By Mike Weland
Attorneys for homicide defendant Dr. Daniel Moore will request a change of venue, with hearing expected to be set before Judge Barbara Buchanan March 31. A ten-day jury trial in the case is currently set in Boundary County’s main courtroom at 9 a.m. Monday, April 12.
Hayes Hartman, associate attorney at Bolton Law, Coeur d’Alene, has requested statistics from local media on articles published online, including five by Kootenai Valley Times that mention Dr. Moore’s alleged confession in the shooting death of fellow chiropractor Brian Drake one year ago tomorrow, a confession ruled inadmissible last month.
Pursuant to Idaho Rules of Civil Procedure, a motion for change of venue may be granted if “there is reason to believe that an impartial trial cannot be had in the county in which the action is filed.”
The defense contends that such is the case based on Dr. Moore’s standing in the community and the level of interest in media coverage of the case in Boundary County.
One of the kvt.news articles, “Probable cause affidavit sheds additional light on murder investigation,” published November 13, elicited over one million hits as of today.
If granted, the trial would be moved out of Boundary and to another court, within the same or in a different Idaho judicial district, where it might be easier to empanel an impartial jury. The case could remain with Judge Buchanan or an alternate judge be assigned.