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Magistrate Judge orders David Moe released on bond with conditions

August 8, 2012

DENVER – This afternoon 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:

(1) 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;

(2) home incarceration (with no permission to leave the dwelling other than for court appearances);

(3) active GPS monitoring, which shows in real time Defendant’s current location;

(4) avoiding all contact with any minor children;

(5) 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;

(6) prohibition from Defendant accessing the internet;

(7) prohibition from the Defendant accessing, possessing, or viewing any pornography, child or adult;

(8) prohibition from the Defendant subscribing to any internet service;

(9) requiring that the Defendant and/or his parents shall cancel any internet service and provide verification of cancellation to the Probation Office;

(10) allowing the Probation Office to monitor access to personal computers or laptops and allowing the Probation Office entrance to his residence for such purpose;

(11) purging any personal computers or electronic devices of all existing image files containing pornography within 24 hours of release;

(12) prohibition from use of any encryption software;

(13) 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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