A Conviction In Question

Summary

48 Hours: "A Conviction In Question" - Episode Summary

Introduction

The CBS News podcast "48 Hours," hosted by Anne-Marie Green, delves into the intricate case of Karen Tipton's murder in Decatur, Alabama. The episode titled "A Conviction In Question," released on June 4, 2025, explores the controversial conviction of Daniel Wade Moore, who has been tried three times for the brutal murder of Karen Tipton. This summary captures the key discussions, insights, and conclusions drawn from the episode, providing a comprehensive overview for those unfamiliar with the case.

Case Background

On the afternoon of March 12, 1999, Karen Tipton, a 39-year-old housewife from Decatur, Alabama, was found brutally murdered in her home. Her husband, Dr. David Tipton, a psychiatrist, discovered her body after noticing unusual signs such as an unlocked deadbolt and blood stains. The crime scene was particularly gruesome, with Karen having been stabbed 28 times and her throat slit. Despite initial theories suggesting robbery or sexual assault, key evidence pointed towards someone known to Karen.

Initial Investigation and Accusation

Dr. David Tipton emerged as the primary suspect due to the lack of forced entry and the nature of the crime. However, the investigation took a dramatic turn when a relative of Daniel Wade Moore implicated him by claiming Moore had made alarming statements related to the murder. This led to Moore's arrest and eventual confession under distress, where he admitted being present at the crime scene—a confession he later retracted, asserting his innocence ([02:29], [03:15]).

First Trial and Conviction

The first trial in 2002 resulted in Moore being found guilty of capital murder and sentenced to death by lethal injection. Despite defense attorney Sherman Powell's unwavering belief in Moore's innocence, citing insufficient evidence beyond a reasonable doubt, the jury convicted him based on circumstantial evidence, including Moore’s confession and a self-inflicted stab wound during interrogation ([05:01]–[06:30]).

Appeals and Prosecutorial Misconduct

Powell continued to fight for Moore’s exoneration, uncovering prosecutorial misconduct when the state withheld a 245-page FBI report that contained exculpatory evidence. This report revealed Karen Tipton's secret life, including extramarital affairs, which prosecutors had previously ignored. Judge Glenn Thompson eventually ruled that Moore had been denied a fair trial, leading to his release in 2005 after serving over two years on death row ([21:57]–[24:07]).

Second Trial and Mistrial

Despite the initial release, prosecutors persisted, leading to a second trial in 2008 overseen by Judge Stephen Haddock. This trial introduced new evidence, including witness Pam Smith’s testimony of seeing Karen alive later than the police estimated her time of death. However, Sherman Powell adeptly used this opportunity to cast further doubt on Dr. David Tipton’s involvement, suggesting potential evidence tampering, such as the deletion of files from Karen’s home computer ([25:08]–[30:40]).

The second trial concluded with a mistrial after seven days of deliberation, as the jury could not reach a unanimous verdict. This outcome highlighted lingering uncertainties and the deep divisions within the community regarding Moore’s guilt ([37:57]–[40:59]).

Third Trial and Continued Controversy

The episode progresses to Moore’s third trial, emphasizing the ongoing struggle to uncover the truth. Key issues include the delayed discovery of critical computer evidence and the persistent allegations against Dr. David Tipton. Despite renewed efforts by Powell to find definitive proof of Tipton’s guilt, questions remain unanswered, leaving the case unresolved and the true perpetrator of Karen Tipton’s murder still at large ([32:16]–[35:26]).

Personal Impact and Community Response

The prolonged legal battle has had profound effects on all parties involved. Karen’s daughters, now teenagers, continue to grapple with the loss of their mother and the unresolved nature of her death. Dr. Tipton relocated 700 miles away, unable to escape the stigma and fear associated with the case. Meanwhile, Daniel Moore remains a symbol of potential judicial failure, having spent a significant portion of his life in legal limbo ([34:43]–[35:26]).

Conclusion and Ongoing Uncertainty

The episode concludes with the community divided over Daniel Moore’s innocence, the integrity of the judicial process, and the quest for true justice for Karen Tipton. Assistant State Attorney General Don Valeska maintains his conviction in Moore’s guilt, while Sherman Powell and Moore’s supporters continue to seek answers and exoneration. The unresolved nature of the case underscores the complexities of the American justice system and the enduring impact of wrongful convictions on individuals and communities ([40:17]–[43:21]).

Notable Quotes

• Sherman Powell: “If I hadn’t had any idea that he did this horrible a crime, I wouldn’t have represented him. It’s just that simple.” ([03:38])

• Daniel Wade Moore: “I didn’t do it. I was nowhere near that house that day when that woman was murdered.” ([04:31])

• Judge Glenn Thompson: “It didn’t matter what I thought. The jury said that he did it.” ([05:59])

• Prosecutor Don Valeska: “They should be indicted for attempted murder and perjury.” ([23:28])

• Sherman Powell: “The majority of the stuff in there was gay men interacting. And I have never seen a lady yet that would sit down and look at that kind of stuff.” ([19:47])

Impact and Reflections

The "A Conviction In Question" episode of "48 Hours" illuminates the profound challenges in ensuring justice within the legal system. It highlights the potential for wrongful convictions, the importance of prosecutorial transparency, and the enduring search for truth in the face of institutional pressures. The case of Daniel Wade Moore serves as a poignant reminder of the human cost of legal battles and the necessity for continual vigilance in upholding the principles of fair trials and evidence-based convictions.

