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  1. #1
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    Oct 2010

    Tiffany Nicole Moss - Georgia Death Row

    Emani Moss, 10, pictured here as a toddler.

    Tiffany Moss

    Parents of 10-year-old Emani Moss indicted on murder charges

    By Tyler Estep
    The Gwinnett Daily Post

    LAWRENCEVILLE A Gwinnett County grand jury has indicted the parents of Emani Moss, the 10-year-old Lawrenceville girl believed starved to death and burned in a trash can.

    Father Eman Giovanni Moss and stepmother Tiffany Nicole Moss were indicted Wednesday on six counts apiece: murder, concealing the death of another, and two counts each of felony murder and first-degree cruelty to children. The move marks the next step in the legal process for the couple that was arrested shortly after Eman Moss called Gwinnett County police on Nov. 2.

    Authorities believe Emani Moss, who weighed just 32 pounds at the time of her death, was kept hidden inside her familys home at the Veranda Chase Apartments. Testimony from previous court hearings alleges that Eman Moss came home on Oct. 24 and found his daughter seizing up in the bathtub.

    Eman and Tiffany Moss, who had been watching Emani and two other children that day, reportedly left Emani in the tub for several days. The couple realized the girl had died about six days later and attempted to dispose of her body by burning it in a trash can, police have said.

    Wednesdays indictments said that the couple caused Emani cruel and excessive physical and mental pain by withholding necessary sustenance to sustain human life. The 10-year-old got neither food nor water, documents said.

    Gwinnett County District Attorney Danny Porter is considering pursuing the death penalty for the Mosses. He did not return messages left Wednesday.

    Felony murder is different from a traditional murder charge in that it is based on a death occurring during the commission of a felony. Both of the felony murder charges lodged against the Mosses are predicated on counts of child cruelty.

    The couple was denied bond last week and remains incarcerated at the Gwinnett County jail.


  2. #2
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    Prosecutors to seek death penalty for parents who starved 10-year-old girl

    By Marcus K. Garner
    The Atlanta Journal-Constitution

    The parents of 10-year-old Emani Moss starved her to death before burning her body, and deserve to die, prosecutors say.

    “The facts of this case constitute torture of the victim, and therefore deserves the death penalty,” Gwinnett County District Attorney Danny Porter, who is seeking a death sentence for Emani’s father and stepmother, told The Atlanta Journal-Constitution exclusively Thursday.

    Emani weighed only 32 pounds when her charred and emaciated body was found in November in a trash canister outside the Gwinnett apartment where she lived with her father, Eman Moss, and her stepmother, Tiffany Moss.

    It was a tragic climax to a pattern of abuse that court records show the state’s child welfare agency had overlooked.

    This is the first time that Porter has asked for capital punishment for a married couple.


  3. #3
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    Oct 2010
    Emani's grandmother conflicted over death penalty

    Ten-year-old Emani Moss' short life was full of abuse and cruelty. She was starved to death, then her body was burned and thrown away like trash by her father and stepmother. Now, Emani's grandmother is pleading for her son's life to be spared.

    "He was responsible for her life. He was responsible for her safety," Emani's grandmother Robin Moss said.

    Robin Moss is torn between her desire for justice for her granddaughter Emani and her desire to spare her son the death penalty.

    "I don't want any more death - if possible," she said. "I know that they have to be punished, but I don't want to have to bury my son."

    Robin Moss is speaking publicly for the first time about the decision by Gwinnett County District Attorney Danny Porter to seek the death penalty in her granddaughter's death. Prosecutors said last November, Emani's father and stepmother, Eman and Tiffany Moss starved the 10-year-old, then burned her body and threw it in a trash can.

    "What would be justice for Emani?" asked 11Alive's Devin Fehely.

    "Give them life," Robin said. "Never let them out."

    Prosecutors say death by starvation is tantamount to torture, and that her parents should face the ultimate punishment. Robin says she continues to mourn a granddaughter who died tragically and much too soon.

    "I miss her face. I miss the way she used to talk to me," Robin said. "When she talked to me, she used to hold my face and talk to me head-to-head."

    Porter has only sought the death penalty 12 times in two decades. Often, the DA will take into consideration the wishes of the victim's family. But in this case, the DA says he believes this is the appropriate punishment for a horrible crime.

