 years, the defense finally got the prosecution to cough up the computer disk with the evidence)

He is a link with current info:
http://www.whnt.com/news/whnt-past-jurors-visit-moore-trial,0,3579613.story

So he's been locked up for ten years?

So he's been locked up for ten years?

He was released one year ago and had his freedom until Good Friday.

He was released one year ago and had his freedom until Good Friday.

9 years is bad enough.

"Everybody and his mother knows"? How do they know this?

The eveidence against him is a hair found at the crime scene. But DWM was the one that instaled their burgular alarm and was there the day before the murder on a service call.

I think it all boils down to the DA does not want to admit he was wrong.

Another incredible tidbit: This 3rd trial did not have a change of venue. The people of Morgan County have long since made up their mind. There will most likely be another hung jury. (although most of the jurors are pretty young) We shall see in a few weeks or so.

"Everybody and his mother knows"? How do they know this?

Here is a small sample from an old forum that is no longer in use.:
http://sharedwww.localtvllc.com/whnt/discuss/read.php?13,15711,page=1

"Everybody and his mother knows"? How do they know this?

Yeah, I didn't even know who this guy was.

I'm supprised this story is not back in the national/world news since this is one of the most incredible legal stories in history.

DWM was convicted for the murder of Karen Tipton in 1999 and sentenced to death. Then a judge overturned that ruling which brought about a 2nd trial. That ended in a hung jury with 8 voting not guilty, 4 voting guilty.

Then Moore was released on bond. He passed 45 drug tests then mysteriously failed the very last one, 3 days before the trial. All those were urine tests. Moores defense team submitted a hair sample which show there was NO drug use. But Moore is still locked up because the judge needs the hair test process explained to him so now there will be a mini trial within a trial.

Everybody and his sister knows that Moore is innocent and that Karen Tipton's husband killed her when she caught him looking at gay porn on the computer. (after 10 years, the defense finally got the prosecution to cough up the computer disk with the evidence)

He is a link with current info:
http://www.whnt.com/news/whnt-past-jurors-visit-moore-trial,0,3579613.story
Apparently everyone DOESN'T know that or the trial wouldn't have ended in a mistrial.

Today's score...err results.
http://www.whnt.com/news/whnt-former-investigator-testifies-in-moore-case,0,66077.story


Former Investigator Testifies In Moore Case
DECATUR - Being in Judge Steve Haddock's courtroom has been like watching a sports game at times.

As former Decatur Police investigator Barry Hamilton testified to how they took care of the Karen Tipton murder case.

"I think Mr. Hamilton is doing a pretty good job of testimony," said Shelby Johnson.

Several T's didn't cross according to the defense, but the prosecution always came back to double cross.

For instance.

How a paver, named Martin Scott Lane, who was at the Chapel Hill home on the day of Karen Tipton's murder changed his story after first talking to police.

Courtroom observer Shelby Johnson gives his opinion on the situation.

"The only other thing that's confusing to me is the one paver that was there by himself," said Johnson. "He was alone for several hours and when they first talked to him he didn't see anybody or anything nothing out of the way."

Then when police went to question, Scott, again in Jail in Illinois things had changed.

"All of a sudden he remembered a white guy coming up to him, this after they've cleared him of any wrong doing. All of a sudden he suddenly remembers that," said Johnson.

Hamilton also testified once they were on the scene the day the murder happened they looked at the home computer. That day, Hamilton testified they saw heterosexual and homosexual images on the computer. At the time he says they left the computer at the home and didn't retrieve it until an F.B.I. profiler recommended them to take it, months later, after Dr. David Tipton had been allowed back in the home.

"I don't know what you can take from that other than the fact that they were interested in it, yet they let him back in the home. He had access to the computer at least some weeks before they ever took the computer out of the house," said Johnson. "Anything on there could have been deleted, changed. I don't know what to make of that computer itself."

Hamilton testified they had the entire tower of the Tipton's cmputer sent off to forensics for evidence. Just before the trial started the defense received the hard drive an F.B.I. analyst found in an evidence room.

