A judge refused to lower bail for a Straight Edge gang member charged with murder because of statements he made in a TV interview prior to the incident.
Ironically, two other men accused of killing Bernardo Repreza -- including the man who allegedly stabbed him -- have been released from jail on reduced bonds.A shackled Andrew D. Moench, 18, sat quietly during a bail hearing Tuesday while his attorney, Ed Brass, explained to 3rd District Judge William Barrett that his client had been "encouraged" by a reporter for the ABC news program "20/20" to make "outrageous and controversial" statements. The reporter was preparing a segment about Straight Edge gang members.
Straight Edgers are mostly white, middle-class teens who profess to shun, among other things, drugs, alcohol and premarital sex.
The "20/20" reporter called Moench seven times before Moench, who is inexperienced with the media, made any statements, the attorney said.
"He was pushed into saying these things," Brass said. "He just said something that would get him on national TV."
Prosecutor Paul Parker was prepared to show Barrett a taped copy of the interview, which aired Friday, but the judge said he had already seen the broadcast.
"To be honest with you, it scared me," the judge said before denying Brass' motion to reduce his client's bail from $500,000 to $50,000.
"The stuff that came out of his mouth, it shocked me," Barrett said. "Right or wrong or otherwise, it gave me a great concern about his threat to the community as opposed to the reverse."
Among other things, Moench told interviewer John Quinones he believes people have the right to fight for their personal beliefs when someone else criticizes them.
"You disrespect someone about being a Straight Edger, about being whatever. I mean, if someone disrespects someone about their religion, I mean, that's being disrespectful to you, fight them," he said. "They die, that's what they deserve."
Moench hesitated when asked if he applies that philosophy to his own life.
"I've got to die sometime. I might as well be dying standing up for what I believe in," he said on the TV program.
Brass pointed out Moench made his statements about a month to two months before Repreza, 15, was killed.
"His attitude . . . is 180 degrees from what it was at the time the program was made, if in fact that depicts his attitude," Brass said. "(Moench) feels absolutely terrible about what happened" to Repreza, regardless of what his participation may have been.
He also said Moench is contrite, remorseful and not "cocky in any way."
But Barrett said that in his experience it is not unusual for criminal defendants to feel sorry for what they have done after they get caught.
In denying Moench's motion, Barrett made an about-face from his decision Friday to reduce bail for Moench's co-defendant, Colin C. Reesor, 18.
But Barrett justified his decision, saying he was convinced that in Reesor's case, if anyone might be at risk, it could be Reesor or his family due to possible retribution.
Moench, Reesor and Sean Parley Darger, 17, all face one count of murder, a first-degree felony, for allegedly beating and stabbing Repreza to death. The slaying occurred during a riot that included about 30 Straight Edgers at 150 E. 100 South.
Prosecutors say that during the fight, Darger hit Repreza with a spring-loaded baton, Moench struck him repeatedly with a bat, and Reesor stabbed him in the abdomen with a 4-inch knife.
Darger's bail was reduced last year after he agreed to cooperate with prosecutors. The trio are scheduled for a five-day trial beginning July 6.
Deseret News staff writer Jennifer Dobner contributed to this report.