USA v. Moore

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
MICHAEL W. MOORE, Jr.,
Defendant.
)
)
)
)
)
)
)
)
)
)
Case No. 3:18-cr-00040-SLG-DMS
MEMORANDUM DECISION AND
ORDER GRANTING
GOVERNMENT’S MOTION TO
RESTRICT TELEPHONE ACCESS
[DOCS. 28; 31; 34]
This matter came on for hearing on June 8, 2018. The USA was represented
by Andrea T. Steward and Adam Alexander. The defendant was represented by
John M. Murtaugh. The Court heard testimony from the government’s witness and
reviewed transcripts of phone calls made by the defendant from jail. The Court is
fully informed.
Defendant was subject to the Court’s order of May 18 (ECF 29) restricting his
access to telephone, visitor and mail contact with persons other than his attorney.
This order resulted from a previous order of May 15 (ECF 26) that allowed jail staff
to retrieve all of the defendant’s copies of discovery from his jail cell based on the
government’s belief that defendant wished to provide the discovery to third persons
as corroboration of a potential government witness cooperating with the prosecution
of defendant’s case. Defendant allegedly urged the third persons to take actions to
either harm the potential witness or dissuade him/her from cooperating.
Case 3:18-cr-00040-SLG Document 38 Filed 06/11/18 Page 1 of 4

US v. Moore
3:18-cr-00040-SLG-DMS 	Page 2 of 4
After said orders issued, it was the government’s belief that, based on further
monitoring of the defendant’s phone calls from jail, the defendant continued to urge
third persons to do something to harm the potential witness. The government filed
motions to expand the scope of the Court’s order of May 18 for an additional period
of time and to restrict all of defendant’s contact via telephone, visits, or written
communication. This would effectively eliminate all of defendant’s non- attorney
communication during the time in question. Additionally, the government requested
that defendant be placed in administrative segregation so that he could not
communicate with other inmates who might have outside contact with those who
could assist defendant in his goal.
The Court is aware of the cases cited by the parties. Any restrictions sought
by the incarcerating facility have to be reasonably connected to a legitimate
government objective. Here, that objective is to make safe a person who may be a
government witness currently threatened by statements made by defendant to third
persons outside the jail.
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
Case 3:18-cr-00040-SLG Document 38 Filed 06/11/18 Page 2 of 4

US v. Moore
3:18-cr-00040-SLG-DMS 	Page 3 of 4
This Court makes the following findings:
1. Defendant did continue to make efforts to contact persons outside the jail
on at least 29 different occasions by using the telephone PINs from other inmates to
make telephone contact with third persons after May 19, 2018.
2. Defendant’s girlfriend, Jackie Brewer, did use other persons’ identification
to gain access to the jail for visits with defendant. Several of the telephone calls
from the defendant made before May 18 and after were with Ms. Brewer, when
harming the potential witness was discussed or was probably discussed.
3. Defendant expressed the belief in his telephone call with Ms. Brewer on
May 28, 2018 that jail staff would have to return his discovery, which would allow
him to continue to try and send that discovery outside the jail to third persons with
whom he had discussed harming the potential witness.
This Court orders:
1. The government’s Motion to Restrict Telephone Access (ECF 28; 31; 34) is
GRANTED. The defendant shall have no telephone contact with anyone other than
his attorney during the pendency of this Order;
2. The defendant may have no visitors other than his attorney. In the event
the defendant names someone with a legitimate purpose for a visit, that person may
be vetted by jail staff and the government’s attorney and, if the visit is not allowed,
the defendant may seek recourse with this court.
3. All of the defendant’s outgoing mail shall be screened. All incoming mail
shall be screened but defendant should be allowed to receive books, magazines and
Case 3:18-cr-00040-SLG Document 38 Filed 06/11/18 Page 3 of 4

US v. Moore
3:18-cr-00040-SLG-DMS 	Page 4 of 4
periodicals approved by the Department of Corrections. Legal mail shall be treated
as normal by jail staff.
4. The government’s motion to place the defendant in administrative
segregation (ECF 28; 34) is GRANTED, subject to review at the next hearing.
5. This matter shall be reviewed on Monday, July 9, 2018, at 10:00am.
IT IS SO ORDERED this 11 th day of June, 2018.
/s/ James P. Hutton
U.S. MAGISTRATE JUDGE
Case 3:18-cr-00040-SLG Document 38 Filed 06/11/18 Page 4 of 4