Barry Hamilton testified in court that a paver had told them Dr. David Tipton's truck arrived home on the day of Karen Tipton's murder an hour or so before police arrived.

For any that were interested, it has gone to the jury.
http://www.whnt.com/news/whnt-daniel-moore-trial-log,0,43822.story

can't be too careful execute him.

I'm supprised this story is not back in the national/world news since this is one of the most incredible legal stories in history.

You must not follow wrongful convictions must, if you'd make this claim.

Well I'll be a son of a gun! A voice of reason and common sense has finally made it's way to Morgan County Alabama.

NOT GUILTY!
http://www.whnt.com/news/whnt-daniel-wade-moore-verdict,0,5589215.story

Good.

nice to see some judges are still honest.
In November 2002, Moore was found guilty of Capital Murder. The jury recommended that Moore should get life of prison, but Judge Glenn Thompson overruled that decision and recommended that he get the death penalty.

In January of 2003, Moore was sentenced to death.

In February 2003, Judge Glenn Thompson threw out the trial because prosecution withheld evidence.

Well I'll be a son of a gun! A voice of reason and common sense has finally made it's way to Morgan County Alabama.

NOT GUILTY!
http://www.whnt.com/news/whnt-daniel-wade-moore-verdict,0,5589215.story

See the justice system works.

You must not follow wrongful convictions must, if you'd make this claim.

Well as the "48 Hours Mystery" people said, it is very unusual for this much extra evidence to be brought forth in a 3rd trial. (Held back in the 1st & 2nd trial) The 48 Hours Mystery episode for this will aire this fall.

The wheels of justice may grind slowly, but they do grind fine.

Sic em Dan:
http://www.whnt.com/news/whnt-daniel-moore-civil-lawsuit,0,7651945.story
DECATUR, AL - WHNT NEWS 19 is tracking new developments in the Daniel Wade Moore case tonight. Not a week after a jury acquitted him of the murder of Karen Tipton, Moore is turning the tables of justice on the City of Decatur.

Attorneys for Moore are bringing back a civil lawsuit he had filed when his first trial was overturned, when Morgan County Circuit Judge Glenn Thompson found the prosecution had withheld evidence.

The lawsuit claims that Moore was denied his constitutional rights related to a fair trial and the denial of those rights that led to the initial conviction in 2002.

The catch, prosecutors have absolute immunity for all the things they did.

Moore's attorney in this case, Hank Sherrod, says this lawsuit focuses on the Decatur Police Department not releasing information to prosecutors and destroying evidence before the trial.

Daniel Wade Moore was found not guilty of four capital murder charges on May 15 for the 1999 murder of Karen Tipton.

This case is set for a jury trial on November 30 at 9am. Sherrod says the trial will more than likely be moved to federal court.

Sic em Dan:
http://www.whnt.com/news/whnt-daniel-moore-civil-lawsuit,0,7651945.story

hmm... withholding and destroying evidence? sounds like the Proscecution was trying to "Murder" him. :D

hmm... withholding and destroying evidence? sounds like the Proscecution was trying to "Murder" him. :D

They are still being pricks about it.
http://www.whnt.com/news/whnt-decaur-police-will-keep-tipton-case-open,0,2045874.story

Is it possible that someone else killed Karen Tipton?

"We don't believe so," said Lt. Green.


Huh? Whaaaa??!!! He dosn't believe it's even possible? 8 jurors voted not guilty without all the evidence (a year ago) and of course all 12 voted not guilty this time. It is slightly possible that he did kill her but it's not freeking impossible that he didn't. Im mean Duuuhhhhh-yaaaaaaaaaammmmmmm!!!!

Well I'll be a son of a gun! A voice of reason and common sense has finally made it's way to Morgan County Alabama.

NOT GUILTY!
http://www.whnt.com/news/whnt-daniel-wade-moore-verdict,0,5589215.story

Well the first time with 8 voting not guilty and 4 voting guilty should've been not guilty shouldn't it? Why do they make juries an even number anyway if an actual hung jury isn't an even split? And until this .. I thought a hung jury was an even split.

