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Moore dismissed of charges relating to death of Brian Drake

by Hagadone News Network
| May 12, 2021 2:45 PM

BONNERS FERRY — Daniel Moore’s attorney, Katherine Bolton, requested a motion to dismiss Brian Drake’s murder case approved by District Judge Barbara Buchanan on May 12, 2021.

In an earlier April hearing, a request to reconsider the suppression of evidence in Brian Drake’s murder case was denied, allowing Bolton to request the dismissal against her client, Daniel Moore, for lack of probable cause.

Moore was initially charged with second-degree murder and the use of a deadly weapon in the commission of a felony in connection with the fatal shooting of Drake on March 12, 2020.

The trial was set to begin April 12 but was rescheduled due to the trial being moved to Kootenai County. An initial jury trial date was supposed to start Sept. 7, 2021.

After consulting with both parties about scheduling the jury trial, it became apparent that Buchanan had no interest in the input from the representing parties, which showed concerns over the dates.

Boundary County Chief Deputy Prosecutor Tevis Hull had asked the court on Feb. 26 to reconsider suppression of Moore’s confession, arguing it was voluntary and not the product of coercion.

Prosecutors had also asked the court to use the alleged confession for impeachment purposes in the trial. However, court officials denied both requests.

“The Court affirms its finding that the defendant’s alleged confession was involuntary and the product of police coercion,” the ruling states.

The length of Moore’s detention and the “repeated and prolonged nature of his questioning by assistant police chief Marty Ryan” were determining factors in the decision to uphold the suppression of evidence.

The court stated it considered additional findings such as Miranda warnings, Moore’s age, education level, and whether Moore was deprived of food or sleep during his questioning in its decision.

“Considering the totality of the circumstances, this court finds that Moore’s will was overborne by the badgering and overreaching of police such that his waiver of his Miranda right to counsel was not made knowingly, voluntarily, and intelligently,” the ruling states.

The decision found the confession was a product of police coercion and also was involuntary, determining that Moore was in police custody from the start of his interview with Idaho State Police.

The court also found the state’s request to use the alleged confession would violate Moore’s constitutional rights. “The Fifth and the Fourteenth Amendments provide that no person shall be compelled in any criminal case to be a witness against himself.”

In the motion for dismissal, the defense said the prosecution relied exclusively on the now-suppressed confession to establish probable cause and therefore lacks any additional evidence to support charges against Moore.

“The district court must dismiss a criminal complaint if it finds that the defendant was held to answer without probable cause,” Bolton argued, adding the state failed to meet even the most minimal standard for charging someone in a criminal case.

In the memorandum, Buchanan states that “there is no admissible evidence in the record to establish that Moore committed the crime for which he stands charged.

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