    RELATED STORIES * Full coverage of Georgia's DFCS
    * Grand jury indicts parents of Emani Moss
    * Emani Moss laid to rest
    * DA seeks death penalty in Emani Moss case
    * Father, stepmother of Emani Moss appear in court
    * Police: 10 year-old girl died of starvation
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #4
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    Judge: Grandmother ‘turned blind eye to suffering, death’ of Emani Moss

    Both grandmothers denied custody of siblings of Gwinnett 10-year-old starved to death

    Neither grandmother of a Gwinnett County 10-year-old starved to death will be able to take home the girl’s younger siblings, according to reports.

    But a Gwinnett County judge chastised one of the grandmothers, Pearlie Bashir, who is the mother of the stepmother of Emani Moss, for not acting to save Emani from alleged abuse that ultimately killed the child.

    “It is unfathomable to the Court that Ms. Bashir could not have known that Emani M. was being abused and mistreated at some point between 2010 and October 2013,” Gwinnett Juvenile Court Judge Robert L. Waller said in an order file in December and obtained by Channel 2 Action News.

    “At best, Ms. Bashir turned a blind eye to the suffering and, ultimately, to the death of a child who had been living in her home off and on for over three years.”

    Tiffany Moss, Bashir’s daughter, and Emani’s father, Eman Moss, are facing the death penalty for allegedly fatally neglecting and starving the girl. Prosecutors said Eman and Tiffany Moss then tried to conceal the death by burning the girl’s body.

    Officials with the state Division of Family and Children Services took custody of the surviving Moss children after police found Emani’s charred body in a garbage disposal in October and charged the parents with murder.

    Waller acknowledged that while Eman Moss’ mother, Robin Moss, wasn’t currently fit to have custody of the children, he didn’t completely eliminate her hopes of being a custodian to Emani’s siblings.

    “The paternal grandmother, Ms. Moss does not have stable employment or stable housing,” he wrote in his decision, noting that Robin Moss had reported concerns about Emani’s extreme weight loss, but was kept from the younger children.

    “She has (through no fault of her own) no relationship with the children. While the court does not believe that she should be permanently ruled out as a custodian of the children, it would not be in the children’s best interest to be placed in her custody at present.”

    Both grandmothers sought custody of the children after the parents were arrested and charged.

    Relatives have said Robin Moss was very close to Emani.

    Waller said Bashir should have had some idea what was going on with Emani through the last years of the girl’s life as the family endured Tiffany Moss’ arrest and probation for abusing Emani and family counseling … often in Bashir’s home.

    “Ms. Bashir … saw Emani M. a few weeks before her death and looked the other way,” Waller wrote. “She cannot be depended upon to protect children living in her home.”

    Bashir has appealed the decision, according to AM 750 and 95.5 FM WSB News/Talk Radio.

    A court-appointed guardian has recommended that the two children be put up for adoption and state officials have petitioned to have parental rights removed from Tiffany and Eman Moss, according to court records.

    The children will remain in the custody of DFCS officials.

    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #5
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    Gwinnett DA to seek death penalty in Moss murder

    The parents of a Lawrenceville girl whose burned body was found in a trash can last November learned Friday they could face the death penalty if convicted of her murder.

    Gwinnett County District Attorney Danny Porter informed the courts he plans to seek the death penalty against Eman Moss, the child's father, and Tiffany Moss, Eman's wife and the child's stepmother. Porter had indicated earlier in the year that he had plans to seek the death penalty - he made the formal request Friday.

    "The murder was committed in a way that was wanton, vile and inhumane and involves depravity of the mind," Porter said in an interview with Atlanta's Fox 5.

    The 10-year-old girl's body was discovered in the trash can outside the apartment complex where she lived with her parents. Police reports indicated she had been starved before her body was discarded. Emani Moss weighed just 32 pounds at the time of her death, according to police.

    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  6. #6
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    Parents Emani Moss plead not guilty to her murder

    The father and step-mother of a 10-year-old Gwinnett County girl who died of starvation enter pleas of not guilty in the case.

    Both Emon and Tiffany Moss face the death penalty for the murder of little Emani Moss.

