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Rape trial postponed after courthouse employee tested positive for COVID-19; multiple others placed in quarantine

A trial that had been scheduled to begin this week at the Ward County Courthouse for John Moquin on a Class AA felony gross sexual imposition charge has been postponed to a date yet to be determined. According to an emergency order issued by head Judge Gary Lee, one Ward County Courthouse employee tested positive for the new coronavirus and all court reporters and recorders and three judges at the courthouse were ordered to go into quarantine. In addition, at least three members of the Ward County Clerk’s office were ordered to go into quarantine.

Lee continued all civil, jury, and bench trials previously scheduled to take place between Aug. 3 and 21. Lee also continued other contested civil matters including evictions, restraining order proceedings, small claims, and other motions scheduled between Aug. 3 and 21.

Other court proceedings deemed essential, including mental health, juvenile proceedings, and initial appearances for criminal defendants will be held. Most initial appearances are held via interactive television with defendants appearing on TV from the jail.

Last week Judge Todd Cresap had denied a state request to continue Moquin’s trial and had granted a defense motion to ban any expert witnesses or evidence from being presented that the state had not previously disclosed to the defense. Moquin, who has been held at the Ward County Jail for close to six months, had demanded a speedy trial. Defense attorney Kyle Craig told Cresap it didn’t look like the state was ready for trial and a DNA analysis report from the state laboratory had been in the state’s attorney’s office since May 28 and had not been turned over to the defense.

Craig had also objected to continuing the trial because he said two of the witnesses have been extremely difficult to locate and they might disappear again and might not be available for trial if the trial was continued. The two witnesses he named in a court filing are currently in custody at the Ward County Jail on unrelated criminal charges.

A prosecutor acknowledged last week that the state’s attorney’s office had not practiced “due diligence” in the Moquin case.

Moquin, 39, Minot, is accused of beating and raping a pregnant woman in Minot on Feb. 28 and of holding her against her will in his apartment. He is charged in district court in Minot with Class AA felony gross sexual imposition by force, Class C felony aggravated assault, Class C felony terrorizing, and Class A misdemeanor unlawful imprisonment. Moquin maintains his innocence to the charges and Craig said in court last week that a witness he plans to call will testify that the injuries on the alleged victim didn’t match what has been alleged.

A bond reduction hearing was held for Moquin this week and Judge Stacy Louser lowered his bond to $200,000 cash, with a requirement that Moquin post 10 percent of that and report daily to the Ward County Sheriff’s Office if he posts bond. Moquin would not be required to be tested, just show up at the 24/7 Office. However, Moquin was still in custody at the Ward County Jail as of Thursday.

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