KY supreme court clears DNA testing for Death Row inmate

DNA testing opens the door to a convicted murderer's appeal, but release is far from certain.

In Kentucky, Brian Keith Moore is fighting to get off of Death Row. He won a big victory recently when the state supreme court decided to allow DNA testing of evidence in his conviction for the murder of Virgil Harris. But, the Louisville Courier-Journal reports, he still has a long way to go.

Another man, William Gregory, served seven years for a rape he didn't commit before DNA testing got him released from prison.

Moore won the right to DNA testing of clothes prosecutors say were worn when Harris was killed. The Kentucky Supreme Court on Dec. 21 dismissed prosecutors' challenge to Moore's request for testing. Unless the Supreme Court decides to reconsider the unanimous ruling, the evidence will go to the state police crime lab for testing.

It can take a long time for the results to come back, though.

"It depends on a lot of factors, including the testing that is conducted and any backlog at the DNA lab," said David Barron, Moore's public defender.

Prosecutors say a lack of Moore's DNA on the evidence won't mean a thing.

"The evidence in this case has been handled by a multitude of people over 27 years," assistant attorney general David Smith said. "The DNA evidence would be unreliable at this late date."