Moore granted change of venue

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BONNERS FERRY — A motion to move the Daniel Moore trial to Kootenai County was granted by First District Judge Barbara Buchanan on Wednesday.

Daniel Moore, 63, is charged with second-degree murder and the use of a deadly weapon in connection to the fatal shooting of Brian Drake on March 12, 2020.

A trial on those charges is scheduled to begin April 12, but that date could change because of a backlog of cases in Kootenai County.

The motion for a change of venue was made during the hearing by the defense and agreed to by Chief Deputy Prosecutor Tevis Hull after the court asked the prosecutor’s consideration on the matter. Buchanan approved the change of venue in the case.

However, Buchanan noted the backlog of court hearings due to COVID-19, saying she would need to speak to Judge Richard Christensen on a trial date.

Buchanan also denied Moore's third motion request for return of property.

The prosecution and defense presented arguments about the state’s request for a reconsideration of suppressed evidence.

Buchanan’s decision on Feb. 12 granted a request by Moore, 63, to suppress evidence gathered as part of a custodial interview on Aug. 27.

Hull said law enforcement did not act coercively, and pointed to cases that showed precedent to back up inclusion of the information.

“He made those statements voluntarily,” Hull said.

Buchanan took the matter under advisement and did not rule on the request.

Katherine Bolton, Moore’s defense attorney, requested a subpoena for information on life insurance policies, Brian Drake's alcohol use, financial records, and donations to the Drake family from charitable organizations.

However, Jennifer Drake's lawyer, Katharine Brereton argued the subpoena is not a reasonable use of a rule 17 subpoena, and the rule applies to Moore’s motive and is not specific to Jennifer Drake’s motive in any potential criminal case.

“It is our position that the reason for the specific request in the subpoena is not to support any sort of defense strategy; it is to intimidate Drake as a form of harassment,” Brereton said, “It also invades her privacy and denies her the dignity and respect which she is guaranteed by the constitution of the state of Idaho and by the Crime Victims Act.”

Buchanan said Idaho rules of civil procedure 45 would grant a quash or modify the subpoena if it is unreasonable, oppressive, fails to allow time for compliance, requires disclosure of privileged or other protected matter no exception or waiver applies or subjects a person to undue burden.

“A life insurance policy, I don’t see how that’s relevant material in this case, so I’m granting the motion to quash,” Buchanan said.