Deputy Scott Smith points at photos of crime scene on screen in court Wednesday
Todd County Circuit Judge Tyler Gill says the Commonwealth has an uphill battle ahead to prove Carson Moore assaulted his wife and nearly beat her to death at their Old Trenton Road home last summer.
Judge Gill heard lengthy testimony Wednesday from retired Kentucky State Police detective and current Christian County Sheriff’s Deputy Scott Smith as he described blood splatter from the scene and his training that allowed him to form opinions on the evidence.
Defense attorney Ken Haggard has contended Johnnie Moore suffered seizures, had a history of falls and noted that blood testing showed she had the mind-altering drug “PCP” in her system on the day of the incident. Deputy Smith couldn’t definitively say her injuries didn’t result from some type of medical incident, but did testify the injuries happened at least five feet above the floor of the home.
Judge Gill will take time to make a formal ruling on whether Deputy Smith can testify as an expert, but cautioned acting Commonwealth’s Attorney Justin Crocker that he hasn’t heard testimony or seen evidence so far that identifies Carson Moore as the assailant even if it’s proved the injuries didn’t come from a fall or seizure.
Crocker says it will likely come down to a jury of Carson Moore’s peers deciding if he’s guilty.
DNA testing results have not come back from the state crime lab and Judge Gill says they must be received by June 27th to be used in a July 23rd trial. Crocker acknowledged he may have to dismiss the first-degree assault charge against Carson Moore without prejudice and possibly refile when the results are back, in the likely event they aren’t yet available by that date. Haggard requested a speedy trial for his client, who remains out on bond with an ankle monitor.
Judge Gill noted the case is unique in that the alleged victim, Johnnie Moore, has no memory of the indent that put her in Skyline Medical Center with life-threatening injuries.