Truth On Trial

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David and Karen Tipton (CBS)

In July 2006, seven years after Karen's murder, the appeals court rendered its decision . Daniel Wade Moore would stand trial a second time, and again, face the death penalty.

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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by craigzz February 23, 2012 12:40 AM EST: Somehow, I don't think Daniel Wade Moore is all that he appears to be. Whoever entered the residence, was not aware the alarm system was not working, this person attempted to disable it on the assumption it was working. This Moore was and it seems still is, breaking in to premises. When the crime was committed, he was needing money to feed his drug habit, knew the house, and its security system, and targeted it as somewhere to hit. We already know he carried a knife, as he used it on himself weeks later. I suspect he intended to rob the house, under a false assumption it would be vacant at the time, he disables the alarm, but finding the doctors wife there unexpectedly, he kills her. All his actions following this murder, suggest he is a number one suspect, his stabbing himself, is in a psychological sense, an act of suppressed guilt. I think he is just very good at fooling people, and I do not think people should make wild and unfounded allegations against a father, who clearly had nothing to do with the death of his wife.; Reply to this comment


by litmiss May 15, 2009 5:17 PM EDT: DWM found "not guilty" on all counts. 5/15/09; Reply to this comment


by kenjbis May 6, 2009 11:36 PM EDT: I cannot believe the injustice from this case. Trials are suppose to be about the 5 w's (who what when were and why). A defense team is to prove its point on those points. This case is about slander and rumors and heresay with no proof to backup the defenses claim. The entire defenses case is slanted to build hypothetical alternitives with absolutely no real facts to back them up. It is the judges duty to not alow that in his court room but in this mockery of a case it has been allowed.

The two hairs that have been mentioned are not two hairs found anywhere. These are hairs found with blood on them in the bloody bed and found in the bloody wash clothe the killer used to cleen up. That absolutely without a doubt places Daniel Moore at the crime scene when the murder took place on that day. With the testing on the hairs being 1 out of 7.5 million it is injustice to the victom and victom's family to not find this killer guilty.

Also I have refused to watch another episode of 48 hour mystery because of their coverage. They have built this to be a movie and have slanted the TRUTH. Because of this all of their reports are tainted and is not worth watching.

GET YOUR FACTS STRAIGHT.
Hard evidence outweighs rumors and speculation everyday ... unless this is Decator, AL

Also not that only a defence motion can change the venue (location) of the trial. This is so that a "fair" trial can be heard. In this case with the small town local boy mentality the only fair trial would to move it out of that area. The victom's family has rights also and deserve to have a fair trial. This case needed to be moved out of that county.; Reply to this comment


by rocketier April 26, 2009 6:42 PM EDT: there were 5 jurors on the program and only one voted guilty.

Good for Daniel that he has a supportive family.

He was not found guilty during a fair and unbiased trial.
The trial where he was voted guilty was thrown out because of the acts of the prosecution. All the evidence and wittnesses were not heard/presented. In a trial where all the evidence was submitted, we had a hung jury.

Meg have you ever watched real murder interrogations on tv. The intensity. The badgering to get a confession. He was a drug addict. He wanted a fix. They were holding him there and hammering him with accusations of murder. That's what interagators do. They torture suspects to get a confession. Deprive them of sleep, make threats, rough them up a bit sometimes.

What about the wet shower at the Tiptons. What about the neighbor that saw her at the mailbox. What about the drugs found in the Tipton home. What about no trail of blood going down the steps. What about the paver saying Daniel was not the person he spoke to. What about the paver saying Tipton got home 90 minutes before the police. What about no blood on Daniels clothing, car, house, motel room. Nothing on his tools.

How about no finger prints at the scene. How bout the "wrong" facts Daniel made when he talked about being there when she was killed. Even the wrong city.

How bout Daniel had been to the house previously which would explain hair at the scene or where they planted. If it was a sexual assault, why was there no *****...or was there and it wasn't Daniels.

Sloppy investigation is the problem....it is not the fault of the defense attorney or Daniels family or the majority of the people in Deatur who say they do not have a case to convict Daniel. It is not the fault of the judge who threw the first trial out. It is that there is too much reasonable doubt to believe this man should be in prison.

I also believe the prosecution "finding" the missing hard drive will be another problem for the prosecution as well as Daniel being put in jail for a positive marijuana drug test the day the trial started only to have a "hair" sample prove he hasn't done any drugs for as long as the hair as grown on his head. I am sure the defense attorney will say...oh tests on his hair are good enough to be used to put him to death but not good enough to prove he didn't violate his probation.

How about the defense motive for murder. Sure makes sense to the majority of the people.; Reply to this comment


by Meg003 April 25, 2009 12:25 PM EDT: Where in the world does CBS get the idea that one juror knows how Decatur feels?

