Judge weighing more testing in death penalty case

LOUISVILLE, Ky. (AP) -- A judge is weighing whether to order more specific testing on evidence in a 1979 murder case in a move defense attorneys say could either implicate or clear their client.

Jefferson Circuit Judge James Shake told attorneys on Monday he would have a ruling in the case of death row inmate Brian Keith Moore as soon as possible.

Moore was convicted of killing Virgil Harris in August 1979. Preliminary tests on a shirt, jacket and a check that were in evidence showed DNA from multiple people and could not definitively include or exclude Moore.

Moore's lawyer, David Harshaw, asked Shake for a more specific kind of test that could tell whether the genetic material came from their client.

Assistant Attorney General David Barr told the judge Moore isn't entitled to any more testing.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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