Federal Magistrate Judge Michael Hegarty imposed thirteen specific conditions on Moe's release, including home confinement, GPS monitoring, no internet use and no contact with children.
Despite the presumption of detention under federal law in child pornography distribution cases, the judge ruled the prosecution failed to meet its burden of proving "by clear and convincing evidence that no condition or combination of conditions are adequate to assure the safety of persons or the community."
In his nine-page ruling released Wednesday afternoon and first reported by 9NEWS, the judge wrote, "... with the conditions of release that I will impost, [the] Defendant will not be a danger to any person or the community."
Moe's defense team argued that bond was appropriate because while Moe accessed child porn online at home, they said the public and professional side of his life was entirely separate and without reproach. He has no criminal history and an established support system from his family, other factors that weighed in the judge's decision.
An appeal of the decision by Moe's prosecutors is possible under the law.
Magistrate Judge Michael Hegarty heard more than three hours of arguments and testimony at a detention hearing Tuesday. The courtroom was packed with concerned parents of students and future students at Paddington Station, the elite preschool where Moe taught from 1993 until his resignation last week.
Judge Hegarty cautioned the assembled parents that the detention hearing and the arguments heard was not the guilty or innocence phase of the case, simply a means of determining whether Moe presented such a clear danger to the community that he should be denied bond.
The judge pointed out that a trial could be six months to two years away and that the vast majority of federal cases end in a plea deal rather than trial.
Moe has been in federal custody since his arrest July 24 on suspicion of possessing and distributing child pornography.
Nancy Spillane, who founded and ran a school in Steamboat Springs, is taking over as interim head at Paddington Monday.
In an effort to reassure parents, Spillane promises a restructuring, a formal parents' organization and the installation of security cameras at the school.
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