Final Thoughts

As the community of Decatur awaits further developments, the unresolved nature of Karen Tipton’s murder continues to cast a shadow over the pursuit of justice. "48 Hours" effectively captures the emotional and procedural complexities of this case, offering listeners a nuanced understanding of the interplay between law, personal conviction, and the quest for truth.

Transcript

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[Ryan Reynolds]

Morgan county in Decatur, Alabama is not that big of a place. You can whisper a rumor over here in the northwest corner of the county. And you can get in your car and you can travel as fast as you can. Go to the other corner of the county and that rumor will beat you up there. Brother Powell has been practicing law here for almost as long as I've been alive. I've been practicing here for nearly 40 years. I'm also a part time farmer. If you can't get hold of Sherman in the afternoon, it's more than likely that it's because he's on his tractor. When I'm not in the courtroom, I like to go to the farm and make hay. I don't think Mr. Powell knew what he was getting into when he took this case on.

[Sherman Powell]

It's been five days since 39 year old Karen Tipton was murdered.

[Ryan Reynolds]

Daniel Wade Moore is facing capital murder. I was 250 foot from the execution chamber. Defended Daniel Wade Moore in three trials for the capital murder of Karen Tipton. She was a proud mother.

[Sherman Powell]

Stop it, Carolyn.

[Ryan Reynolds]

She was a good wife. She was a pleasant, happy person. I will never forget, nor will I ever forgive what was done to Karen.

[Sherman Powell]

Did you kill Karen Tipton?

[Ryan Reynolds]

I'm not gonna quit. I wanna see justice done. Justice number one is acquitting Daniel Wade Moore. And then justice would be going after the person that killed Karen Tipton. Opening statements began this morning in the third capitol murder trial for Daniel Wade Moore. I was not at that house the day she was murdered. I didn't have anything to do with it. He's a liar. He lies all the time. If it isn't me, the only person that leaves is him. Nobody that knew consider me capable of doing such a crime. This has been a long journey. It's been an odyssey. It's been ten years. Now. It's finally over.

[Sherman Powell]

Lies and Whispers. Tonight's 48 Hours Mystery.

[Ryan Reynolds]

If I hadn't had any idea that he did this horrible a crime, I wouldn't have represented him. It's just that simple.

[Sherman Powell]

For nearly a decade, attorney Sherman Powell's faith in the innocence of accused murderer Daniel Wade Moore has never wavered.

[Ryan Reynolds]

I've talked to a lot of defendants, but after sitting there nose to nose with him, there was no doubt in my mind that he was telling the truth, that he did not do it. He knew nothing whatsoever about it.

[Sherman Powell]

But authorities see it differently. They say Moore killed Karen Tipton, a wife and mother from Decatur, Alabama.

[Ryan Reynolds]

We're not talking about a few years of my life. We're talking about my entire life, my right to breathe. They can't do this.

[Sherman Powell]

Moore has always said he wanted his day in court.

[Ryan Reynolds]

I didn't do it. I was nowhere near that house that day when that woman was murdered.

[Sherman Powell]

Well, he got it.

[Ryan Reynolds]

Daniel Wademore is facing capital murder during.

[Sherman Powell]

A robbery, kidnapping, sexual assault, and a burglary. In fact, he's received more days in court than he'd care to count.

[Ryan Reynolds]

Time and time again, you get a little bit of hope only to have carpenter from under you. You can only take that so many times before you learn to quit hoping.

[Sherman Powell]

No one would blame Moore for giving up hope, especially after his first capital murder trial in 2002 when he was found guilty. Do you remember what you were thinking or what was going through your mind when the jury said guilty?

[Ryan Reynolds]

My jaw hit the floor. It was just unbelievable. I mean, it was just shocking.

[Sherman Powell]

He wasn't the only one. Presiding judge Glenn Thompson, who read over the jury's verdict moments before it was revealed in open court, could not believe his eyes.

[Ryan Reynolds]

Former law partner saw my reaction. He said he saw the blood drain out of my face. He said I just turned white from the top down. When I saw the verdicts, you know, I was that surprised.

[Sherman Powell]

Why?

[Ryan Reynolds]

I didn't think the state had proven it. Too many unanswered questions. It never got to the point of beyond a reasonable doubt.

[Sherman Powell]

Given his reservations, what judge Thompson did next could be considered shocking.

[Ryan Reynolds]

It didn't matter what I thought. The jury said that he did it.

[Sherman Powell]

When it came to sentencing, Thompson said he was required by law to consider the severity of the crime.

[Ryan Reynolds]

It was the most heinous crime that I think has been committed in this county ever.

[Sherman Powell]

Karen Tipton had been stabbed 28 times and her throat was cut.

[Ryan Reynolds]

No one deserves for their loved one to be butchered like that.

[Sherman Powell]

In accordance with the law, Judge Thompson imposed the maximum penalty. Death.

