Post by scotkaz on Dec 14, 2007 13:26:26 GMT -5
Moore loses appeal in murder case (Kluge case)
Friday, 14 December 2007
Greg Sowinski | gsowinski@limanews.com
COLUMBUS — Timothy Moore may have lost his latest appeal Wednesday when the Ohio Supreme Court refused to hear his case but his new attorney said the fight is far from over.
Moore’s appellate attorney, Dean Boland, of Cleveland, said he has filed motions with the trial court and the 3rd Ohio District Court of Appeals, asking both to reconsider the case based on the argument Moore’s trial attorney, Bill Kluge, did a poor job.
Boland compares Kluge’s performance to the Kenneth Richey death penalty case about to be retried in Putnam County. Kluge was the attorney on that case and a federal appellate court ruled he didn’t do an adequate job. There are similar patterns in the Moore case that occurred in the Richey case, Boland said.
Moore was convicted of murder and sentenced to 15 years to life in prison for the Feb. 27, 2006, stabbing death of his wife, Terri Moore, inside their home at 3193 Cremean Road. Moore maintains his wife was stabbed as he defended himself from her trying to stab him.
Boland has identified some other issues previously raised on appeal to defend Moore but said his biggest claims will be against Kluge.
Kluge said he has tried to talk to Boland for the past three months about the case but Boland has avoided him by refusing to meet or accept his calls. Kluge said he was well-prepared for the trial and doesn’t see any merit in the claims Boland has waged.
“A lot of it was trial strategy or something he was misconstruing,” Kluge said.
Still, Kluge said he stands behind Timothy Moore and his claim of innocence and would be willing to help Moore’s defense in anyway he could.
Boland said Kluge was not prepared for trial. Kluge also asked witnesses to repeat testimony and that occurred more than 50 times including damaging testimony from the victim’s daughter who found her mother’s body after she had been stabbed.
Kluge also failed to attack evidence properly such as the fact no fingerprints were found on the knife that killed Terri Moore. That is consistent with Timothy Moore’s story that he grabbed his wife’s hands, not the knife, to try to prevent her from stabbing him.
Kluge also affected Moore’s ability on appeal to defend himself at the 3rd District by staying on the case as co-counsel, which eliminated Moore’s chance to claim his trial attorney did a poor job, Boland said.
Friday, 14 December 2007
Greg Sowinski | gsowinski@limanews.com
COLUMBUS — Timothy Moore may have lost his latest appeal Wednesday when the Ohio Supreme Court refused to hear his case but his new attorney said the fight is far from over.
Moore’s appellate attorney, Dean Boland, of Cleveland, said he has filed motions with the trial court and the 3rd Ohio District Court of Appeals, asking both to reconsider the case based on the argument Moore’s trial attorney, Bill Kluge, did a poor job.
Boland compares Kluge’s performance to the Kenneth Richey death penalty case about to be retried in Putnam County. Kluge was the attorney on that case and a federal appellate court ruled he didn’t do an adequate job. There are similar patterns in the Moore case that occurred in the Richey case, Boland said.
Moore was convicted of murder and sentenced to 15 years to life in prison for the Feb. 27, 2006, stabbing death of his wife, Terri Moore, inside their home at 3193 Cremean Road. Moore maintains his wife was stabbed as he defended himself from her trying to stab him.
Boland has identified some other issues previously raised on appeal to defend Moore but said his biggest claims will be against Kluge.
Kluge said he has tried to talk to Boland for the past three months about the case but Boland has avoided him by refusing to meet or accept his calls. Kluge said he was well-prepared for the trial and doesn’t see any merit in the claims Boland has waged.
“A lot of it was trial strategy or something he was misconstruing,” Kluge said.
Still, Kluge said he stands behind Timothy Moore and his claim of innocence and would be willing to help Moore’s defense in anyway he could.
Boland said Kluge was not prepared for trial. Kluge also asked witnesses to repeat testimony and that occurred more than 50 times including damaging testimony from the victim’s daughter who found her mother’s body after she had been stabbed.
Kluge also failed to attack evidence properly such as the fact no fingerprints were found on the knife that killed Terri Moore. That is consistent with Timothy Moore’s story that he grabbed his wife’s hands, not the knife, to try to prevent her from stabbing him.
Kluge also affected Moore’s ability on appeal to defend himself at the 3rd District by staying on the case as co-counsel, which eliminated Moore’s chance to claim his trial attorney did a poor job, Boland said.
