Sex, Lies And The Doctor's Wife

Was Karen Tipton's Murder A Crime Of Passion Or A Robbery Gone Wrong?

(CBS) 
Shortly before Moore’s release from prison in 2005, a bitter David Tipton uprooted his two daughters and moved to North Carolina, driven out of town by rumors and innuendo.

“We have been victimized and exploited for six years by the local press. And by a rumor mill that treats us very badly,” says Tipton.

“In what way?” asks Moriarty. “I'm the man that killed his wife. I'm the multiple affairs. 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,” says Tipton.

But even 700 miles away, the Tiptons were shaken by the news of Moore’s release.

“They’re (his daughters) afraid that he would come after them, and why not? Everybody should be afraid,” says David.

In Decatur, Moore was savoring his freedom. “It was the first time in over four years that I got to look out and see the stars.”

But he didn’t get to enjoy his freedom for long. The Alabama Court of Criminal Appeals agreed to review Judge Thompson’s decision to free Moore and stayed all proceedings.

In less than a week, Moore was back behind bars. “Sometimes I think I did die that day in the interview room and that this is Hell. Because it's like every time when you finally think it's fixing to be over, something else puts it off.”

Moore will stay in jail while the Court of Criminal Appeals decides his future. The court has two choices: it could order a new trial, or it could decide that a second trial would amount to double jeopardy. In that case, Moore would be released for good.

Moore’s defense attorney claims the prosecutors still haven’t come completely clean, and are withholding some evidence. “It has been selectively edited to deny the defense a fair trial,” he charges.

Moore’s fate now rests with the Alabama Court of Criminal Appeals, which heard oral arguments 10 months ago.

Tipton says the worst-case scenario would be if Moore was released. “Very few other things could compare to that, that he's going to walk free and not ever be tried, not ever even be held accountable for this.”

If Moore is guilty, says crime reporter Jonathan Baggs, it’s ironic that the tough state prosecutor may be the one most responsible for setting a killer free. “Yes, it bothers me that if he’s guilty he may walk free. But it bothers me also that the prosecution withheld evidence. Whether it helps or not, you’ve got to play by the rules,” says Baggs.

Tipton says he would not be afraid if Moore was set free. “But he should be afraid of me… I think that he needs to be dead. I'm not allowed to kill him. The second best is to have the state to kill him. I say that he should fear us more than him to send a message, that he doesn't need to approach us.”

Whatever the court decides, there may be no justice for Karen Tipton and no peace for her family.

“It has a life of its own. The lies have continued. It will always continue. It wouldn't matter if Moore confessed. It wouldn't matter. There will be thousands of people in north Alabama that will believe I killed Karen, and that she was having an affair and deserved it. That shadow is there and will always be there,” says Tipton.

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Daniel Moore has been back in prison for 16 months waiting for the Appeals Court to order a new trial or to set him free.