I live in the area and I am afraid of that killer Daniel Moore. He is guilty as sin. He admitted it and stabbed himself while being interviewed.

His has a large, very vocal family who have screamed to anyone who will listen that he is innocent trying to get him off, but his guilt has been proven. If the woman had not been beautiful and living an unconventional lifestyle, he would be in prison.; Reply to this comment


by rocketier April 21, 2009 5:03 PM EDT: 3rd trial started yesterday. karen's lost hard drive was found? after 10 years? found the friday before jury selection was to begin. lets see. conviction overturned because of suppression of evidence. lost/found evidence supports defense theory. and we are suppose to believe this was an accident.

i have often wondered what happen to her computer hard drive. the prosecutors didnt think her hard drive was important? so it sits somewhere for 10 yrs. after all that has transpired concerning the mishandling of evidence and we are suppose to believe this was lost.

daniel was jailed for marijuana use before the trial began. testing his hair proves he has not used mj or another drug but he is still in jail.

Pleaseeeeeeeeeeeeeeee. give it up prosecutor. you guys screwed up. big time. and you think a conviction of daniel will vindicate you, wrong; Reply to this comment


by psims43 April 21, 2009 5:02 PM EDT: and by the way...Dr. TIpton was a Psychiatrist in Huntsville....and if word got out that he had porn, gay porn, nudity on his computer that would ruin his reputation and credibility as a doctor. Now most believe that Daniel was a gothic guy, drug attic and so on, but that is not true also...Daniel might have put the alarm in with his co-worker that week, but an electrician would not DISARM it by slowing taking it off the wall wire by wire....they would just disarm it completely by pressing the code which alot of people knew the code. As for evidence?? they are botched just like the urine test was last week ..a day before the trial...It is now 2 days into the new trial and some of the people watching in the courtroom are being interviewed by the media and are telling them....things just don't point to Daniel Wade Moore!..Now go figure!; Reply to this comment


by psims43 April 21, 2009 4:51 PM EDT: You want a theory??...I have been following the case from day one....I live just 30 minutes away from Decatur, Alabama where it happened and know that Daniel is innocent!. Karen found gay porn in the computer which her attorneys had for 10 years without telling Daniel's Attorney..They wait until the friday before the trial begins to say..." Hey look what we have!"..Daniel's attorney filed for the charges to be dropped due to withholding evidence...Then that same day daniel takes a urine test for drugs...which he has passed 47 within a year and it comes back POSITIVE for THC.Ok, here is the kicker....Daniel's attorney gets a hair sample from daniel that same day and runs a test on it for drugs..Guess what??........it's NEGATIVE..but the judge wouldn't release daniel...Now everyone knows that if your loves one was murdered and you found them, you wouldn't call 911 and be so calm like talking to a friend about the weather, you would be frantic, screaming, shaking, beyond yourself!!..Dr. Tipton was so cool and collective and that is a real eyeopener..I think that Karen found the porn, questioned her husband because she found out that he like to look and probably meet gay men....and he killed her..Daniel might have record of Mariguana abuse, but that wouldn't make you brutally kill someone...and if Daniel did do it, why didn't he run when he was out of jail....the boy got a job and resumed his life until the BOTCHED **** test!...Where is the good ole Doctor?? Oh, thats right, he moved to another state..wonder why??...Daniel I pray to god that they find you innocent and start questioning the damn doctor!!!; Reply to this comment


by lucanvillage March 1, 2009 10:03 AM EST: I have just watched this program via internet. How anyone cannot see the husband murdered his wife is beyond me. Ask yourself one question. What man comes home, finds his wife brutally murdered and then makes a 911 call like that. That 911 call was so cool, calm and collected. Not a trace of emotion. I can tell you if any normal human being walked in their house and saw the alarm ripped off the wall and blood on the floor they would be running and screaming and searching. Not nonchalantly calling 911. I say Give him a polygraph. His whole facial expressions and the way he talks gives me the creeps. There is something about him that really makes me nervous. The man working in the yard next door said the husband was home. And the woman driving down the road saw the victim at the mailbox. There is something so creepy about the husband. My intuition tells me he is guilty.; Reply to this comment


by Meg003 November 18, 2008 8:45 PM EST: carolcape

CBS chooses to leave out much of the evidence against Moore, but he provided detailed of slashing and stabbing Karen Tipton that had not been made public. Police also have a DNA match that is 99.8% certain to be Moore, and cannot be the husband.

Moore worked for the alarm company that maintained the Tipton home alarm, malfunctioning the week of the murder, so Karen Tipton would have let him in to fix the alarm. He told a relative that he was in the Tipton home robbing it when she was killed, and his hair was found on the scene.

He''s the killer. And he''s walking the streets free.; Reply to this comment