Raymond man charged in baby abuse case indicted on witness tampering chargesBy JAMES A. KIMBLE
Union Leader Correspondent
November 19. 2013 7:45PM
BRENTWOOD — A Raymond man jailed on charges that he broke several of his 7-week-old son's bones was indicted for allegedly trying to get his wife to falsely testify about the abuse allegations, prosecutors said.
A grand jury returned two charges of felony witness tampering against Cavan Moore, 27, for allegedly contacting his wife about her testimony between Jan. 1 and April 15.
The indictments were made public late Monday in Rockingham County Superior Court.
Each charge is punishable by up to 3½ to 7 years in state prison.
Moore already faces 14 counts of second-degree assault and six counts of endangering the welfare of a child in connection with the abuse case.
He is scheduled to go on trial next month on those charges. His wife, Erica, also faces misdemeanor child endangerment charges.
The new witness tampering charges come just weeks after a judge decided that a jury will be allowed to hear statements that Cavan Moore made to Raymond police just prior to being arrested Dec. 28, 2012.
Raymond police were called to Exeter Hospital after receiving a report from doctors that a baby boy had suffered several fractures, including breaks to his wrist, forearm, clavicle and ankle, according to court records.
His public defenders complained that Moore was never read his Miranda rights before being questioned. They also suggested that Raymond police Detective Richard Labell had essentially restrained Moore by closing a door to a hospital room during the interview.
Judge Kenneth McHugh disagreed with the defense, saying that Labell made it clear to Moore that he was free to break off the conversation and leave the room at any time.
"The facts strongly suggest that Mr. Moore was not deprived of his freedom by Detective Labell in any significant way," McHugh said in a seven-page decision.
Moore made no explicit admission about his son's injuries during the police interview, McHugh noted. But prosecutors and police suggest that Moore gave varying accounts with how his son was injured.
Moore agreed to give a written statement to Labell at the hospital. Before he started to write, Moore allegedly said, "I may have stepped on my son's ankle when I was playing a video game," according to court testimony.
Labell testified that he left Moore in the hospital room for about 20 minutes to complete his written statement. Labell returned to find Moore with his wife.
Moore had then told Labell, "I may have sat on my son's ankle" before completing his written statement, a court order said. Labell confronted Moore about the two different statements. Moore denied saying the earlier statement.