OPENING STATEMENT, DWM I
      by Catherine Halbrooks
  May it please the Court, ladies and gentlemen of the jury, Mr. Dill, Mr. Valeska,
and Mrs. Poe.  Karen Tipton's murder was a crime of passion.  Whoever killed her
knew her personally and she knew them.  For whatever reason on March the 12th
of 1999 they were extremely angry at Karen Tipton.
   We expect the evidence to show in this case that within the months prior to Karen
Tipton's death she had changed her appearance drastically.  There was a male other
than her husband that visited her on a daily basis after her husband left to go to
work.  We expect the evidence to show that she was approached by a friend of both
she and Dr. Tipton and asked if she would like to swap partners.  That happened a
month before her murder.  We expect the evidence to show that there's going to be
some other computer information that will be relevant to the motive for Karen
Tipton's killing.
   Daniel Moore didn't have a motive to kill Karen Tipton.  He had no reason at all
to do what the state has alleged he's done.  Not only did he not have motive to kill
Karen Tipton, he had no opportunity to kill Karen Tipton.  We expect the evidence to
show you very clearly that someone else had a motive to want Karen Tipton dead
and it was not Daniel Moore.  Our defense in this case in a way is simple.  We're
not saying we're not guilty because we don't know what we did on March the 12th.  
We're saying we're not guilty, we were not there.  Daniel Moore was never at Karen
Tipton's home on March the 12th, 1999.  He didn't go there with anybody.  He
didn't go there alone.
   The State in their opening told you what they expect the evidence to show and I'm
not going to go through and address each of those individually.  I simply will tell
you that through the course of this trial you will one by one eliminate the majority
of what the State has told you.  Everything that is important you will eliminate one
by one and it will be offered through the evidence on this stand.  Thank you.
  This is Catherine Halbrooks' entire opening statement--her outline of the defense of
Daniel Moore.  Here it is again, with some comments for clarification:
   
May it please the Court, ladies and gentlemen of the jury, Mr. Dill, Mr. Valeska,
and Mrs. Poe.  Karen Tipton's murder was a crime of passion
(a convenient
sound-byte and headline for the press, but there was no evidence to back it up).  
Whoever killed her knew her personally and she knew them (something she never
proved; what the evidence showed was that Karen was familiar enough with the killer to
allow him into the house--there was no evidence of forced entry).  
For whatever reason
on March the 12th of 1999 they were extremely angry at Karen Tipton
.
   
We expect the evidence to show in this case that within the months prior to Karen
Tipton's death she had changed her appearance drastically
(absolutely false, and
proven to be false with photographs of Karen; Halbrooks made no attempt to even offer
evidence to the contrary).  
There was a male other than her husband that visited her
on a daily basis after her husband left to go to work
(absolutely false; Halbrooks
offered no evidence this was the case--it was just another sensational sound-byte for the
press).  
We expect the evidence to show that she was approached by a friend of both
she and Dr. Tipton and asked if she would like to swap partners.  That happened a
month before her murder
(no, it was at least two or three months before).  We expect
the evidence to show that there's going to be some other computer information that
will be relevant to the motive for Karen Tipton's killing
(the temporary internet files
were never shown to be relevant in any way to this case, except to attack the Karen's
reputation through violation of the rape shield law).
   
Daniel Moore didn't have a motive to kill Karen Tipton (except to get money and
valuables to exchange for crack cocaine).  
He had no reason at all to do what the state
has alleged he's done
(except for the fact he was a crackhead, totally out of control,
and funding his crack addiction through exclusively illegal means).  
Not only did he not
have motive to kill Karen Tipton, he had no opportunity to kill Karen Tipton
(except
for the fact he was in Decatur that day, and had been there before, working for the
alarm company).  
We expect the evidence to show you very clearly that someone else
had a motive to want Karen Tipton dead and it was not Daniel Moore
(although she
never showed any motive on anyone else's part, much less "clearly").    (CONTINUED)
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