    Police says the two starved the girl to death and then placed her body in a trashcan and tried to set it on fire.

    The paternal grandmother of the child, Robin Moss, sat in the courtroom as the pleas were entered and says shes torn by emotion. She raised her granddaughter until she was age 7 when Emon and his then new wife Tiffany took custody away.

    Im not OK with what they have done, but thats still my son and I love my son, she tells WSBs Sandra Parrish.

    She says she has written to Emon Moss in jail and says her heart is open to forgive them both.

    More than 100 motions are expected to be filed by defense attorneys in the case. The actual trial could begin next spring.

    Meantime, a parental termination hearing is set to begin late next week in Gwinnett County Juvenile Court for Emanis younger half-siblings.

    Both grandmothers have been told by a judge that neither will get custody, but Robin Moss is hopeful some of her other family members will.

    Even if someone in my family gets them, I can still get to see them and get to love on them a little bit, she says.

    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #7
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    Dad pleads guilty in death of Emani Moss

    The father of a 10-year-old girl whose charred, emaciated body was found stuffed in a Gwinnett County trash can in 2013 pleaded guilty Monday to felony murder in the death of Emani Moss.

    Mr. Moss loves his daughter, Christian Lamar, the attorney for Eman Moss, told FOX 5 Atlanta. After discussing the strength of the case against him, and also just what was the best thing that he wanted to do, this is where we came out.

    As part of the deal, Eman Moss agreed to testify against his wife, Tiffany Moss, who is also charged in the case.

    The couple, who last year entered not guilty pleas, previously faced the death penalty. Because of Mondays guilty plea, Gwinnett County District Attorney Danny Porter recommended a sentence of life without the possibility of parole for Eman Moss. That could change or be reduced depending on how Eman Moss cooperates with investigators, according to FOX 5 Atlanta.

    Porter said he wants to know what happened to Emani, who weighed 32 pounds at the time of her death.

    There are a number of details involved in the case, particularly in some of the conversations that had to have been had between him and the co-defendant, Porter told the news station. Were looking at sort of a more detailed account of the sequence of events immediately following Emanis death. Who did the planning? Who prepared for the disposal of the body?

    The guilty plea came 19 months after police discovered Emanis body stuffed in the trash can outside her Gwinnett apartment on Nov. 2, 2013. Police said she was starved to death, denied food since Oct. 24.

    The case brought renewed scrutiny to Georgias child welfare system. The state fired two employees and punished four others, finding that employees and supervisors with the Division of Family and Children Services failed to assess the risks to the child or to properly review the familys troubled history.

    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #8
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    Georgia dad gets life without parole for starving 10-year-old daughter to death, burning body

    A Georgia man who starved his daughter to death and then burned her body has been sentenced to life behind bars without parole.

    Eman Moss, whose 10-year-old daughter, Emani Moss, was found dead in a Gwinnett County trash can in 2013 after he called 911 in distress, learned his dark fate Friday.

    "My baby girl, my diamond in the sky, daddy is so, so sorry," he read from a prepared statement between tears. "Daddy made a terrible mistake and he is very sorry, from the bottom of my heart."

    Prosecutors offered Moss, 30, a plea deal to spare him from facing the death penalty after they pegged his wife, Tiffany Moss, as an evil stepmother who drove Emani's years of abuse and eventual death. The deal will require him to testify against his wife.

    When the child's body was found on Nov. 2, 2013, she weighed just 32 pounds. An autopsy found that she hadn't eaten in several days.

    A little more than three years earlier, the little girl had showed up to school with bruises and welts and told a nurse she was afraid to go home, according to a police report.

    Tiffany Moss admitted to hitting the girl with a belt and was arrested on a child-cruelty charge before ordered to serve five years' probation.

    In July 2012, Emani then tried running away from home, another police report showed.

    Her grandmother later told local reporters that she had tried to persuade state authorities to grant her custody of the child but it was denied.

    The shocking lapse in judgement by the state's Division of Family and Children Services led to two employees being fired and four others disciplined, the Atlanta Journal Constitution reported.

    They were found having knowledge of the extensive history of abuse at the home. Still, they failed to remove the child from her home.

