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Michael Moore trial: Jurors hear how gun, blood sports were found

Moore charged with killing parents

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New twist in ex-deputy's murder trial

BURLINGTON, Ky. –  A hunch by an evidence technician led to the discovery of the gun that killed Madge and Warren Moore in their home in 2009, prosecutor Linda Tally Smith said Friday.

Jurors got their first look at evidence – including blood spots on the back deck. 

The Moores’ son, Michael, is on trial for the killings, but his attorney dropped a bombshell Thursday when she said Michael Moore didn’t kill his mom – his father did.

Det. Tim Carnahan of the Boone County Sheriff’s Department guessed correctly that the gun was on the roof of the Moores’  home.

After a long night of taking photographs, Carnahan first asked deputies to search the yard, but they found nothing.

"I was trying to go through my mind what may have happened to that weapon in this situation and, I don't know, something just hit me that maybe the weapon was on the roof,” Carnahan testified.

"We just walked to the backyard, shined the flashlight on the roof and saw the backstrap of the gun reflecting the light on the roof."

After finding a 357-magnum revolver, detectives came back to the house the next day and found blood on the back deck near where the gun was found on the roof.

Carnahan said tests determined the blood was human, but whose blood it was has yet to be revealed in court.

A neighbor, Heather Harper, was Friday’s first witness. She said she and her husband were in bed when they heard shots.

"I heard like two popping or snapping noises. I know I referred to it (as sounding like) you close a Rubbermaid container," she said.

The trial is set to resume on Monday and last three weeks.

Since the killings, Michael Moore had claimed an intruder shot his parents and him. But in her opening statements, Moore’s attorney, Joann Lynch, said Moore's  father shot his mother, then Moore shot his father during a struggle.

Lynch said Moore lied to protect his family’s reputation .

Lynch said Moore's parents had been arguing about Madge Moore's OxyContin. Lynch said she would share her pills with Moore's father, who had asked for a pill on the day of the shooting.

She said when Michael Moore left the room, he heard a pop.

A little while later there was a thump.

He found his mother on the kitchen floor.

Lynch said Michael Moore then went looking for his father, and when he found him, he was on the stairs motioning toward his waist.

Lynch claims the two struggled over the gun and Michael Moore's father was killed.  Michael Moore was shot in the groin.

"Michael did try to cover up what happened on June 12, 2009 and we will concede those charges that go to that," Lynch said. "He was afraid for himself - make no mistake about it - because he didn't think anybody would believe him."

Assistant Commonwealth Attorney Jason Holtz told the jury that Moore is a disabled, unemployed leech who was hooked on pain pills and used cocaine.

Moore has been in jail since he was arrested four years ago.

Jay Warren contributed to this story.

Copyright 2013 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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