[Ryan Reynolds]

Death was the appropriate sentence.

[Sherman Powell]

It's highly unusual for a judge to speak publicly about a case, but he granted 48 hours this interview.

[Ryan Reynolds]

It's not that I wanted to sentence him to death, but I did.

[Sherman Powell]

But that guilty verdict was set aside and the state tried more again and again and then yet again.

[Ryan Reynolds]

I'd say maybe a fraction of 1% of cases may end up lasting this long or having three trials. It's just really unheard of.

[Sherman Powell]

How can that happen? How does a man get tried three times for the same murder? We'll explain, but first we need to go back to the afternoon of March 12, 1999.

[Ryan Reynolds]

Perfectly normal day.

[Sherman Powell]

Dr. David Tipton, a psychiatrist, was married to Karen, who was a 39 year old housewife.

[Ryan Reynolds]

She was in the prime of her life. She was prettier than she had ever been in her life.

[Sherman Powell]

Tipton, who was also 39, says he came home from work earlier than usual that day to go to the theater.

[Ryan Reynolds]

We had plans to go to the Sound of Music that night.

[Sherman Powell]

When he walked from the garage into the house, he noticed the deadbolt on the door was not locked. Dr. Tipton went into the foyer to hang up his.

[Ryan Reynolds]

I still think Karen's upstairs. This is a big house.

[Sherman Powell]

Are you yelling for her?

[Ryan Reynolds]

I did call for her, yeah. She should have been there with the children at that point. Saw a drop of blood, one small drop of blood on the foyer, on the tile. The next thing I saw was more blood in the foyer towards the door. And I walked up the stairs and was the most surprised person on the face of the earth to get to the top and find a dead body there that looked somewhat like Karen.

[Sherman Powell]

It was that bad? It didn't even look like you were.

[Ryan Reynolds]

Oh, no.

[Sherman Powell]

Karen's nude body was lying at the top of the stairs.

[Ryan Reynolds]

My name is David tipton. I'm at 2330 Chapel Hill Road and my wife has been killed. I have no idea where my children are. There's nobody here. There is blood everywhere.

[Sherman Powell]

Investigators began searching for clues as officers tracked down the Tipton children, still at school, where they had never been picked up.

[Ryan Reynolds]

The worst day of my life was about a week after the murder. And that was when Kathryn, then three years old, asked me when mommy was coming back from heaven. That was the worst single moment that I could ever imagine because that was a beautiful, innocent little child who had been told that her mommy had gone to heaven. And a week later she was wanting to know when she came back.

[Sherman Powell]

The crime scene was puzzling. Dr. Tipton reported that Karen's purse and some jewelry were missing, but her diamond ring was still on her finger.

[Ryan Reynolds]

It was a shockingly brutal homicide.

[Sherman Powell]

At the time of the murder, Ken Collier was chief of investigations for the Decatur police. Today he is police chief. Was there any evidence of forced entry?

[Ryan Reynolds]

There was not.

[Sherman Powell]

In a case where a woman is found in her own home murdered in the middle of the day, who is usually the first suspect? I mean, who do you look at first?

[Ryan Reynolds]

Well, you know, you start normally with the husband or wife. Even from the beginning, I realized that I had to be a suspect because I was the first on the scene and the husband, I knew that.

[Sherman Powell]

Police believe Karen was murdered sometime between 1pm after a phone call to a friend and 2:30pm when she usually picked up the kids from school. Dr. Tipton's office manager told police that Tipton left his office in neighboring Huntsville at 3:30.

[Ryan Reynolds]

He had an alibi that we were able at least that same day to partially substantiate.

[Sherman Powell]

It was enough for police to allow Dr. Tipton, the natural suspect by his own admission, to go back into his home the night of the murder. But if they let him back in the house, the crime scene, they obviously didn't consider him a suspect who might try to destroy any kind of evidence.

[Ryan Reynolds]

Well, I can't get into their heads, but that's a reasonable statement.

[Sherman Powell]

Did he have any injuries on him or anything that would indicate to officers that he had just been involved in a brutal murder?

[Ryan Reynolds]

No.

[Sherman Powell]

No. One thing's for sure, the police needed some answers. There was no murder weapon or fingerpr found at the scene. Was there a lot of pressure to get someone for this crime?

[Ryan Reynolds]

Sure there was. High profile, rich doctor's wife, beautiful lady brutally slain. Don't you think there was a little bit of pressure on the pd? I think there was a lot of pressure on them. They had to have something.

[Sherman Powell]

Cops got nowhere for a month until suddenly a lucky break. A relative of Daniel Moore's went to the police and told them that Moore had said something alarming.

[Ryan Reynolds]

He said, you know, the Tipton murder, the doctor's wife that was murdered on Chapel Hill Road. And I said, yeah. And he says, well, I was there. This episode is brought to you by greenlight.

[Sherman Powell]

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[Sherman Powell]

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[Ryan Reynolds]

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[Sherman Powell]

I like my outlandish theories with a heavy dose of evidence and ready to go toe to toe with a cat of guest stars.

[Ryan Reynolds]

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[Sherman Powell]

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[Sherman Powell]

That sounds like fun.

