Fargo rapist argues own appeal before high court

BISMARCK -- A Fargo rapist represented himself at the state Supreme Court Tuesday, calling one justice "sand storm" and at one point addressing the chief justice as "OK, Chief."

Anthony James Moore, 33, is serving 20 years for raping a woman in his Fargo apartment in April 2001. Moore also represented himself during his jury trial in November 2001.

He was brought to the Supreme Court's chambers from the State Penitentiary in an orange prison jumpsuit, leg shackles, belly chain and handcuffs, all of which he was required to wear during the hour-long proceeding.

He told the justices, "I got bamboozled on appeal."

But Justice Carol Kapsner told Moore he jeopardized his own appeal. He filed an appeal and then dismissed it, she said.

"Do you understand they're gone if you dismiss your own appeal?" she asked. "You can't go back."

Moore had also been charged in Fargo with raping a second woman. It was dismissed when the victim could not be found to testify.

The dismissal is a part of Moore's appeal, because the charge was dismissed "without prejudice," meaning the state can revive the charge anytime within seven years.

Moore told the justices the second charge should be dismissed with prejudice, which would bar the state from bringing the charge again.

"That sword still hangs over my head," he said. "I want the charge dismissed, that's the bottom line. It should have been dismissed with prejudice."

Kapsner asked him, "What rule are you relying on that says you have a right to dismissal with prejudice?"

Moore said it should be dismissed because a DNA test linking him to the second rape is inconclusive and "bogus."

But Moore has no right to demand dismissal of a case with prejudice, Cass County State's Attorney Birch Burdick told the court.

Addressing Justice Dale Sandstrom, he strained to make out the jurist's name plate and called him "sand storm" a few times before VandeWalle interrupted and corrected him.

The court took the case under advisement and will later issue a decision.

Readers can reach Forum reporter Janell Cole at (701) 224-0830