DNA found on evidence not (death row) inmate's, attorney says

An attorney for an inmate on Kentucky's death row said yesterday 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 killing and robbery. Moore has said another man framed him.

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."