[Ryan Reynolds]

Obviously, murder's not fun.

[Sherman Powell]

Back in 1999, even Daniel Wade Moore thought of himself as a drug addicted loser.

[Ryan Reynolds]

Been on drugs for a while and I'd pretty much just given up on life.

[Sherman Powell]

What kind of drugs were you using at that time?

[Ryan Reynolds]

Crack cocaine and marijuana.

[Sherman Powell]

Desperate for money, he brazenly snatched a gold chain in full view of a store clerk who called police. The chase was on and Moore wound up crashing his pickup truck. He was arrested and taken to jail, but as soon as he got bailed out, Daniel continued to binge on drugs. His uncle Sparky Moore tried to help, but Daniel pushed him away.

[Ryan Reynolds]

I think he would have said anything to do the drugs, to be on his own so he could do the drugs, anything.

[Sherman Powell]

Including telling his uncle that he was involved with the murder of Karen Tipton.

[Ryan Reynolds]

And I said, are you telling me that you killed Ms. Tipton? And he said, no, no, I couldn't kill anybody. But I was there when she was killed. What he told his uncle was something you could have read in the local media.

[Sherman Powell]

Defense attorney Sherman Powell says that Moore's confession was pure fiction.

[Ryan Reynolds]

What he said basically was, we broke in the house. I was upstairs, they killed her downstairs. Nobody broke in the house. She was not killed downstairs. And that just wasn't true.

[Sherman Powell]

Help me out here, Daniel. Why would you basically confess or put yourself into a situation that you say you had nothing to do with?

[Ryan Reynolds]

Well, I wanted to get my grandfather and my uncle to leave me alone.

[Sherman Powell]

But if Moore thought that story was going to bring him peace and quiet, he was mistaken. His uncle went to the police and told them what Moore had said.

[Ryan Reynolds]

That was a significant statement to us.

[Sherman Powell]

Decatur Police Chief Ken Collier.

[Ryan Reynolds]

If you got a guy saying I was there, then you're going to focus on that till you find out what you can.

[Sherman Powell]

According to Collier, Moore was in town at the approximate time of the murder and had no alibi. Police brought him in for questioning, and the moment Moore was left alone in the interrogation room, he began stabbing himself with a penknife. Were you actually trying to kill yourself?

[Ryan Reynolds]

Yes, ma' am. And they started telling me how, you know, my family were such good people, and it was just a shame that I wasn't nothing but a junkie. He walked out of the room, and I just said, that's it. Took out a knife out of my pocket and just closed my eyes and did it like that.

[Sherman Powell]

You know, somebody who doesn't know your case could look and say, look, you're using a knife. Karen Tipton was stabbed. You're trying to kill yourself. That could sound like a guilty man.

[Ryan Reynolds]

Yes, ma' am. I understand that.

[Sherman Powell]

Police saw the stabbing incident as confirmation of Moore's guilt, and that was even before investigators discovered a link between Moore and the Tiptons. How would you describe Karen Tipton?

[Ryan Reynolds]

Middle aged. I mean, she seemed nice.

[Sherman Powell]

As it turns out, Moore had worked for a security company that had installed the alarm system at the Tipton house. David Tipton speculates Karen may have allowed Moore in because she recognized him. How did you think it happened?

[Ryan Reynolds]

He came and knocked on the door and said, hello, I work for the alarm company. He had been there just a few months before. He lied his way in the house.

[Sherman Powell]

The attack, Tipton says, continued upstairs in the bedroom, where police found Karen's clothing on the floor and blood on the bed.

[Ryan Reynolds]

I think that it's very likely that after that prolonged period of sexual and physical torture, that she managed to actually escape from that and got to the top of the stairs before she was finally killed there. Somewhere in the range of 28 stab wounds, probably the last thing to be cut was her throat.

[Sherman Powell]

To David Tipton, it is an open and shut case of a drug addict killing for money.

[Ryan Reynolds]

Daniel Wade Moore confessed to involvement. Daniel Wade Moore is an absolutely 100% profile matched with somebody that would do a crime just like this.

[Sherman Powell]

But except for after that one time admission to Uncle Sparky, Moore insists he had nothing to do with Karen Tipton's murder, and the physical evidence seems to back him up. Were your fingerprints found anywhere near this house?

[Ryan Reynolds]

No, ma' am.

[Sherman Powell]

Was Karen Tipton's blood found anywhere on you? On your clothing?

[Ryan Reynolds]

No, ma' am.

[Sherman Powell]

In your car?

[Ryan Reynolds]

No, ma' am.

[Sherman Powell]

Any fibers, any of her hair? Anything?

[Ryan Reynolds]

Nothing.

[Sherman Powell]

Two hairs were found at the scene, but they were in poor condition. It's possible, but not definitive that they belong to Daniel Moore.

[Ryan Reynolds]

It rules out 99.8% of the population, leaving 2/10 of 1%. And he's in that 2/10.

[Sherman Powell]

But there are hundreds of other people in that group, too. He's not the only person.

[Ryan Reynolds]

He was the only person in that group that had the means, motive and opportunity to do the crime. This was not something that a burglar, a robber, a rapist, or anybody does. Not even a contract killer does that. This was a crime of passion, period. This is important.

