Court vacates order to revoke Grampian man’s bail after mistrial in child endangerment case
Mistrial had been declared in case of alleged child endangerment
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The Pennsylvania Superior Court, in an opinion affirming the right of most pretrial defendants to bail, has vacated an order by a Clearfield County judge that revoked the bail for a Grampian man following a mistrial in his case.
The defendant, Devin John Moore, 39, was being tried in August for endangering the welfare of a child, but Judge Paul E. Cherry declared a mistrial when a state police trooper, during his testimony, related to the jury that he was at a hearing with Moore that involved charges in other cases.
The testimony about Moore being charged with other offenses in addition to those relevant to the case at hand was not permitted.
Following the declaration of the mistrial, the prosecution made a motion to revoke Moore's $500,000 bail and that he be sent to the Clearfield County Jail to await further proceedings.
The judge revoked Moore's bail after hearing comments from the prosecution inferring that Moore, prior to the start of the August trial, had placed several toys on the porch of the victim's home with a note that stated, "I could talk to you today or quietly fly away. It is up to you to make me stay. It all depends on what you say."
Based on that proffer by the prosecution blaming Moore for attempting to communicate with the victim, the judge revoked Moore's bail.
Moore's Pittsburgh attorney, Matthew T. Ness, complained that to accuse Moore of the incident without proof was "way, way past the line of speculation," according to the Superior Court opinion issued late last week.
The defense attorney appealed the decision to revoke Moore's bail, posing the question, "Did the trial court abuse its discretion by revoking bail on the Commonwealth's unsworn proffer and argument where no witness testified, no exhibit was admitted, and no legally competent evidence of any kind was placed on the record?"
Superior Court Judges Mary Jane Bowes, Alice Dubow and Correale F. Stevens, answered in the affirmative.
The opinion, written by Dubow, stated the right to bail "is enshrined in Article I, Section 14 of the Pennsylvania Constitution."
There are exceptions, the appeals court explained.
For instance, if a defendant is accused of a capital offense, or if an offense carries with it a possible life sentence, bail can be denied.
Bail can also be denied if the accused presents a danger to the community, it was explained.
Other factors in setting bail include the defendant's character, his past conduct, the gravity of the charges, or evidence related to the protection of the community, the opinion explained.
In Moore's case, the defense argued that the judge improperly "relied solely on the prosecutor's proffer and stacked one impermissible inference atop another when seeking to revoke (Moore's) bail."
The appeals court panel commented that it agreed "the trial court erred in revoking his bail."
In seeking revocation, the panel pointed out the prosecution presented no evidence as to who placed the toys and the note on the victim's front porch.
"Accordingly, having found the trial court abused its discretion, we vacate the order revoking (Moore's) bail."
The Superior Court panel reinstated Moore's $500,000 bond, posted by a professional bondsman.
The Clearfield County Prison confirmed Wednesday that Moore is no longer an inmate there.
The Superior Court order indicated the commonwealth can file a renewed motion to revoke Moore's bail.