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Death Row inmate doesn't match DNA

LOUISVILLE — An attorney for an inmate on Kentucky's Death Row said on Friday that DNA found on two pieces of clothing in a 1979 slaying does not match the convicted killer's.

The tests were performed on a shirt and jacket seized after the killing of Virgil Harris in Louisville.

Prosecutors claimed the clothing was worn by Brian Keith Moore, who was condemned to death for the slaying and robbery.

Moore's attorney, David Barron, said he will ask a judge Monday for a type of DNA testing that yields more specific results.

”The Commonwealth argued extensively that the murderer wore these clothes,“ Barron said. ”If someone's DNA is on them, and our client's DNA is not on them, that in itself is sufficient to show that he didn't wear them.“

Barron said if that's the case, he would ask Jefferson Circuit Judge James Shake to reverse Moore's death sentence.

The state Attorney General's office said Friday that it has not seen the DNA test results.

”We will be filing our own pleadings in court, which will outline our position on this particular issue on the case,“ spokeswoman Allison Martin said.

A draft of the motion furnished by Barron on Friday said a lab technician was unable to determine whether Moore's DNA was on the shirt and jacket.

The male DNA that was tested did not match Moore's, the motion said. Barron is asking for further testing at a private lab.

In 2006, Moore became the first Kentucky Death Row inmate to request DNA testing on evidence from a murder predating the science allowing the tests.

Moore has said another man framed him for the killing. He was convicted of killing Harris based in part on soil found on the shoes and pants that matched dirt where Harris' body was found and clothes brought forth by a witness.