[Sherman Powell]

Sherman Powell pointed the finger of guilt directly at Dr. David Tipton. If Dr. Tipton says that this was a happy marriage, they were both very happy, both faithful to each other, is he telling the truth?

[Ryan Reynolds]

That's what he testified to. But from the evidence I've seen, I would just, in my opinion, say it was a very open man.

[Sherman Powell]

Even David Tipton was aware of the rumors going around town during that first trial. Tipton admitted that just weeks before the murder, his best friend Mikey Zell had emailed Karen suggesting they swap spouses.

[Ryan Reynolds]

I was offended by that. Not only by Mike, but by Karen as well.

[Sherman Powell]

What do you mean?

[Ryan Reynolds]

That she had carried on a silly conversation with a friend of mine on.

[Sherman Powell]

The day she died. Karen had been using that computer and may have discovered a collection of pornography.

[Ryan Reynolds]

The majority of the stuff in there was gay men interacting. And I have never seen a lady yet that would sit down and look at that kind of stuff.

[Sherman Powell]

Powell speculates that Karen discovered the porn and confronted her husband, sparking the fatal fight. Oh, so you. You absolutely, as you're sitting here, think David Tipton is the one who's responsible for his wife's death?

[Ryan Reynolds]

That's what my evaluation of the evidence tells me. Yes. Now, if that hurts somebody else's feelings, I'm sorry. That's just the way it is. Am I capable of killing somebody? Yep. Am I capable of killing a loved one? No. Am I capable of torturing my wife to death? That's crazy. It is easier for people to think of me being a killer than it is for Daniel Moore to be a killer. It scares people to think that some stranger off the street could show up in your house, and the next minute you're in a torture chamber. But in the end, you really kind of need to look at the evidence.

[Sherman Powell]

But Judge Glenn Thompson looked at the evidence, and he found it inconclusive.

[Ryan Reynolds]

There's circumstantial evidence that indicates that Dr. Tipton had an opportunity and a motive to do it. But I'm not accusing him. You know, the circumstantial evidence against him is no stronger than the circumstantial evidence against Daniel. I don't know who did it. It could be an entirely different party. I do not have a clue who did it.

[Sherman Powell]

At the end of the first trial, Moore's uncle was hopeful until he saw the jury file in with the verdict.

[Ryan Reynolds]

They just came in, you know, one of them was crying. And I pretty much knew when I saw that that this was going to be something bad.

[Sherman Powell]

Daniel Moore was found guilty of capital murder. And on January 23, 2003, he was sentenced to die by lethal injection. He might still be on death row if not for a discovery that saved his life and rocked Decatur.

[Ryan Reynolds]

Even in polite southern society, a liar is a liar is a liar.

[Sherman Powell]

They lied.

[Ryan Reynolds]

They lied. I was 250 foot from the execution chamber, locked in a 5 foot by 9 foot cell.

[Sherman Powell]

In February of 2003, Daniel Wade Moore became the newest inmate on Alabama's death row.

[Ryan Reynolds]

There's things that he's more afraid of than death, I can assure you, which is being accused of something he did not do.

[Sherman Powell]

Sherman Powell immediately began working on Moore's appeal. What happened next changed the Moore case forever. Prosecutors turned over this 245 page report compiled by the FBI on the Tipton murder, an FBI report that prosecutors had repeatedly denied existed.

[Ryan Reynolds]

It was the most egregious case of prosecutorial misconduct that I have ever been aware of.

[Sherman Powell]

Judge Glenn Thompson was in the. He believes Don Valeska, the assistant state attorney general trying the case, had lied to him.

[Ryan Reynolds]

Well, Mr. Valeska, who was the lead prosecutor for the state, stood in this courtroom, and I'll quote him, he says, there ain't no such thing as an FBI report.

[Sherman Powell]

You asked him directly?

[Ryan Reynolds]

Absolutely. And he looked me in the eye and said that it infuriates me when someone lies to the court. They should be indicted for attempted murder and perjury.

[Sherman Powell]

No one from the Alabama attorney general's office would speak to 48 Hours about the case. But Valeska has insisted publicly that he did not lie and claimed that the FBI information was not a formal report. But whatever it was, that material appeared to help the defense. Why would the prosecution, why would the police withhold information from you?

[Ryan Reynolds]

Because it shows opportunity or motive for someone else.

[Sherman Powell]

The Decatur Police Department had asked the FBI for help. The information collected by the bureau revealed that Karen Tipton had been leading a, quote, secret life, which included extramarital affairs. The FBI surmised that Karen may have known her killer and recommended that both David Tipton and his best friend Mikey Zell be given polygraphs, even though they had been ruled out as suspects by police. Is it fair to say that once you had Daniel Morin and there was more evidence building against you, is fair.

[Ryan Reynolds]

To say that once we had a viable suspect, we pursued that suspect until we were able to build what we thought was a viable case against him.

[Sherman Powell]

Police Chief Ken Collier and didn't follow up on these other leads?

[Ryan Reynolds]

I don't know that they did or didn't. Their focus was on Daniel Wade Moore. Once he admitted to have been in the house when she was killed.

