The man accused in the murder of Aliza Sherman will stand trial after the judge denied his defense team’s motion to dismiss the case.

Cuyahoga County Court of Common Pleas Judge Kira Krivosh ruled in a motion filed Aug. 18 that Gregory Moore’s trial will go on as scheduled Sept. 14 despite attempts by Moore’s attorney, Jon Paul Rion of Rion & Rion, L.P.A., Inc. in Dayton, to have the case thrown out.

“Defendant has failed to show more than speculative prejudice,” Krivosh wrote in the ruling. “Defendant has not shown that any of the now-deceased witnesses would have provided now-unavailable material testimony, nor that actual prejudice has resulted from the loss of technological records, videos and recordings. Defendant’s argument points to the unavailability of this evidence, but does not show how its absence prejudices him.”

Rion filed the motion to dismiss on May 1 to have the case dismissed citing that key people involved had died away since Moore was indicted on May 2, 2025, such as Stanford Sherman, Aliza Sherman’s husband whom she was in the process of divorcing and whom the defense said is “the alternative suspect.”

“Moore’s father, who he spoke with minutes before Sherman was killed in March of 2013, has died,” the motion said. “Moore’s secretary who worked on the Sherman matter, has died. … As a suspect, many facts pointed in the direction of Mr. Sherman as being involved in some capacity in this homicide. The motive to protect his assets is clear. Mr. Sherman dishonestly and in a complex scheme forged the decedent’s signature, hid approximately $1,000,000 and disposed of the funds in a clandestine manner. His tactics were intentional, illegal and sophisticated. Aliza Sherman was scared of him and felt he was dangerous and capable of violence to herself and others. His friend recounts a series of focused inquiries where Mr. Sherman asks how to commit murder.”

Rion also argues there is missing evidence, such as CCTV footage that captured the stabbing and phone records, which would dispute that Moore was the killer. According to the motion filed by Rion, recordings from a security camera in the vicinity of the crime scene were sent to the Cleveland Police Department’s Audio/Visual Analysis Unit, which determined that there was a time skip during the 3:23:50 p.m. and 3:44:22 p.m., when Sherman was killed.

“No efforts were undertaken to retrieve the security cameras with the audio visual jump,” the motion said. “All indications show that the machine malfunctioned. Despite that, CPD’s Audio Visual Analysis Unit opined that ‘it was not possible to determine if the observable time gaps ... were due to technical malfunctions or the intervention of any individual.’ The failure to preserve the security systems has led to rank speculation perpetuated by the State that Moore somehow doctored or edited the videos, which is patently false.”

Rion argued the loss of evidence “prejudiced Moore.”

Prosecutors filed a motion opposing the dismissal on June 3.