The 36-year-old did nothing to defend herself in either the guilt-innocence or sentencing phases of the trial. She didn't prepare for trial. She never once addressed the jury. She presented no evidence. And she asked no questions to any of the state's witnesses.
While Moss remained silent, prosecutors depicted a devastating portrait of a woman who kept the young girl with an infectious smile confined to her room and denied her food until she wasted away.
All the while, Moss fed and cared for her own two children who lived with Emani in an apartment complex near Lawrenceville.
“There’s no joy when a jury imposes a death sentence,” District Attorney Danny Porter said after court adjourned. “But this was one of the worst cases I’ve ever seen. The first time you look at it it made you sick. The last time you look at it it makes you sick.”
» PHOTOS | Tiffany Moss shows no emotion to receiving death sentence
» PHOTOS | Tiffany Moss found guilty of murder
As for Moss's decision to represent herself and do nothing in her own defense, Porter noted that jurors notified the court they were at an "impasse" before they were sent home late Monday afternoon.
“At first and all last night,” Porter said, “I thought she had outsmarted us.” Maybe Moss had come up with a “brilliant strategy” to make jurors think she was unfairly undermatched as two prosecutors laid out the case against her, Porter said.
“The only other rational explanation is that she was resigned to whatever was going to happen,” he added. “She was going to let someone else inflict (her punishment).”
April 30, 2019 - Lawrenceville - Emily Gilbert (left) and Brad Gardner, state capital public defenders and standby council for Tiffany Moss, react to the verdict. The jury in the Tiffany Moss murder trial today sentenced her to death after they found Moss, who is representing herself, guilty of intentionally starving her 10-year-old stepdaughter Emani to death in the fall of 2013, in addition to other charges. The prosecution is asking for the death penalty. Bob Andres / firstname.lastname@example.org
Credit: Bob Andres
Credit: Bob Andres
On Monday, when he asked the jury to sentence Moss to death, Porter recounted testimony from a medical examiner who described the stages of Emani’s suffering while she was denied nourishment week after week after week.
“There are some crimes that are so horrible, so heinous, the only balance you can pay is with your life,” he told the jury. “Justice demands the proper payment.”
More than a year ago, Moss decided to go it alone, saying she was putting her fate in God's hands. She turned down representation from state capital defenders Brad Gardner and Emily Gilbert, who had been assigned her case.
Emani Moss, 10, was starved to death. Her parents were arrested and charged with murder, concealing a body, and child cruelty after police say they had starved her to death then set her body on fire to cover up the crime.
Superior Court Judge George Hutchinson allowed Moss to be her own lawyer, but he appointed Gardner and Gilbert to be “standby counsel” and they sat in the courtroom gallery behind Moss, ready to assist her when called upon.
In prior court motions, the defenders disclosed that Moss had suffered brain damage. The details of this were presented to Hutchinson in a hearing closed to the prosecution and to the public, and the records of it remain under seal.
During the trial, when it became apparent Moss was going to put up no defense, Gardner and Gilbert asked Hutchinson to let them be Moss's lawyers once again. But Hutchinson refused, after Moss told him she wanted to continue representing herself.
As the death sentence was read, Gilbert broke down sobbing in the courtroom.
When asked for her thoughts on what had transpired, Gilbert said, “I think this ridiculous spectacle speaks for itself.”
Gardner said his office will file Moss’s appeal, and he believed, based on a conversation he had with Moss in a holding cell after the trial, she will allow that to happen. In fact, the capital defender office's appellate lawyers filed a motion for a new trial on Moss’s behalf just hours after the final verdict.
Under Georgia law, once someone is sentenced to death, there is an automatic appeal to the Georgia Supreme Court. Even if the condemned killer doesn’t want legal representation and files no appeal, the state’s high court will still review the record of the case and issue an opinion, Porter said.
April 26, 2019 - Lawrenceville - District Attorney Danny Porter watches as assistant district attorney Lisa Jones presents autopsy photos to the jury. The prosecution continued it's case in the third day of the Tiffany Moss murder trial. Moss, who is representing herself, is accused of intentionally starving her 10-year-old stepdaughter Emani to death in the fall of 2013. Bob Andres / email@example.com
Credit: Bob Andres
Credit: Bob Andres
Atlanta lawyer Ken Driggs, who has defended capital cases, sat through most of the trial to witness the oddity of Moss representing herself.
“Given the way the trial played out, I wasn’t surprised,” Driggs said of the jury’s verdict. “I was struck by the complete and apparent lack of emotion on her part with the sentence. That strikes me as consistent with a mental health issue going on with her.”
The last time a death-penalty defendant in Georgia represented himself was in 2015. Jamie Hood, serving as his own lawyer, was convicted of the murder of an Athens-Clarke County police officer and other offenses.
But Hood, who played an active role in his defense, escaped the death penalty when the jury sentenced him to life in prison without the possibility of parole.
The last time a death sentence was handed down by a Georgia jury was March 2014 in Augusta against Adrian Hargrove, who committed a triple murder.
Chief Assistant District Attorney Lisa Jones, who assisted Porter in bringing the case against Moss, was asked what she thought about a death sentence being imposed at a time when it’s become such a rare occurrence in Georgia and nationwide.
“I would say we were a little bit surprised,” she said. “But if there was ever a case for that being the appropriate sentence, this was the one.”