Trial has been delayed once again in the murder case against Robert Torian and a set of car keys were the main discussion in an evidentiary hearing held Friday in Christian Circuit Court.
Before the hearing truly began, defense attorney James Chamberlain—who represents Torian—says they have since gained new information that an expert who is examining evidence on their behalf will need more time to complete their work. Chamberlain requested a continuance of only a few weeks, which Judge Andrew Self granted, but due to other trial schedules, the new start date isn’t until October 3.
Two officers testified to what they remember about the keys found during a search of the scene near McHenry Street in 2019, where Torian is alleged to have shot Terrill Moore in the head after the two got into an argument. Officer Justin Rios testified that he himself, along with his K9, located the keys but was not the one to file them into evidence, though is report stated they had been. Officer Nicholas Skjerseth says he remembers seeing the keys on scene, but did not collect them or put them into evidence.
Chamberlain says it shows bad faith on the behalf of the officers and he would request at least some type of jury instruction on lost evidence at trial.
Judge Self declined ruling on that request, saying he will do so as more context and information is provided as they get closer to trial.
Chamberlain says they intend to argue that if the keys belong to the car the shooting is alleged to have occurred in, then it unravels the Commonwealth Attorney’s theory of the case.
Torian is charged with murder, with Hopkinsville police alleging he exited a car while he and Moore argued and that he then opened the front passenger side door and shot Moore in the head.