Man absolved of child abuse in DCYF hearing wants to use finding in criminal court
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.
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 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.
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.
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.”
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.