HAGÅTÑA (The Guam Daily Post) — Nicholas Moore’s request to ease restrictions on his pretrial release conditions was denied.
On Thursday morning, in the Superior Court of Guam, Moore appeared for a hearing in a case where he faces charges related to an October 2020 shooting in Agana Heights.
According to Post files, at Moore’s previous appearance last month, Judge Alberto Tolentino released Moore from confinement and placed him on house arrest and electronic monitoring.
During Thursday’s hearing, Moore, with his attorney, Michael Phillips, asked if Moore’s parents could serve as third-party custodians, tasked with supervising Moore at all times. Phillips explained the modification to conditions so Moore could participate in activities.
“We’re asking if he’s able to join his father in playing golf, or working on the family boat or things like that,” said Phillips.
The conditions imposed currently on Moore allow him to leave his house only to visit his lawyer or go to church for religious services or to the hospital.
Prosecutor Basil O’Mallan said he didn’t have objections to Moore’s parents being custodians but “opposed the recreational requests.”
‘Defeats the purpose’
After attorneys presented their positions on Moore’s motion, the parties, Tolentino and the probation officer present had a lengthy discussion relating to the technical aspects if Moore’s motion was granted.
The probation officer explained, if Moore were to leave his home with his parents serving as third-party custodians, he would have to notify the probation office 24 hours before leaving. In addition, the custodians would have to be present with Moore even at times when Moore didn’t need to be supervised, such as lawyer visits.
Phillips’ request would have had Moore able to attend lawyer visits without his parents’ supervision.
Tolentino eventually denied the motion.
“Him going around in public doing these things kind of defeats the purpose of making sure the community’s safe,” said Tolentino, who also said he was concerned for Moore’s safety.
“Why the golf? Why go to the boat? Why all these other things that just exposes him to more outside threats?” Tolentino said.
Nicholas Moore, right, speaks with his attorney, Michael Phillips, before a hearing in the Superior Court of Guam on Thursday morning, July 13, 2023.
