Aug 26, 2022

Defense makes offer, Moore admits probation violation

 


I reported yesterday that Judge Kelly Neel had set up intervention in Daniella Moore's homicide case. As of today, Moore has 1149 days in custody. 

Moore certainly does not seem insane. She was very clearheaded and responded decisively to Judge Neel's questions. If there is a jury trial, it will be interesting to see how jurors view Moore's additional plea of not guilty by insanity.

This morning, Assistant Deputy District Attorney Stacey Eads and Deputy Public Defender Casey Russo met in chambers with Judge Neel. There was also a brief conversation at the bench about scheduling.

Plea is unlikely. Defense has made an offer. Several key witnesses have availabity issues and so September 6 trial is vacated. Mr. Russo did not object. Trial setting on September 14.

Moore had a misdemeanor probation case with a vandalism charge which was trailing the homicide case. She admitted probable cause, admitted probation violation and waived her right to a probation hearing today. Judge Neel revoked Moore's probation and terminated probation.Moore was sentenced to 180 days; given credit for 90 days in custody and 90 days 4019 credits so time is served on the probation case.

Ms. Eads made a reference to the length of time Moore has been in custody as well as how the trial delay will affect the closure and healing for Hannah Hayhurst's family and loved ones. Ms. Eads has communicated with Hannah's father why the People needed to request a continuance.

"This is a very difficult motion for the People to make," Ms. Eads said to Judge Neel. At Judge Neel's request, Ms. Eads summarized the witnesses' unavailability. 

"Realistically, this matter cannot proceed as scheduled due to issues out of anyone's control," said Judge Neel.

People's expert Dr. Michael Matto who will testify on the insanity issue for the People; forensic patholigist Dr. Mark Super; HCSO Deputy Lucas Brittain, the lead detective and one criminalist are unavailable during the times they would have testified in September or October. People have been unable to locate and subpoena several other witnesses.

Previous posts:

https://johnchiv.blogspot.com/2022/08/trial-judge-orders-intervention-in.html?m=1

https://johnchiv.blogspot.com/2022/08/hannahs-mother-passed-away-and-this.html?m=1

(there are way too many previous posts to link for this 2019 case; you can access all previous coverage via the search feature on this blog

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