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Prosecutors withheld info, 

Judge orders Defendant released from Jail

 

Sex, Lies And The Doctor's Wife

Nov. 10, 2005
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      Karen Tipton was murdered on March 12, 1999, inside her home in Decatur,
Alabama. (CBS)



(CBS) When Karen Tipton, a mother of two and the wife of prominent psychiatrist
Dr. David Tipton, is found stabbed 28 times in her Decatur, Ala. home, in March
1999, police find the crime scene puzzling. There was no forced entry, but the
brutality of the murder suggested a crime of passion.

Police quickly rule out the husband as a suspect. A month later, police arrest
24-year-old Daniel Wade Moore, who had worked for the alarm company that
installed service to the Tipton home.

But did someone other than Moore want Karen dead? Correspondent Erin Moriarty
reports on the subsequent trial and a bombshell that turned this case upside
down, this Saturday, Nov. 12 at 10 p.m., ET/PT.

Moore, a drug user, had initially confessed to his uncle to being present at the
scene of Karen's murder, but later retracted his statement. Moore tells Moriarty
that at the time he confessed to his uncle all he cared about was getting high
on drugs and that he only confessed to keep his relatives from getting involved
in his legal problems. Moore had also stabbed himself with a penknife while
being questioned by police. Dr. Tipton and investigators find Moore's
explanation of why he confessed hard to believe.

There was little physical evidence against Moore. In fact, only one suspicious
hair was found in Karen's bedroom and the DNA results were not conclusive. At
trial, Moore was convicted and sentenced to death row. His attorney believes
the real killer is someone else, but he has no evidence.

Eight months following the conviction, Moore's defense attorney discovers that
prosecutors withheld potentially explosive information in the case. Most
damaging was a 245-page FBI report commissioned by the Decatur police
department that suggested Karen had a "secret life," was having multiple
affairs, and may have known her killer. Although some of the information was
presented at trial, would the existence of the FBI report have influenced the
jury's verdict?

With this in mind, the judge in Moore's case delivered a scathing decision
overturning Moore's conviction. And, the judge has accused the prosecutors of
"intentionally suppressing evidence" and "willfully defying court orders to win
a conviction."

In a stunning reversal in February 2005, the same judge who sentenced Moore to
death released him from prison. The state appealed the decision and Moore is
now awaiting a final ruling from his cell in the Morgan County jail.

http://www.cbsnews.com/stories/2005/11/09/48hours/main1028132.shtml


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J. R. I.

http://www.judicialjustice.us

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