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News Summary
January 22 – February 4, 2011
Kopriva said that she will reconvene a hearing for Moser on Monday to determine if he will remain
in adult court on attempted homicide and aggravated assault charges or have his case moved to
juvenile court.
Moser's attorneys, Thomas Dickey and Joel Peppetti, then asked that their client be freed from the
Blair County Prison and placed on house arrest pending the disposition of his case.
Blair County Deputy District Attorney Jackie Bernard objected to the request pointing out that
Moser's possible mental health problems are only one aspect of the case that must be considered.
She said that the court has to determine "where is the public interest best served?"
She said that the proper place for the Moser at this point is the Blair County Prison.
Moser is not in the general population at the prison but is being housed away from adult inmates,
Bernard said. His educational and health needs are being met, she said.
Moser will stay in the prison at least until Monday's hearing, Kopriva said. Under the
circumstances, the decision where to temporarily keep him is up to the prosecution, she said.
The attempt to try Moser as a juvenile presents an unusual situation for the defense, Peppetti said
after the hearing.
"This is one of the few times the burden [of proof] is placed on the defendant. We have to have
expert testimony so we can meet that burden," Peppetti said.
The court has asked the psychiatrist to prepare a report commenting on Moser's "maturity," his
"ability to learn," and his "criminal sophistication."
The defense contends Moser "has a low degree of criminal sophistication" and that he would
benefit from the greater emphasis on treatment provided by the juvenile system.
The psychiatrist who was appointed in the case has already provided treatment to Moser and
therefore knows him, said Peppetti.
Altoona school district counselors have been working with Moser, and he has responded to their
help, which is why the defense wants Moser referred to the juvenile court so the counseling can be
continued, Dickey said.
The stabbing victim of the assault was in court Wednesday with his grandparents and parents - his
second appearance in a week in the courthouse. He has yet to testify.
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