EKB News

The Kentucky Supreme Court has cleared the way for DNA testing on evidence from a 1979 murder that could affect the fate of a Death Row inmate. The high court this week unanimously rejected an appeal by prosecutors, who sought to overturn a judge's order granting the first DNA tests for a Death Row inmate in Kentucky. 49 year old Brian Keith Moore was convicted of a 1979 kidnapping and murder of Virgil Harris in Louisville. Moore sought the tests on a pair of pants that prosecutors claim he wore during the crime. Assistant Attorney General David Smith said prosecutors will ask the Kentucky Supreme Court to reconsider its ruling because the evidence is more than two decades old and has been handled by a number of people. Similar tests have resulted in 188 people being freed from prison around the country - 14 from death row.