Well the first time with 8 voting not guilty and 4 voting guilty should've been not guilty shouldn't it? Why do they make juries an even number anyway if an actual hung jury isn't an even split? And until this .. I thought a hung jury was an even split.

Even 11-1 is a hung jury. See the film "12 Angry Men" (2 versions and an awsome fictional story)

They are still being pricks about it.
http://www.whnt.com/news/whnt-decaur-police-will-keep-tipton-case-open,0,2045874.story



Huh? Whaaaa??!!! He dosn't believe it's even possible? 8 jurors voted not guilty without all the evidence (a year ago) and of course all 12 voted not guilty this time. It is slightly possible that he did kill her but it's not freeking impossible that he didn't. Im mean Duuuhhhhh-yaaaaaaaaaammmmmmm!!!!

target fixation.

they're so fixated on making him the culprit (maybe he fit most of the evidence) that they are not looking for the proper person (the one that fits all of the evidence).

target fixation.

they're so fixated on making him the culprit (maybe he fit most of the evidence) that they are not looking for the proper person (the one that fits all of the evidence).

If it can be proven that they KNEW he was innocent and in fact KNEW who the real murderer was but lied the whole time anyway, can federal, criminal charges be brought forth against a DA? Investigators?

If it can be proven that they KNEW he was innocent and in fact KNEW who the real murderer was but lied the whole time anyway, can federal, criminal charges be brought forth against a DA? Investigators?

hard to prove if they knew who the murders are. but it does sound fishy that they withheld and destroyed evidence...

as for the rest... gotta ask the lawyers of NSG!

I'm supprised this story is not back in the national/world news since this is one of the most incredible legal stories in history.

You've not been following the David Bain murder trial then, I take it?

It pisses all over this one for intrigue, falsified evidence, bizarre theories, changed testimony and outright oddness.

You've not been following the David Bain murder trial then, I take it?

It pisses all over this one for intrigue, falsified evidence, bizarre theories, changed testimony and outright oddness.

Interesting case, but at least there's this:
http://en.wikipedia.org/wiki/David_Bain
On Thursday, May 10, 2007 the Privy Council quashed David Bain's murder convictions, concluding that "a substantial miscarriage of justice has actually occurred."

Moore's trial is over and they still say he did it. ("not possible" for anyone else to have done it the lieutenant said)

Interesting case, but at least there's this:
http://en.wikipedia.org/wiki/David_Bain


Moore's trial is over and they still say he did it. ("not possible" for anyone else to have done it the lieutenant said)
The wiki entry is not up-to-date. All the privy council ruling meant is that there needed to be a retrial, which is going on now, has been for a couple of months now and is expected to take another month or two.
A lot of new evidence has come to light, people's statements have changed over the years, allegations of evidence tampering been thrown about, expert witnesses changing their statements. It's all there!

Add to that the story itself. For those interested:
1994, David Bain, then 21, came back from his paperround (that's right: 21 and still doing a paper-round. weirdo) to find both his parents, his younger brother and two younger sisters murdered, all shot in the head with a rifle. Prosecution argued that David killed them all, then made it look like his father had done it. Defence claims that Daddy killed them all, then himself.
A lot of it came down to a computer message, which said: "you were the only one who deserved to live" (something like that). Eyewitnesses saw Daivid out on his paperround at 6.42am. Prosecution claimed the computer was turned on at 6.44am. There was also the issue of why David didn't call the police until after 7am; 20 minutes after he got home.
First trial got him convicted, with the computer thing being one of the strongest pieces of evidence. That and David's spectacle lense being found in his brother's room, blood found on his sock and claims that there was no way a person could kill themselves with the rifle used.
Finally, after several appeals and even taking the case to the House of Lords just to get permission to take it to the Privy Council, the PC ruled that there should be a retrial, 15 years after the 1st.

