Raymond Moss trial pushed back to November
</element><element id="paragraph-1" type="body"><![CDATA[A trial of Raymond Moss on sexual assault charges was pushed back to Nov. 4.
Moss, 47, 724 Beggs Place, Harrisburg, awaits trial on two charges of criminal sexual assault, two charges of domestic battery and two charges of unlawful restraint filed by the grand jury on Jan. 25. The indictment contends Moss sexually assaulted a woman on Sept. 18 and did not allow her to leave the residence at 7 S. Shaw St. Moss has two other sexual assault cases pending in Saline County Circuit Court, but the State's Attorney's office decided to take the present case to trial first.
The trial, slated to begin Aug. 9, was delayed at the request of defense attorney Fred Turner. Assistant State's Attorney Eva Walker initially indicated she did not plan to introduce any DNA evidence at the trial. However, she then indicated on July 1 some evidence processed by the State Police Crime Lab could be used. The DNA concerns another case, which is pending in Circuit Court.
Walker said she would not use the evidence if it caused a delay in the trial.
Turner, however, contended there may be something in the evidence helpful to the defense. Turner is not qualified to tell the court or his client what that evidence might be, because he cannot interpret what is in the reports from the lab, he said. He needs an expert to read the report and interpret the results.
Judge Mark Clarke granted Turner's motion to hire an expert to review the reports. Clarke agreed review of the reports and investigation by the defense based on the reports could take more time than a few days.
Clarke denied a motion to compel Walker to step aside as prosecutor and testify as a witness in the case. Turner said witnesses' accounts of what took place on a given date has been changing, and the changes took place after interviews involving investigator Jack T. Nolen, Walker and the witnesses. Since Nolen died last month, Walker's recollection of the interviews could be crucial to the defense, Turner said.
"We think that Eva Walker is a very important witness to the defense," Turner said.
Clarke said Walker's role as a witness is speculative at best and unlikely at this point. Clarke suggested Turner could best highlight inconsistent stories through cross-examination of the witnesses.
Clarke set a pretrial date 10 a.m. Sept. 30. Oct. 7, Oct. 14 and Nov. 4 could be used as pretrial dates if there are any motions left unresolved after Sept. 30.