[Sherman Powell]

Powell kept digging and struck pay dirt with a new witness who was not called during Moore's first trial for the simple reason that Powell did not know she existed on that day. About what time were you coming this way on the road? Approximately 3:30.

[Ryan Reynolds]

3:25.

[Sherman Powell]

Pam Smith, a Tipton neighbor, said she saw Karen alive near her mailbox the afternoon of her murder. After the time police believed Karen had already been killed, she was on her way back to her truck. Pam says she called the police just days after the murder to tell them what she saw. Did you ever hear from the police again after you made that initial call? No, ma' am. Do you think maybe your call got lost? What do you think? I think my story didn't fit with their theory.

[Ryan Reynolds]

In order for their theory to work, she had to die at about 1 or 1:30. It wouldn't work if she was alive at 3:30. I think clearly they knew about that and they said, well, we'll just lose. That.

[Sherman Powell]

Was that ignored? Because it didn't fit the ultimate theory that the police department had formed.

[Ryan Reynolds]

I can tell you, I don't think anything was intentionally ignored.

[Sherman Powell]

You think Pam Smith was mistaken?

[Ryan Reynolds]

Yes, I think she was mistaken.

[Sherman Powell]

But Judge Thompson found Smith credible.

[Ryan Reynolds]

She was there and described her what.

[Sherman Powell]

She was wearing and was convinced Moore had been treated unfairly.

[Ryan Reynolds]

The man had been denied a fair trial. They'd been given every opportunity to prosecute him fairly, and they'd squandered that opportunity.

[Sherman Powell]

In February 2005, two years after sending Daniel Moore to death row, Thompson made a ruling that shocked everyone. The judge declared that a new trial would subject Daniel Moore to double jeopardy being tried twice for the same crime, and instead ordered him released.

[Ryan Reynolds]

I thought I'd committed political suicide. I really did.

[Sherman Powell]

But you did it anyway.

[Ryan Reynolds]

I did it anyway, it was the right thing to do.

[Sherman Powell]

By this time, Dr. David Tipton had taken his daughters and moved 700 miles away from Decatur.

[Ryan Reynolds]

There are hateful people in Decatur whose seemingly their whole life is dedicated to attacking me.

[Sherman Powell]

When he heard the news about Daniel Moore's release, he was furious.

[Ryan Reynolds]

I think that he needs to be dead. I'm not allowed to kill him. The second best is to have the state to kill him.

[Sherman Powell]

Even his daughters were shaken.

[Ryan Reynolds]

Even though we're way far away, it made me nervous. I'll admit it. They're afraid that he would come after them. Why not? Everybody should be afraid.

[Sherman Powell]

The state of Alabama wanted another crack at Moore and convinced the courts to put him back in jail pending appeal. After four short days of freedom, Moore was sent back to jail while prosecutors tried to undo Thompson's ruling.

[Ryan Reynolds]

It's like every time when you finally think it's fixing to be over, something else puts it off.

[Sherman Powell]

It took years, but prosecutors got their way. In February 2008, nine years after Karen Tipton was murdered, Daniel Moore went on trial for the second time. Valeska petitioned to have Judge Thompson removed from the case to avoid the appearance of impropriety. And so Thompson was replaced by Judge Stephen Haddock. Jurors from the second trial were clearly affected by information contained in the now infamous FBI report. What do you now know about Karen Tipton from that trial?

[Ryan Reynolds]

She had a secret. A secret lie. Whoever killed Mrs. Tipton, and according to our expert, it was a love turned to hate relationship.

[Sherman Powell]

As part of his strategy, Powell played up the allegations of extramarital affairs and the pornography, gay and otherwise, found on the home computer, to the dismay of Karen Tipton's husband.

[Ryan Reynolds]

I'm the pot and porno guy. I'm the multiple affairs. I'm the, you know, wild, crazy sex party, sex swap, wife swapper, king of the sex swapping club. All of these things have been said about me.

[Sherman Powell]

Dr. Tipton testified as he had in the first trial, but some jurors were not impressed.

[Ryan Reynolds]

If that was my wife that got murdered, I would have probably had a different face expression. I just didn't feel like I believed him at all. I know the truth about me and Karen, and I don't need a bunch of rumors and silliness to. To change that. I know the real stuff.

[Sherman Powell]

As the second trial wound down, Sherman Powell smelled victory.

[Ryan Reynolds]

I thought we had some good evidence. I thought there certainly existed reasonable doubt.

[Sherman Powell]

Finally, after six long days, the jury came back into the courtroom.

[Ryan Reynolds]

We tried very, very hard, and we just couldn't do it.

[Sherman Powell]

Their decision was no decision and Judge Haddock declared a mistrial indicator. How do people view Daniel Moore not guilty. Who do they think killed Karen Tipton then?

[Ryan Reynolds]

Some say Dr. Tipton. Some say jealous wife. Some say say boyfriend. Yeah, I mean, I hear everything.

[Sherman Powell]

But co prosecutor Corey Mays says he has no doubt about who killed Karen Tipton.

[Ryan Reynolds]

Every piece of evidence shows Daniel Wademore is guilty. And for us not to come back, for us to give up would be to allow a murderer to go free in this county. And we will not let that happen.

