Judge turns down post-conviction petition in 2010 robbery, murder

Unjolee Moore makes his way into Judge Don Poole's courtroom in the Hamilton County-Chattanooga Courts Building on Monday, Aug. 13, 2018 in Chattanooga, Tenn. Moore was appealing his 2010 murder conviction.
Unjolee Moore makes his way into Judge Don Poole's courtroom in the Hamilton County-Chattanooga Courts Building on Monday, Aug. 13, 2018 in Chattanooga, Tenn. Moore was appealing his 2010 murder conviction.

A judge Tuesday turned down Unjolee Moore's post-conviction petition seeking a new trial for a 2010 robbery-murder he says he didn't commit.

Moore, 32, testified during a recent hearing that he confessed to helping carry out a fatal robbery at the British Woods Apartments only after being hit and coerced by a Chattanooga police detective during a 13-hour interrogation. In addition to medical reports that showed lacerations around his wrists and some swelling around his eye, Moore and his attorney said prosecutors turned over crucial evidence shortly before trial and didn't have physical evidence to link him to the scene. They argued ineffective trial attorneys never called alibi witnesses or got the trial moved, which helped lead to Moore being convicted of murder, attempted and robbery charges in 2013.

But in a 26-page opinion filed Tuesday, Hamilton County Criminal Court Judge Don Poole ruled Moore's trial lawyers weren't deficient - they spoke with alibi witnesses but ultimately decided against calling them. After reviewing testimony from an Aug. 13 hearing in which five witnesses testified for Moore, Poole also said Moore's current alibi was slightly inconsistent with a previous one. As a result, he said, cellphone records didn't conclusively prove Moore wasn't at the scene of the crime. Poole added prosecutors had booking photos from the night of the alleged coercive interview that didn't show any injuries on Moore.

In his opinion, Poole didn't directly address Moore's testimony about detective Michael Wenger's alleged interview techniques. He just said Moore seemed less credible at his post-conviction hearing than in previous hearings, and that he hadn't mentioned any brutality until recently.

Daniel Murphy, Moore's post-conviction attorney, said Moore's trial attorneys didn't appear to have the medical records that showed the injuries. Murphy added there were communication breakdowns leading up to trial, as well. He said it's unclear if Moore will appeal yet, but that he has the option to ask Poole to reconsider his order.

During the late-night hours on June 28, 2010, Timothy Westfield, Bernard Hughes, Cindy Cross and Myra Collier were in the victim's place at British Woods Apartments when a knock at the door brought Hughes outside. Hughes fought with at least two men, and Westfield came to help but was knocked unconscious. When he came to, Hughes was dead, a .45-caliber slug in his temple and a .38-caliber slug in his chest. Westfield had been shot in the hand.

After Collier mentioned both of their names, investigators began looking into Moore and a man named Steven Ballou. Collier is the niece of retired Chattanooga Assistant Chief of Police Edwin McPherson, who was on the phone with her before, during and after the homicide. Later, McPherson, then a captain, ordered investigators not to collect a cellphone that previously belonged to one of the four men authorities would end up arresting in the case.

Detective Michael Wenger caught up with Moore on July 19, 2010, and ultimately held and interviewed him until the next day. Court records estimate Moore's interview lasted anywhere from four to six hours, but Wenger previously testified that his recording device died, causing only a portion of the interview to be preserved.

"By detective Wenger's own admission, he wouldn't start recording until he thought he was going to get something juicy," Murphy previously told the Times Free Press. "So we have no real idea what happened in the other 13 hours."

Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347. Follow him on Twitter @zackpeterson918.

Upcoming Events