The murder trial for Allison Moore, 23, Colerain Township, Ohio, that was scheduled to begin March 31 in Ripley Circuit Court, has been continued, according to Ric Hertel, Ripley County prosecutor.
Moore allegedly shot Nancy Hershman, 68, during a struggle with a .40-caliber handgun at her Milan home Dec. 30, 2012.
At a March 28 hearing, Judge Carl Taul decided statements Moore made to police officers could not be used.
According to a document filed March 31 in Ripley Circuit Court, the "defendant seeks to suppress incriminating statements she made in an interview with the Indiana State Police at the Colerain Township Police Department, Cincinnati, Jan. 5, 2013. The basis for the request is that the state did not scrupulously honor her right to remain silent nor provide appropriate Miranda warnings, according to the judge's order granting the motion to suppress.
"The defendant was clearly in custody in this situation and was initially given the Miranda warnings. Defendant clearly exercises her right to remain silent. However, Detective Vance Patton continues to question the defendant. Both (detectives) Patton and Tom Baxter leave the interrogation room and 1st Sgt. Anthony Scott continues to ask questions of the defendant, which questioning ultimately results in the reintroduction of ... Baxter to the interrogation room after only five or six minutes from the time he left.
"Baxter then proceeds to continue discussions with the defendant without giving the Miranda warning," the document stated.
Hertel noted in a news release, "Suppressing her statements prohibits their use at trial by the prosecution.
"Based on the court's ruling and the timing of it, the prosecution asked for a continuance of the trial so a possible appeal could be explored and further evaluation of the case."
The court granted that motion, he reported.
The new date for the trial is July 21.
Diane Raver can be contacted at firstname.lastname@example.org or 812-934-4343, Ext. 114.