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NewsJanuary 23, 2003

Sexual misconduct charges were dismissed Wednesday against Delta alderman Roger Moore. "The system worked," said defense attorney James Hahn. Moore had been scheduled to appear Wednesday at a bench trial presided over by Associate Circuit Judge Gary Kamp...

Sexual misconduct charges were dismissed Wednesday against Delta alderman Roger Moore.

"The system worked," said defense attorney James Hahn.

Moore had been scheduled to appear Wednesday at a bench trial presided over by Associate Circuit Judge Gary Kamp.

However, that trial was canceled after prosecutors reviewed the results of a three-hour polygraph test Moore recently underwent. The test was administered by polygraph expert Donnie Smith, formerly with the Missouri State Highway Patrol, Hahn said.

"Mr. Smith provided us with a written report afterward that said my client was completely truthful on all of the questions provided by both the prosecutor and myself," Hahn said.

Cape Girardeau County Prosecuting Attorney Morley Swingle issued a news release about the dismissal.

Created a doubt

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"While polygraph tests are not admissible in court because they are not always reliable, the results of this test created enough of a doubt as to whether this incident happened that our office no longer felt comfortable pursuing the charges," Swingle said.

Moore, 39, had been accused in October of touching the genitals of an 18-year-old mentally retarded man without his consent.

However, in subsequent interviews with investigators, the young man provided variations on his story, Hahn said.

The defense attorney called the handling of the case by Swingle's office and the sheriff's department's investigator Rhonda Westrich both fair and professional at all times.

Despite being relieved that the charge was dismissed, Hahn said Moore's reputation and well-being may be forever damaged.

"His emotional tank is pretty much empty," Hahn said.

mwells@semissourian.com

335-6611, extension 160

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