    Tiffany Moss' trial remains underway. Prosecutors have said that they will not be offering her a plea deal.

    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  9. #9
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    Mistake in Gwinnett jury selection process leads to re-indictment of suspects in two death penalty cases

    By Isabel Hughes
    The Gwinnett Daily Post

    A Gwinnett County woman who is facing the death penalty for allegedly starving her daughter to death was re-indicted by a grand jury on Wednesday as a preemptive measure to correct a brief mistake Gwinnett officials made several years ago in the choosing of grand juries.

    Tiffany Moss was first indicted in January 2014 on six total counts — two counts of felony murder and two counts of first-degree cruelty to children, one count of murder and one count of concealing the death of another — and re-indicted on the same charges on Wednesday.

    The recent indictment comes in light of a short-lived, little-known Georgia Supreme Court ruling on how juries are to be chosen, which Gwinnett County officials were unaware had been changed until recently, said Gwinnett County District Attorney Danny Porter.

    “When we were looking at the Robert Bell case, which is a death penalty case, there was a pending challenge to the grand jury that indicted him,” Porter said. “When we looked at the way grand jury was chosen back in 2013 and 2014, we found that there was a possibility that there was an irregularity, so rather than take risk, we re-indicted Bell and re-indicted Tiffany Moss.”

    That irregularity came from a 2010 Georgia Supreme Court rule that dictated how juries were to be chosen, which Gwinnett officials had been following when choosing from jury lists.

    But in 2013, a new rule on how juries were comprised was created, which Porter said the county didn’t know about.

    “In 2010, the Supreme Court ruled that counties would be provided a jury list of which to create panel,” Porter said. “In 2013, a new rule was proposed that said you have to use the exact list that is provided and you can’t make any changes. There was a window of time when (that rule stood) but about a year later, it was changed again.”

    Gwinnett County officials had been making changes to the list, though they were nothing substantial, Porter said. All they did was review the the lists and remove duplicate names and names of deceased residents.

    “For example, if I were on there as Daniel Porter and Daniel J. Porter, one of those (names) would be removed,” Porter said. “The rule said, though, we can’t make any changes, so while I could legally could argue and probably succeed in saying that this had no impact, with death penalty cases, it’s not worth trying to argue, so we just re-indicted Moss.”

    Porter said that about 1,000 cases would have been heard during this time, but given that almost all have been disposed of, there won’t be any big fallout.

    “No cases have been or will be dismissed and other than re-indicting the Bell and Moss cases, there has, so far, been no effect (on cases) and there’s no anticipated effect,” he said. “The re-indictments were just a precaution — why pick a fight I don’t have to have?”

    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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  10. #10
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Apr 2014
    Stepmom says it's 'God's will' to represent herself in death-penalty case

    By Bill Rankin
    The Atlanta Journal-Constitution

    GWINNETT COUNTY, Ga. - Tiffany Moss faces a death-penalty prosecution for allegedly starving her stepdaughter to death, and she’s facing it alone.

    Against the advice of practically everyone associated with her case, Moss, saying it’s God’s will, announced plans to represent herself when she goes on trial for murder in Gwinnett County.

    The move is so unusual that the judge recently decided to delay the trial until the state’s highest court can review his decision to allow Moss to be her own lawyer.

    Even Gwinnett’s longtime district attorney, Danny Porter, a strong advocate of capital punishment, is at peace with the Supreme Court review.

    “There’s definitely a level of discomfort on my side about this,” Porter said. “We don’t have any issue with the Supreme Court validating the judge’s decision.”

    Moss is not preparing her defense in any conventional sense – researching the law, filing motions, reviewing evidence and the like. At a recent court hearing, she said she is readying herself “in a more spiritual way than, you know, a physical way.”

    Moss is accused of starving 10-year-old Emani Moss to death and then burning her body in 2013. Emani weighed only 32 pounds when her body was found in a dumpster outside the apartment where she lived with her father, Eman Moss, and her stepmother.

    As the 35-year-old Moss awaited trial, she decided to rely on divine guidance from above rather than the guiding hand of legal counsel. Moss turned down the assistance of lawyers from the state capital defender’s office, which has not had a client sentenced to death in more than four years.

