Man absolved of child abuse in DCYF hearing wants to use finding in criminal courtBy JAMES A. KIMBLE
Union Leader Correspondent
July 01. 2013 9:37PM
BRENTWOOD — A Raymond man who was absolved by a family court judge in the abuse of an infant son wants to use that finding for his defense on criminal charges when he goes on trial in October.
Cavan Gardner Moore, 26, is expected to go on trial the week of Oct. 19 in Rockingham County Superior Court on eight counts of second-degree assault for allegedly injuring his two-month-old son.
Moore allegedly caused multiple injuries to the boy over the course of several days between Dec. 10 and 28, according to prosecutors.
A judge approved a request by public defenders on Wednesday to access audio recordings of a recent abuse and neglect hearing against Moore regarding the boy’s injuries.
The hearing was brought by the state’s Department of Children, Youth and Families (DCYF).
“The court found that the child did sustain injuries as a result of abuse or neglect. However, the court did not find that Mr. Moore caused those injuries,” public defender Kathryn Hyland said in a court motion.
Moore is being held at the Rockingham County jail on $25,000 cash bail awaiting trial.
Prosecutors have argued against Moore being released from jail prior to trial, saying he has few or no ties to the state. He was born and raised in Kentucky and living with his wife in the basement of her family’s home prior to his arrest.
Public defenders did not explicitly state how they plan to use information from the DCYF hearing, but suggested in their court pleading that the sworn testimony given by witnesses could be used to measure their veracity at the criminal trial.
“The witnesses testified about the very matters that form the basis for the indictments in this case,” Hyland said in her request.
She said the witnesses at the DCYF hearing are “the very same witnesses who the state will likely call at Mr. Moore’s criminal trial.”
Raymond police began investigating the cause of the injuries once doctors at Exeter Hospital concluded the baby boy sustained his injuries from abuse. Moore was arrested after his interview with police.
Indictments say the baby had suffered fractures to his wrist, forearm, clavicle and ankle.
All of the charges are Class B felonies, each punishable by 3½ to 7 years in state prison. Moore has pleaded not guilty to all charges.