The new retrial has had experts on both sides admit that you can kill yourself with that rifle, the bloody footprint was from stepping in blood rather than it splashing down, there is no way to know when the computer was turned on (it was tested days later, and the cop who noted the time was using a watch with no second hand and it was found to be a few minutes fast), and the spectacle found was the mothers, not David's.
Also new evidence was allowed in, which showed the father (a school teacher) was suffering from severe depression at that time (and was sleeping in a caravan rather than inside, as the parents were estranged at the time), had arranged for the power to be cut off at his normal place of residence that weekend, and had tried to arrange for a long-term supply teacher to take over from him from the day of the murders. Further, the younger daughter, aged 18, had been working as a prostitute and had confessed to at least two others that her father had been molesting her, including getting her pregnant and forcing her to abort. She had told a fellow prostitute the weekend before that she was going to confront the family that weekend (the murders happened on a Friday) about this.

So a very twisted family and murder case, but fascinating to follow.

The wiki entry is not up-to-date. All the privy council ruling meant is that there needed to be a retrial, which is going on now, has been for a couple of months now and is expected to take another month or two.
A lot of new evidence has come to light, people's statements have changed over the years, allegations of evidence tampering been thrown about, expert witnesses changing their statements. It's all there!

Add to that the story itself. For those interested:
1994, David Bain, then 21, came back from his paperround (that's right: 21 and still doing a paper-round. weirdo) to find both his parents, his younger brother and two younger sisters murdered, all shot in the head with a rifle. Prosecution argued that David killed them all, then made it look like his father had done it. Defence claims that Daddy killed them all, then himself.
A lot of it came down to a computer message, which said: "you were the only one who deserved to live" (something like that). Eyewitnesses saw Daivid out on his paperround at 6.42am. Prosecution claimed the computer was turned on at 6.44am. There was also the issue of why David didn't call the police until after 7am; 20 minutes after he got home.
First trial got him convicted, with the computer thing being one of the strongest pieces of evidence. That and David's spectacle lense being found in his brother's room, blood found on his sock and claims that there was no way a person could kill themselves with the rifle used.
Finally, after several appeals and even taking the case to the House of Lords just to get permission to take it to the Privy Council, the PC ruled that there should be a retrial, 15 years after the 1st.

The new retrial has had experts on both sides admit that you can kill yourself with that rifle, the bloody footprint was from stepping in blood rather than it splashing down, there is no way to know when the computer was turned on (it was tested days later, and the cop who noted the time was using a watch with no second hand and it was found to be a few minutes fast), and the spectacle found was the mothers, not David's.
Also new evidence was allowed in, which showed the father (a school teacher) was suffering from severe depression at that time (and was sleeping in a caravan rather than inside, as the parents were estranged at the time), had arranged for the power to be cut off at his normal place of residence that weekend, and had tried to arrange for a long-term supply teacher to take over from him from the day of the murders. Further, the younger daughter, aged 18, had been working as a prostitute and had confessed to at least two others that her father had been molesting her, including getting her pregnant and forcing her to abort. She had told a fellow prostitute the weekend before that she was going to confront the family that weekend (the murders happened on a Friday) about this.

So a very twisted family and murder case, but fascinating to follow.

Ooooh that is a sordid case.

I think the final touch on the Moore case was a computer disk that mysteriously poped up 3 days before the third trial. It shows that the woman's husband was watching gay porn shortly before she was murdered. (could that be a "possible" motive?)

the sad thing tho... that even tho he was found innocent, he might be better off moving.

although Moore was not as widely publicized as OJ, the results may still be the same. :(

the sad thing tho... that even tho he was found innocent, he might be better off moving.

although Moore was not as widely publicized as OJ, the results may still be the same. :(

My bet is he will move. Death row to freedom? All he has to do is mumble his story into a recorder, have someone write it up, then decide which castle he wants to buy.
:D

Ooooh that is a sordid case.
very sordid. The prosecution's argument is rather far-fetched, but the first jury accepted it. Which goes to show that sometimes it is on the lawyer presenting, not the case.

