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Thursday, November 7, 2013 - 7:21pm
El Paso, TX (KDBC) — UPDATE: (November, 7, 2013)
Magistrate Judge James Carter has declined to increase Moss' bond. His bond will remain at $150,000.
Corey Bernard Moss, the 19-year-old man accused in the brutal stabbing of pregnant 31-year-old Rachel Poole was in the court room Tuesday for his first bond hearing.
Prosecutors want Moss' bond raised to a million dollars, from $150,000. Magistrate Judge James Carter will not make a decision until Wednesday morning.
Our cameras were not allowed in the courtroom for the hearing, but for most of the hearing Moss sat looking down in his orange and white striped jumpsuit, in handcuffs, while his ankles were shackled.
As NewsChannel 9 reported last week, Moss was arrested on a charge of Attempted Capital Murder in the stabbing on 31-year-old Rachel Poole, who was 9 months pregnant at the time of the attack. Poole gave birth to her daughter "Izzie" Isabella on Friday, and she is currently recovering at University Medical Center.
Poole's husband, Justin Poole, served in the same unit with Moss both at Fort Bliss and in Fort Lee in Virginia.
In the early morning hours after the attack, EPPD Detective Alfredo Hernandez told the Judge that Moss confessed to the crime in a video-taped interview. Hernandez said Moss told him he only wanted to hurt Rachel 'just enough' to leave to New York where his fiance lives and avoid paying the $3,000 that was due to her the next day for damaging a vehicle he had borrowed.
In court, Moss' attorney Gary Weiser said that he believes his client would be convicted based on the evidence presented right now, but disagreed that Moss should be charged for Capital Attempted Murder.
"I understand that the offense is terribly heinous, I understand the injuries to the victim in this case, but to take the position that he intended to kill both the mother and her unborn child, in my view, is extreme," said Weiser.
Weiser asked for his client to receive a psychological evaluation for competency and/or insanity.
"Yes he stabbed her, and he had a reason for it. But is that legally sufficient as a matter of law, or was he insane at the time of the commission? I can't make that determination myself," said Weiser.
Moss' commanding officer, Capt. Benjamin Markley, also testified at Tuesday's hearing, saying the teen just arrived from Fort Lee, Virg. this past April and entered service in October 2012.
Markley told Judge Carter the 19-year-old had a history of lying, taking money and not paying it back.
Since arriving to Fort Bliss, Moss allegedly had violated military rules twice after leaving the post two times without permission and lying about it.
In one instance, Markley said, Moss told his commanding officers that his father had died, when later they learned his father was actually in prison for the past 16 years.
Markley said fellow soldiers have given Moss $350 to help with funeral expenses.
Moss was believed to have been in New York to see his fiance.
After the incidents, Markley said leaders decided to issue Moss "a notification of separation", essentially booting him out this November.