    Capital defendants representing themselves are not unheard of in Georgia. In 2015, Jamie Hood, serving as his own lawyer, was convicted of the murder of an Athens-Clarke County police officer. But the jury declined to impose a death sentence, and Hood was sentenced to life in prison without the possibility of parole.

    In that case, Hood actively defended himself, Porter said. Conversely, Moss is extremely passive about her defense, he said.

    “Sometimes it’s like looking at a blank wall,” the DA said.

    After Moss chose to represent herself, the state sought to admit hearsay testimony from Moss’s son at trial. At a hearing, Moss asked Superior Court Judge George Hutchinson III not to allow it. This prompted the judge to ask her to give him a legal basis for her objection.

    “Legal basis,” Moss said. “I don’t know.”

    The right to legal counsel is part of the bedrock of the U.S. justice system. But the right to represent oneself is equally sacrosanct, said Atlanta defense attorney Don Samuel, who’s authored books on criminal case law. Before it’s allowed, however, a judge must determine if the defendant is competent enough to understand and participate in the court proceedings.

    “Anyone would say it’s a terrible decision, the one she’s making,” Samuel said. “If she gets up there and says, ‘I’m leaving it up to God,’ I guess there could be come jurors who might think she doesn’t deserve to die. But as a lawyer, my response is that she could be walking herself into a death sentence.”

    Moss was initially provided two lawyers from the state public defender’s system. But last November, she notified the court she wanted to represent herself.

    Hutchinson, after quickly convening a hearing, asked her why. The capital defenders, Moss said, were recommending that she accept the prosecution’s offer to plead guilty in exchange for a sentence of life in prison without parole.

    “I had already expressed that I did not wish to (plead guilty), which led me to further come to the conclusion that it would be in my best interest to represent myself,” she explained.

    Prosecutors had also sought the death penalty against Moss’s husband. But Eman Moss pleaded guilty to his role in Emani’s death. After agreeing to testify against his wife, Eman Moss received a sentence of life without parole.

    Tiffany Moss’s trial had been scheduled to begin July 23. But during recent court hearings, Moss admitted that she has neither visited the jail’s law library nor looked through the five boxes of discovery documents turned over to her by the prosecution. And she acknowledged missing the deadline to submit a list of witnesses or experts she plans to call in her defense.

    After hearing this, Hutchinson decided to give the state Supreme Court a chance to weigh in on the unusual proceeding.

    The state high court is being asked to consider: Did Hutchinson make a mistake when he decided Moss knowingly, intelligently and voluntarily waived her right to counsel and is able to represent herself? Also, did the judge rely on an inadequate evaluation of Moss conducted by state behavioral psychologists when arriving at that decision?

    Hutchinson has allowed capital defenders Brad Gardner and Emily Gilbert to stay on the case as “standby counsel,” meaning they can assist Moss with her defense if she asks for help. They are also pursuing the pretrial appeal.

    At hearings, Hutchinson has repeatedly warned Moss about the perils of representing herself.

    Last month, he told her he hired a lawyer for his daughter when she received a traffic ticket a few years ago. Even in such an “arguably trivial matter,” it was important for his daughter to have counsel.

    Hutchinson then told Moss, “They are seeking to have you executed, and I can’t be more blunt than to say they are trying to have you killed. That’s just as serious as it can possibly get and I think it’s best that you have an attorney.”

    Will you reconsider your decision? the judge asked.

    “I’m confident in my decision and I’m standing by it,” she said. “I do wish to represent myself.”

    Hutchinson, a former prosecutor, then tried to make sure Moss had all the resources she needed.

    “Is there anything you need from the court — any additional orders or efforts on my part that would assist you in your preparation for trial?” he asked.

    “Pencils,” Moss replied.

    “You need pencils?” the incredulous judge asked.

    “I need pencils, yes,” Moss said.

    Hutchinson said he doubted the sheriff’s office wants any of its inmates at the jail to have sharp objects. But he said he’d make sure some writing instruments were made available to her.

    “Anything else?” he asked one last time.

    “That’s all I can think of right now, your honor,” she said.

    In the Shadow of Your Wings
    1 A Prayer of David. Hear a just cause, O Lord; attend to my cry! Give ear to my prayer from lips free of deceit!

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