They (successfully) argued that David killed his family, bar the father (who was sleeping in the caravan), did his paper-round, came back, turned the computer on, wrote the message, then hid behind a curtain to wait for his father to come inside for his daily prayers (Dad was extremely religious, while Mum was extremely new-age which was part of the problem between the two). Bain hid and waited until his father was kneeling down praying, snuck up and shot him in the temple, then arranged his body to make it look like a suicide.
Then he went downstairs, shoved his clothes in the wash, and called the police.

Defence argued that Pappy waited til David went out for his paper-round, as he did every morning, then killed everyone, wrote the message on the computer, then shot himself. David came home, threw his clothes in the wash as he always did, then noticed the blood, went room to room finding them all dead then called the police.

Which sounds more plausible? The prosecution's argument is dependant on the father not getting up until just after David got back from his round. Too early and he would have found the bodies; too late and it would have been too difficult to explain the time difference. This was one of the biggest mistakes the police made: They were so sure it was David right from the start that they didn't even bother getting a pathlogist in until hours later; by then it was too late to ascertain time of death.


I just read the updates: The daughter's GP testified that she come to see him and confessed to being a prostitute, was having pelvic pain and was worried about STD. The doctor recommended she get a test done and lay off the sex: at this she said it would be difficult not to have sex over the next few days. She then took a call on her cellphone, in which the doctor overhead her tell someone that she was going to spend the next week or so with her father at his place. The doctor asked her about that, and about her earlier response about having sex over the next week. To that she got very agitated and quickly left.
An extremely sordid story, but fascinating for those of us bored at work!

very sordid. The prosecution's argument is rather far-fetched, but the first jury accepted it. Which goes to show that sometimes it is on the lawyer presenting, not the case.

They (successfully) argued that David killed his family, bar the father (who was sleeping in the caravan), did his paper-round, came back, turned the computer on, wrote the message, then hid behind a curtain to wait for his father to come inside for his daily prayers (Dad was extremely religious, while Mum was extremely new-age which was part of the problem between the two). Bain hid and waited until his father was kneeling down praying, snuck up and shot him in the temple, then arranged his body to make it look like a suicide.
Then he went downstairs, shoved his clothes in the wash, and called the police.

Defence argued that Pappy waited til David went out for his paper-round, as he did every morning, then killed everyone, wrote the message on the computer, then shot himself. David came home, threw his clothes in the wash as he always did, then noticed the blood, went room to room finding them all dead then called the police.

Which sounds more plausible? The prosecution's argument is dependant on the father not getting up until just after David got back from his round. Too early and he would have found the bodies; too late and it would have been too difficult to explain the time difference. This was one of the biggest mistakes the police made: They were so sure it was David right from the start that they didn't even bother getting a pathlogist in until hours later; by then it was too late to ascertain time of death.


I just read the updates: The daughter's GP testified that she come to see him and confessed to being a prostitute, was having pelvic pain and was worried about STD. The doctor recommended she get a test done and lay off the sex: at this she said it would be difficult not to have sex over the next few days. She then took a call on her cellphone, in which the doctor overhead her tell someone that she was going to spend the next week or so with her father at his place. The doctor asked her about that, and about her earlier response about having sex over the next week. To that she got very agitated and quickly left.
An extremely sordid story, but fascinating for those of us bored at work!

Would have to go with the Pappy. Sounds more like just stupid cops than corruption. Sordid like I said but not exactly pisses all over the Moore case as you claimed. When Moore made bail he was out for 46 weeks. He passed 45 drug tests (urine tests) then on the second day of the trial (at the end of the day) Moore was told he had failed the drug test he had taken the previous friday and was handcuffed and taken away in front of the jury. (Moore then had a hair test done which showed no drug use)

Dr. Tipton (the one who really did it) took 20 minutes to call 911 because he claimed to have no phone. (but he had a cellphone on him all day to call in prescriptions for his patients)