[Sherman Powell]

Daniel Wade Moore will stand trial up third time, although he was allowed to go home after posting bond. But will this case ever come to an end? If there is another trial, do you think Daniel Moore will be convicted?

[Ryan Reynolds]

I don't think he's going to get 12 people to say he's.

[Sherman Powell]

But the state is going to try. Risk is the show where people tell true stories they never thought they'd dare to share.

[Ryan Reynolds]

A podcast all about human connection and radical honesty. All through June for Pride Month, Risk will be featuring the stories of LGBTQ folks from all walks of life.

[Sherman Powell]

You'll laugh, cry, and maybe even end.

[Ryan Reynolds]

Up feeling a little bit better.

[Sherman Powell]

Go get Risk on the Odyssey app or wherever you get your podcasts. Eight years after taking on Daniel Wade Moore's case, Sherman Powell is preparing yet again for trial. The third one. Once again, Moore faces the death penalty in the murder of Karen Tipton. And once again, Powell will do battle with Assistant State Attorney General Don Valeska. Powell can hardly believe it.

[Ryan Reynolds]

Any law firm in Alabama that sent an attorney somewhere to try a case and they were devious with the court and it was adjudicated, they would never go back.

[Sherman Powell]

More disturbing, Powell still believes he's missing evidence.

[Ryan Reynolds]

I will never have all the evidence I'm entitled to. That is a fact. I know it. I know it.

[Sherman Powell]

One of Powell's chief concerns has always been the Tipton home computer. For eight years, he's been trying to find out if there's any evidence on it. Unbelievably, just 72 hours before trial, the information surfaces. Daniel Moore's mother, Virginia Byrd.

[Ryan Reynolds]

The court was told on numerous occasions that there was. There was no copy of the hard drive.

[Sherman Powell]

And when did the FBI produce this copy?

[Ryan Reynolds]

On Thursday, before we started trial on Monday.

[Sherman Powell]

And as it turns out, it's what's missing from the home computer that's critical. Someone with access to the Tipton home deleted files from the computer after Karen's death, but before it was turned over to how do you react to something like that? Suddenly having more evidence come to light at Daniel's third trial?

[Ryan Reynolds]

All we ever wanted was the truth. We'll never get it.

[Sherman Powell]

Despite her frustration, Virginia hopes with all her heart that this time around, her son will be found not guilty. In the year he's been out on bond, Daniel's been living on his own, working at a local electric company and enjoying the support of his community.

[Ryan Reynolds]

People would come up and hug him and shake his hand and tell him they were pulling for him and praying for him. And hundreds and hundreds of people who've come and told him how much they hope that it'll all be over soon.

[Sherman Powell]

How old is Daniel today?

[Ryan Reynolds]

He's 34.

[Sherman Powell]

Almost a third of his life has been. He's been in limbo over these. Over these charges.

[Ryan Reynolds]

Right.

[Sherman Powell]

How do you cope with that? How does he cope with that?

[Ryan Reynolds]

What are the alternatives? You don't really have any choice in the matter. It's not supposed to be this way. You just do the best you can.

[Sherman Powell]

It's hard to believe in a town like Decatur, where Karen's murder and Daniel's trials have been big news. But these jurors on Moore's third trial say they knew little about the case. Had any of you heard that name, knew who he was?

[Ryan Reynolds]

I kind of heard it, but it.

[Sherman Powell]

Didn'T mean nothing to me. Prosecutor Don Valeska methodically lays out the state's case against Daniel Moore. The two hairs found inside the Tipton house. Moore's confession that he was there the day of the murder. His suicide attempt while in police custody. It sounds damning. But then the defense gets its turn. And Sherman Powell makes good use of the new computer evidence, those curious deletions to turn Suspicion back on Dr. Tipton. Were you all concerned about the fact that there were things missing from the home computer?

[Ryan Reynolds]

Yes, that was a big part.

[Sherman Powell]

But isn't it possible that perhaps Dr. Tipton did erase embarrassing things, but still might not have had anything to do with the death of his wife?

[Ryan Reynolds]

What's more important, me being embarrassed or my spouse being murdered?

[Sherman Powell]

Sherman Powell attacks the prosecution's timeline, introducing workmen who were paving the neighbor's driveway the day Karen was killed. They say they saw Dr. Tipton arrive home much earlier than Tipton claimed. Why is that important in this case?

[Ryan Reynolds]

Because he said he didn't get home until 4:30. So if he was home an hour and a half before that and he didn't call the police, I think that would be very significant.

[Sherman Powell]

And when Dr. Tipton testifies as he did in the two previous trials. The jurors listen carefully.

[Ryan Reynolds]

When he took the stand, I was surprised because he spoke with a lot of authority. He looks like a little man, but he came up with a big voice. And I really don't think he was telling the truth when he was on the stand.

[Sherman Powell]

And then there's the troubling FBI report. The reason Daniel was granted a new trial after being found guilty and sentenced to death. It said on there that Karen Tipton had told somebody that she felt like.

[Ryan Reynolds]

She was gonna meet her demise before she turned 40, and she was 39 years old at that time.

