SPRINGFIELD — Federal prosecutors have moved to dismiss charges against suspended Assistant Hampden Superior Court Clerk Daphne Moore, according to court records.
Moore was charged along with her daughter, Nia Moore-Bush, her daughter’s husband and various drug mules in 2018. Federal investigators said the defendants were promoting a Vermont-to-Massachusetts drug trafficking ring.
While Moore-Bush was arrested at her mother’s Hadley Street home that year, Moore was not immediately implicated in the case. She was arrested and charged months later, with her attorney labeling the charges against her “insane.”
The prosecution against Moore was rife with delays primarily because of appeals filed by the government, her now-retired defense lawyer said this week.
“This case went on and on and on. All of the sentencing for the white defendants who entered guilty pleas were put off and put off and put off, because they were all going to cooperate against Daphne,” said criminal defense lawyer Linda J. Thompson, who handled the early years of the Moore prosecution along with husband and law partner, John Thompson.
Prosecutors filed a petition to dismiss the charges against Moore on Dec. 12. A federal judge must sign off on the move, however.
“The government states the dismissal is in the interests of justice,” the filing reads.
Reached for comment, a spokesperson for Acting U.S. Attorney Joshua Levy affirmed the office’s position on the case.
“Our decision to dismiss these charges at this juncture was made after a thorough review of all of the circumstances involved in this matter, including information provided by Ms. Moore’s counsel. We believe this dismissal is in the interests of justice,” a statement issued by the office on Thursday read.
Moore was charged with conspiracy to distribute and possess with intent to distribute heroin, cocaine and cocaine base, distribution and possession with intent to distribute heroin, cocaine and cocaine base, money laundering conspiracy, aiding and abetting, money laundering and making false statements to investigators.
Federal agents used a “pole camera” to conduct surveillance at the Hadley Street home, which a federal judge ruled was unconstitutional without a warrant. That decision was later overturned by a higher court.
While Moore-Bush and other defendants in the case pleaded guilty and are serving prison sentences, Moore herself was eager for her day in court.
“The case against Daphne — to say that it was slim is to put more meat on it than it deserves. They had no case against Daphne. That’s one of the reasons we were so eager to go to trial,” Linda Thompson said. “We pushed every button we could for a speedy trial.”
Moore was suspended without pay by the Massachusetts Trial Court, despite an appeal to the state Supreme Judicial Court and consistent support by Hampden Superior Court Clerk Laura Gentile.
Once the charges are formally dismissed, Moore may be entitled to her job back, plus back pay under state law.
A spokesperson for the Trial Court this week declined to comment, saying doing so would be premature before the order of dismissal is final.
Moore’s current lawyer, Northampton attorney Paul Rudof, said he believed the charges against Moore were unfair, even before he agreed to take over her case.
“Even before I represented, Daphne, I believed in her innocence, because I know her to be a person of impeccable character. After taking over her case and reviewing the actual evidence, I was even more convinced of her innocence,” Rudof said.
He said he met with assistant federal prosecutors and ultimately with Levy to persuade the government to look at the case with “fresh eyes,” given none of them were involved with the initial prosecution.
“Daphne greatly appreciates their willingness to give her case a second look and their commitment to seek justice rather than convictions. After enduring this very hard ordeal for the past five years, Daphne looks forward to moving on with her life, which has been marked by incredible accomplishments and service to the legal community, the Springfield community, and her family,” Rudof said.
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