Evidence at issue in Moretz capital murder case

Michael James Moretz, the man accused of murdering Joseph Byrd and Michael Hallyburton on Aug. 31, 2025, appeared in Superior Court on Tuesday morning, his first procedural appearance since the state escalated the trial to the capital level.

Moretz sat quietly between Charles Bostian, his first court-appointed attorney on the two murder cases, and Victoria Jayne, the attorney brought on when the trial became capital, as they discussed the preservation of evidence with the Assistant District Attorney Jason Smith.

A capital trial in a murder case means the state believes there were aggravating factors during the crimes, which could allow prosecutors to pursue the death penalty.

Defense counsel said their goal was to ensure that the Burke County Sheriff’s Office turns over the final items in discovery and that all evidence is preserved.

Bostian said he had filed a motion soon after the arrest to preserve evidence when Smith explained that some testing methods can damage evidence.

“I did file, and it was granted, a motion to preserve early in this case,” Bostian said.

Smith clarified that he was not aware of any such testing having been conducted in this case. He added that, in some circumstances, a small piece of evidence — such as a clipping from a shirt — may be removed for testing, a process that can destroy the sample.

Smith also pointed out that a structural fire had damaged the home in which the two victims were found deceased. The family that owned the home opted to demolish the remaining structure to prevent people from entering the property and stealing.

Judge Daniel Kuehnert granted the motions, specifying that any testing that required damaging the evidence must be observed by both prosecution and defense.

Kuehnert also explained to the defense that he knew one of the victims personally and would be recusing himself from the case but felt that he could handle the procedural steps until that point.

In the meantime, the defense said it is going through the evidence with “a fine-toothed comb,” and has not yet received body camera footage or the video interview with Moretz from law enforcement.

Smith confirmed that he would contact the sheriff’s office to turn over all files, and that he and the defense counsel would be meeting with the sheriff’s office in July to review physical evidence.

Kuehnert reiterated that, despite his connection with the victim, Moretz is innocent until proven guilty.

“Putting aside what we think happened, you want to make sure both sides have ample opportunity to review the evidence,” Kuehnert told the lawyers, explaining that if Moretz wasn’t guilty, the ultimate goal is to find the person truly responsible.

Moretz’s next appearance in court will be on Aug. 24.

WHAT THE AUTOPSIES SHOW

Both Byrd and Hallyburton died after suffering multiple gunshot wounds to the head and neck.

While fighting the structure fire consuming the home where the murders occurred, a fireman noticed Hallyburton slumped over in a pick-up truck in the yard, according to the medical examiner’s investigation reports.

Hallyburton’s body lay across the passenger’s seat with two gunshot wounds to the back of his head, and one in his neck.

Inside the home, Byrd’s remains were discovered in the kitchen area. He had also been shot five times in the head and neck.

Investigators were unable to immediately confirm Byrd’s identity because of the extensive injuries caused by the fire.

When a lieutenant recognized the residence as belonging to Byrd, officers obtained dental X-rays, comparing them to the remains to make a positive identification.