[Sherman Powell]

She couldn't have anticipated someone like Daniel Moore, that that had to be something that was going on in her life that she knew about. Yeah. After a month of testimony, it's the jury's turn.

[Ryan Reynolds]

The first thing we done was we prayed. Yeah. All of you. Yes. We just prayed for guidance. We prayed that we would make the right decision.

[Sherman Powell]

The jurors take their time reviewing every single piece of evidence. Then, after seven long days of deliberation.

[Ryan Reynolds]

When we heard that the jury had a decision. My heart was pounding. I looked at Daniel. We held our breath.

[Sherman Powell]

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[Ryan Reynolds]

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[Sherman Powell]

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[Ryan Reynolds]

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[Sherman Powell]

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[Sherman Powell]

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[Sherman Powell]

All new Blink video doorbell with two year battery. Head to toe, HD view and simple setup. Shop now at Amazon.com blink for just $69.99. As the 12 jurors returned to the courtroom for the last time, they feel like the entire town of Decatur, Alabama, is waiting for them to hear the fate of Daniel Wade Moore.

[Ryan Reynolds]

I mean, my heart was pounding. I was. I felt like I was fixing to get shot, you know?

[Sherman Powell]

Will they find Moore guilty of the murder of Karen Tipton and send him back to death row, or will they set him free?

[Ryan Reynolds]

We had two security guards to. And that was, you know, we need this much security.

[Sherman Powell]

Three times now, both the Tipton family and Daniel's mother have gone through this excruciating wait, anxious for the jury to announce its verdict. On all five counts of murder, combined with robbery, kidnapping, and sexual assault.

[Ryan Reynolds]

We had to have five. Not guilty. And on the first one, we held our breath. And on the last one, Daniel looked at me and he just. And it was over.

[Sherman Powell]

Not guilty. It is finally over. Daniel Wade Moore walks out a free man.

[Ryan Reynolds]

Glad it's over. It's kind of like Mr. Powell said. If this wasn't reasonable doubt, then reasonable doubt doesn't exist. And I'm. I'm just glad they came. You know, they found a verdict. It wasn't another hung jury. I'm just glad it's over.

[Sherman Powell]

But for the Tipton family, this saga is far from over. Karen's daughters are now in their teens. If Daniel Way Moore didn't kill their mother, then who did?

[Ryan Reynolds]

It goes unsolved. There's not any justice yet.

[Sherman Powell]

Judge Glenn Thompson, who's also been living with the Tipton case for a long time now.

[Ryan Reynolds]

I pray that before the end of my life on this earth that the killer will be brought to justice and sentenced. But justice is slow. Certainly, it is not justice for Karen Tipton to put an innocent man in jail.

[Sherman Powell]

But not everyone thinks Moore is innocence. Police Chief Ken Collier.

[Ryan Reynolds]

I won't judge this jury. I didn't attend the trial. All I can say is that we were confident that we presented enough evidence to convict who we think and still think is guilty in this crime. And we're just disappointed that the jury didn't feel the same way.

[Sherman Powell]

So is Assistant State Attorney General Don Valeska, who won a guilty verdict in the first trial, only to have it set aside because he withheld evidence from the defense. When the trial was over, the prosecutor said publicly that Daniel Wade Moore was the killer and that you all made a mistake. What was your reaction to the prosecutor saying you were wrong?

[Ryan Reynolds]

Well, they picked us. It wasn't our job to make him guilty.

[Sherman Powell]

It was his job. And so, for Daniel's mother, the 10 years of fear she has felt for her son has turned to anger.

[Ryan Reynolds]

I'm angry for Daniel. I feel like they took 10 years of his life and they can never give that back.

[Sherman Powell]

It's hard, isn't it?

[Ryan Reynolds]

I wasn't going to do this. This is the happy part.

[Sherman Powell]

As for Sherman Powell, well, he's just relieved. His long quest fighting on behalf of Daniel Moore is finally over.

[Ryan Reynolds]

Life is getting back to normal. You know, we're just catching up. Oh, we got plenty.

[Sherman Powell]

The ultimate victim, then, remains Karen Tipton, who can never go home, never watch her children grow up, and whose death now seems destined to remain a mystery.

[Ryan Reynolds]

You know, for no good reason, she died very badly. And the girls have gone a lifetime without their mama. The fact that I can see them alive and happy, stay together and normal, and see parts of Karen and in them means that Karen is still here with us in them if nowhere else. Summer is heating up. The shy is back on paramount. Plus it's the season of the women. This is our chance. It's time to get to work. But the men aren't giving up without a fight. The shy new season now streaming on the paramount with showtime plan. Summer on the south side of Chicago is heating up. You planning revenge on two.

[Sherman Powell]

The chi is back on paramount.

[Ryan Reynolds]

It's the season of the women. Women, this is on chance. It's time to get to work.

[Sherman Powell]

But the men aren't giving up without a fight.

[Ryan Reynolds]

Trees always gonna have a villain. No one is backing down in the showtime original series from emmy award winner lena waithe. Why do black women always have to save the day? If we don't do it, who else will? The shy new season now streaming on the paramount with showtime plan.