Truth On Trial
In February 2008, Daniel returned to court for the fight of his life. If possible, the attention focused on Daniel's second trial was even greater than the first. "For this town it's become huge. People have this mental and vested interest in who killed Karen Tipton," Baggs explains.
Nearly nine years after Karen's brutal murder, Decatur, Ala. was hoping for justice.
Time had also passed for David. He returned to Decatur, this time bringing his daughters, 17-year-old Caroline and 13-year-old Catherine, to attend the murder trial of Daniel Wade Moore.
Virginia Byrd, Daniel's mother has endured her own wait for justice for a son she is certain is no murderer. "As soon as we can get him home, he's gonna be fine."
But Daniel will never get home if it's up to Assistant State Attorney General Don Valeska. Amazingly, Valeska was again the lead prosecutor, even though he was accused of hiding the FBI report in the first trial.
"It was the most egregious case of prosecutorial misconduct that I have ever been aware of," Powell charges.
For the second time, Daniel's life was on the line. Twelve new jurors would weigh the state's most compelling evidence.
Cameras weren't allowed in the courtroom, but five jurors from Daniel's second trial took 48 Hours through the case, starting with the prosecution's key evidence: the two hairs in the Tipton house.
"Did you believe that hair was Daniel Moore's hair?" Moriarty asks.
"I believe that particular hair was Daniel Moore's hair," a male juror replied.
The prosecution was very persuasive. They say it wasn't just the two hairs, but Daniel's initial confession to his Uncle Sparky.
A male juror said that was "absolutely" significant. "That's number two on the prosecution hit list."
And Daniel's failed suicide attempt also troubled some of the jurors. "Why would he just absolutely freak out and start stabbing himself? To me, it just showed he was guilty, he knew that he was cornered," a female juror remarked.
When it was defense attorney Powell's turn, he gave jurors another explanation for the damning evidence against Daniel, especially the hairs inside the home.
"Daniel Moore had been in that house," Powell said. But he says he doesn't believe Daniel had been at the house on the day of the murder.
And several jurors did believe Daniel could have left those hairs months before the murder when he was in the Tipton house to fix the alarm.
As for stabbing himself at the police station, maybe Daniel was just plain scared. "I think so much was going on all of a sudden he wanted to die and just get out of it," one juror remarked.
And some jurors agreed with Uncle Sparky - that Daniel's entire confession could have been made up. "I don't know if he's crying out for attention," another juror said, adding that he doesn't believe Daniel was actually confessing.
Remember, this time around Powell had that FBI report, the document that suggested Karen might have been killed out of jealousy or rage by someone she knew. Among her many wounds, Karen had literally been stabbed through the heart.
"What do you now know about Karen Tipton from that trial?" Moriarty asked a juror.
"She had a secret life," the juror replied.
On the stand, Powell confronted David about the pornography found on the home computer, but David had long grown tired of speculation about his marriage. "I'm the pot and porno guy. I'm the multiple affairs," he said. "I'm the, you know, wild, crazy, sex-party, sex-swap, wife-swapper, king of the sex-swapping club. All of these things have been said about me."
Some jurors were bothered by David's testimony.
"I know the truth about me and Karen and I don't need a bunch of rumors and silliness to change that. I know the real stuff," David said.
At this trial, besides neighbor Pam Smith, there was also a new witness: a paver, who had been working on the driveway next door, testified he'd seen David's truck arrive home a good 90 minutes before the 911 call was made.
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