Court ponders possible evidence in Raymond Moss case
</element><element id="paragraph-1" type="body"><![CDATA[A judge is considering whether to allow evidence of other sex crimes to be used at Raymond Moss' upcoming trial on a charge of aggravated criminal sexual assault.
Moss, 46, 724 Beggs Place, Harrisburg, is charged with a single county of aggravated criminal sexual assault in connection with an incident that took place Oct. 15. He was indicted by the grand jury on Nov. 16 after having been charged through a bill of information. Moss remains held at the Saline County Detention Center on $1 million bond.
Judge Todd Lambert heard argument on several motions Thursday morning.
Assistant State's Attorney Eva Walker previously filed a motion saying the state plans to introduce evidence of sexual assault and abuse Moss committed against other women. The dates of the acts are Sept. 29, 2010, Sept. 18, 2010, May 2010, March 28, 1999 and Aug. 30, 1989. The evidence would show Moss has a propensity to commit sex crimes, according to Walker's motion.
Normally, other crimes are not admissible; but evidence showing a propensity may be admitted sometimes in cases involving sex crimes.
Public Defender Lowell Tison contended two of the cases mentioned by Walker are irrelevant. the Aug. 20, 1989 incident ended in acquittal at a jury trial and should not be admitted. Charges connected to the March 28, 1999 incident were dismissed.
Tison further argued in written motions the most recent events should not be admitted as evidence because of the possibility such evidence could prejudice the jury against the defendant.
Judge Todd Lambert reserved a ruling on part of the state's motion. However, he decided not to allow the 1989 case to be introduced.
If Moss is found innocent in any other cases, those also will not be introduced at the trial for this case, Lambert ruled Thursday.
Moss was charged by grand jury on Jan. 25 with one count of aggravated criminal sexual assault, four counts of criminal sexual assault, two counts of felony domestic battery and two charges of unlawful restraint in connection with the incidents that took place in May 2010 and on Sept. 18.
Tison has introduced a motion for an expert witness to examine DNA evidence related to the case. Lambert told Tison before a motion to spend money on an expert witness is granted, Tison needs to determine whether an expert's services are needed, what he will do and what it will cost.
Tison did not wish to proceed on motions to appoint additional counsel or a motion for a special prosecutor.
The case is set for trial May 18.