United States v. David Moe Update
April 22, 2013
The defendant, David Moe, through his attorney, filed a notice of disposition today (Monday, April 22, 2013). A notice of disposition is a court filing notifying the court that an agreement has been reached between the prosecution and the defense where the defendant is given an opportunity to plead guilty. The terms and details of the plea agreement are not available publicly until after the change of plea hearing. The court has yet set the change of plea hearing for May 30, 2013 at 2:00 p.m. It is important to note that the defendant can always change his mind and invoke his right to a jury trial, although that does not happen often.
January 3, 2013
U.S. District Court Judge William J. Martinez ordered a trial preparation conference forMay 30, 2013 at 2:00 p.m. He scheduled the trial to begin on June 10, 2013 at 8:00 a.m. If these dates change additional information will be posted here.
December 20, 2012
U.S. District Court Judge William J. Martinez held a status conference today. He will issue a written order granting an unopposed motion by the defense for a 60 day Ends of Justice Continuance for review of forensic evidence. Moe remains in custody.
November 2, 2012
The trial date has been vacated. There is a status conference scheduled for December 20, 2012 before U.S. District Court Judge William J. Martinez.
September 12, 2012
U.S. District Court Judge William J. Martinez granted an unopposed motion by the defense for an Ends of Justice Continuance and rescheduled David Moe's trial date to February 11, 2013 at 8:00 a.m.
August 28, 2012
David Moe appeared in U.S. District Court before U.S. Magistrate Judge Kristen L. Mix. Moe waived formal reading of the charges (the indictment). He was then arraigned, with his attorney entering a pro forma "not guilty" plea on his behalf. It is usual for defendants to enter a plea of not guilty at their arraignments; this gets the court process started. A tentative trial date of October 22, 2012 has been set. It is not uncommon for trial dates, especially the first setting, to be continued or changed to a later date, although in many instances, cases can ultimately be resolved without a trial when defendants choose to plead guilty.
August 24, 2012
David Paul Moe is scheduled to be in court on August 28, 2012 at 2:30 p.m. before U.S. Magistrate Judge Kristen L. Mix for arraignment on the indictment. Magistrate Judge Mix's courtroom is located in the Byron G. Rogers Courthouse in courtroom C204.
August 22, 2012
Click here for an order of recusal issued by Chief U.S. District Court Judge Wiley Y. Daniel
August 22, 2012
Click here for information regarding the indictment of David Moe
August 9, 2012
Click here for Government response regarding Magistrate Judge's order of releasing David Moe with conditions
August 8, 2012
Cllick here for Magistrate Judge's order to release Moe with conditions
MAGISTRATE JUDGE ORDERS DAVID MOE RELEASED ON BOND WITH CONDITIONS
DENVER – U.S. District Court Magistrate Judge Michael Hegarty issued an order late this afternoon releasing David Moe, a former teacher at Paddington Station preschool, with conditions. The government had argued that Moe should be held without bond pending a resolution of his case. The order states that the government will be permitted to advocate for reasonable conditions for release in addition to the minimum conditions mentioned in his order. A decision regarding whether the government will appeal the Magistrate Judge’s ruling will be made in the near future. Those conditions in the order issued by the Magistrate Judge include, at a minimum:
- a property bond for the home where Defendant was living at the time of his arrest, in the full amount of the equity in the home;
- home incarceration (with no permission to leave the dwelling other than for court appearances);
- active GPS monitoring, which shows in real time Defendant’s current location;
- avoiding all contact with any minor children;
- residence at Defendant’s parents’ home and placement in their custody, with them agreeing to (a) supervise the Defendant, (b) use every effort to assure the Defendant’s appearance at all court proceedings, and (c) notify the Court immediately if the Defendant violates a condition of release or is no longer in the custodian’s custody;
- prohibition from Defendant accessing the internet;
- prohibition from the Defendant accessing, possessing, or viewing any pornography, child or adult;
- prohibition from the Defendant subscribing to any internet service;
- requiring that the Defendant and/or his parents shall cancel any internet service and provide verification of cancellation to the Probation Office;
- allowing the Probation Office to monitor access to personal computers or laptops and allowing the Probation Office entrance to his residence for such purpose;
- purging any personal computers or electronic devices of all existing image files containing pornography within 24 hours of release;
- prohibition from use of any encryption software;
- undergoing a mental health evaluation and participating in a program of mental health treatment, as approved by the supervising probation officer.
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Additional information for parents:
http://www.denvercac.org "Resources" Page
http://www.ncmec.org "Resources for Parents and Guardians" Page
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Click here to view the original press release
Click here for the original arrest affidavit
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August 3, 2012
Click here for statement by U.S. Attorney's Office for parents of Paddington Station
August 8, 2012
Regarding the journal discussed during the Moe detention hearing:
If you are inquiring about the journal in the David Moe case, please know that we do understand that this is a very difficult time for you as a parent. If you are seeking specifics regarding the contents of the journal discussed at the detention hearing, please know that because the journal is evidence and is part of an ongoing investigation, the U.S. Attorney's Office nor ICE HSI can discuss the contents of the journal.
With regard to the investigation, law enforcement may determine that interviews of people who may have knowledge of defendant Moe's activities are important to the investigation. In that event, agents will do their best to schedule and conduct those interviews with as little disruption and anxiety for the interviewees and families as possible. Be assured that the investigation is receiving substantial, immediate and thorough attention.
