A hearing has been scheduled for June in Potter County Court on the 2021 pretrial motion of Kyle Moore, accused with two others of torturing and murdering Joshua Ramos in 2020.
Moore, 31, of Galeton, has been incarcerated without bail since his arrest in July 2020 on charges of murder of the first, second and third degrees; conspiracy to commit murder; kidnapping; and tampering with evidence. Also facing the same charges are Felicia Cary, 36, of Galeton, and Krysten Crosby, 24, of Tioga.
The death penalty is being sought in all three cases.
Hearings on the motion have been scheduled, continued or rescheduled 14 times, according to online court dockets. The current date for a hearing is 9 a.m. June 3.
The motion, penned by attorney Edward Rymsza of Williamsport, asked for the suppression of incriminating statements, physical evidence, prison calls, and video and photos. He also asked for the right to individually question jurors, and to have a supplemental juror questionnaire. The motion also challenged the legality of the death penalty.
The suppression argument began with an overview of the allegations in the case, saying that a witness went to Coudersport-based state police on July 5, 2020, saying “he had information regarding the murder of Mr. Ramos.”
The motion went on to describe an assault in March 2020 in Galeton in which Ramos was being struck by Cary, Crosby and another person, with Moore joining in about 20 to 30 minutes after the assault began, and continuing for about an hour. After the assault, Ramos was “standing and walking on his own,” the motion read.
Cary suggested to the group that they drive Ramos out of town, and the witness who spoke to state police chose a remote, wooded area of Potter County, according to the motion. Eventually, Ramos was taken from the van into the woods by Cary, Crosby and Moore, with Crosby returning to the van once to get jumper cables.
When Crosby returned to the van, she allegedly told the witness, “He’s done.” When Moore and Cary returned to the van, they told the witness they released Ramos in the woods. However, once back at the Galeton residence, the witness overheard the three talking about Ramos being choked and left in a shallow grave, the motion stated.
On July 5, 2020, the witness took police to the scene. The next day, the body of Ramos was found. On July 6, 2020, Cary and Crosby were arrested. On July 7, Moore was arrested in New York state where he was working.
During Moore’s transport to the state police barracks in Coudersport, police read Moore his rights — known as the Miranda rights — and talked to him without him waiving his rights. Police said they were taking him to the barracks to “tell his side of the story” and it would “be beneficial to him,” the motion read.
Moore asked about a lawyer, and asked for a lawyer to be present to advise him, the motion stated. He then asked troopers if he should have a lawyer, to which a trooper said, “I can’t give you legal advice.”
The motion stated that Moore made incriminating statements during the trip to the barracks. Once there, he was taken into an interrogation room and read his rights, at which time he asked about an attorney and if one could be there with him. A trooper responded, “I don’t know that, just to be a hundred percent honest with ya,” the motion stated. Another trooper said it depended on the circumstances. Moore signed a waiver of his rights, and said he was scared and said “it seems like the truth won’t matter.” In response, a trooper said, “The truth will set you free.”
Moore was interrogated for the next 3 ½ hours, and made incriminating statements, the motion read. After that, he was taken for arraignment.
All of his statements were obtained in violation of his rights and must be suppressed, the attorney wrote.
Next, the attorney challenged the warrant for Moore’s phone, saying the warrant was overbroad and had no information that the phone was used in or contained evidence of a crime, the motion read.
Regarding the prison calls, Rymsza wrote that all of the prison calls were recorded, and Moore was never advised, and did not consent to them being turned over to the prosecution. “By combing through the telephone calls, the prosecution is able to obtain information about a defendant’s defense strategy, potential witnesses and decision-making, outside the presence of counsel,” the motion stated.
He also challenged videos and photos of the crime scene and of Ramos’s body, saying they “would only serve to inflame the passions of the jury and cause him undue prejudice.”
The case is being prosecuted by District Attorney Andy Watson. Because it is a death penalty case, two attorneys were appointed to represent Moore, Rymsza and Thomas Walrath Jr.
The homicide cases against Cary and Crosby are being tried together; a trial date has yet to be set.
