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COUNTY COURTHOUSE —
Chief Judge Mark Clarke is pondering whether to allow other crimes to be used as evidence by the state against Raymond Moss in the case involving an incident that occurred in Sept. 2010. Moss is charged with two counts of criminal sexual assault, two counts of domestic battery and two counts of unlawful restraint.
Clarke had previously ruled the evidence from other crimes would be allowed, but Moss' defense attorney, Fred Turner, argued during Friday's motion hearing that the evidence from the other crimes is going to overwhelm the crime Moss is actually on trial for, and will confuse and prejudice the jury.
The prosecution, led by Assistant State's Attorney Eva Walker, wants to call witnesses and present evidence from a sexual assault for which Moss has been charged, but has not been convicted of, as the case has not yet been to trial.
The prosecution argued the evidence from the other assault should be allowed in this case because of the similarities between the cases and the short period of time in which they occurred. The defense contended the jury would be prejudiced against the defendant and confused about which crime he was actually on trial for if this evidence is allowed.
Clarke will render his decision about the evidence at the next pre-trial motion hearing, set for 1 p.m. Jan 6.
Chief Judge Mark Clarke is pondering whether to allow other crimes to be used as evidence by the state against Raymond Moss in the case involving an incident that occurred in Sept. 2010. Moss is charged with two counts of criminal sexual assault, two counts of domestic battery and two counts of unlawful restraint.
Clarke had previously ruled the evidence from other crimes would be allowed, but Moss' defense attorney, Fred Turner, argued during Friday's motion hearing that the evidence from the other crimes is going to overwhelm the crime Moss is actually on trial for, and will confuse and prejudice the jury.
The prosecution, led by Assistant State's Attorney Eva Walker, wants to call witnesses and present evidence from a sexual assault for which Moss has been charged, but has not been convicted of, as the case has not yet been to trial.
The prosecution argued the evidence from the other assault should be allowed in this case because of the similarities between the cases and the short period of time in which they occurred. The defense contended the jury would be prejudiced against the defendant and confused about which crime he was actually on trial for if this evidence is allowed.
Clarke will render his decision about the evidence at the next pre-trial motion hearing, set for 1 p.m. Jan 6.
