Idaho appeals court rejects convicted rapist’s double jeopardy claim

February 21, 2014 

The Idaho Court of Appeals Friday rejected a Boise man's contention that convicting him of both raping and battering his cellmate constituted double jeopardy.

Derek E. Moad, 26, is serving 10 years to life in the state’s maximum security prison for sexual attacks on his cellmate in June 2011. The attacks yielded felony charges of male rape and battery with intent to commit a serious felony (rape).

According to court records, Moad beat and choked his cellmate, forcing the cellmate to perform oral sex on him, then beat him again and attempted to rape him.

In his appeal of the 4th District Court ruling, Moad contends that the events constituted a single criminal episode, and sentencing him for two separate convictions violated the U.S. Constitution’s protections against double jeopardy.

But the appeals court ruled that the crimes were represented as separate attacks to the jury that found him guilty, and the defense attorney did not object when Moad was sentenced in 2012 for both crimes: 10 years to life for male rape and 10 years for battery with intent.

“The battery was an additional brutalization of the victim that occurred after the rape was completed ... although these crimes were closely related in time and space,” Judge Karen Lansing wrote in the opinion.

At the time of the rape, Moad was serving a seven-year sentence on a 2006 statutory rape charge from Ada County involving a female victim younger than 18. That sentence is up next month, but on the newer charges he will not be eligible for parole until at least August 2022.

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