AJC Continuing Coverage: Death Penalty Case

Death-penalty child murder trial wraps first day in Gwinnett

Stepmom waives opening statement
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April 24, 2019 - Lawrenceville - Tiffany Moss listens to prosecution witnesses. During opening arguments in her death penalty trial, Moss, who is representing herself, declined to make an opening statement, and didn't ask any questions of the morning witnesses. She is accused of starving her 10 year old step daughter to death and trying to burn the body. Bob Andres / bandres@ajc.com
By Bill Rankin
April 24, 2019

A Gwinnett County woman acting as her own lawyer declined to offer an opening statement as her death penalty trial got underway Wednesday. Tiffany Moss also didn't ask a single question of  the five witnesses who testified against her.

The proceedings began with a devastating opening by District Attorney Danny Porter, who told jurors that Moss intentionally starved her 10-year-old stepdaughter Emani to death in the fall of 2013. Then Moss and her husband tried to cover up the death by burning Emani's 32-pound body in a galvanized trash can, he said.

“This is a terrible case,” Porter said. “The facts of this case are difficult.”

» PHOTOSDay One of the Tiffany Moss murder trial

There will be photos of Emani that will make you want to look away, Porter told jurors. “But in order to reach the truth, you can’t flinch. You have to face it.”

Porter described how Tiffany Moss once beat the young girl with a belt, leaving welts all over her body. After Emani Moss died, Tiffany Moss and Emani’s father put her body in a trash can, drove it to a remote area and lit the remains on fire, Porter said. When the body failed to burn to ashes, the couple put the trash can back into their SUV. It remained there for a few days until Eman Moss, the father, called police to report the death.

After Porter finished, Superior Court Judge George Hutchinson told Moss it was her turn. Moss then rose from her seat and declined to give an opening statement, prompting surprised looks by jurors and observers throughout the packed courtroom.

Tiffany Moss arrives in court for the first day of her death penalty trial on April 24, 2019.  Moss, who is representing herself, declined to make an opening statement.
Tiffany Moss arrives in court for the first day of her death penalty trial on April 24, 2019. Moss, who is representing herself, declined to make an opening statement.

After Porter told Hutchinson it is a defendant’s right to reserve an opening statement until the close of the state’s case, the judge asked Moss if she intended to give her opening statement then.

“No, your honor,” Moss said.

Emani Moss, 10, starved to death in the fall of 2013. Her stepmother TIffany Moss faces the death penalty in a trial that began on April 24, 2019. Tiffany Moss has declined legal representation in the trial and is representing herself.
Emani Moss, 10, starved to death in the fall of 2013. Her stepmother TIffany Moss faces the death penalty in a trial that began on April 24, 2019. Tiffany Moss has declined legal representation in the trial and is representing herself.

Moss has refused representation by two capital public defenders, who sit in the courtroom gallery as standby counsel and ready to assist her when needed. In prior court filings, they disclosed that Moss suffers from brain damage. Yet Hutchinson found Moss competent to stand trial and allowed her to represent herself.

About the Author

Bill Rankin has been an AJC reporter for more than 30 years. His father, Jim Rankin, worked as an editor for the newspaper for 26 years, retiring in 1986. Bill has primarily covered the state’s court system, doing all he can do to keep the scales of justice on an even keel. Since 2015, he has been the host of the newspaper’s Breakdown podcast.

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