Nicholas Wayne Moore's trial is still unraveling in Superior Court but not without some resistance from the defense.

Moore's attorney sought a mistrial.

But it was denied by Judge Alberto Tolentino.  

Moore is currently on trial for a drive-by shooting in Agana Heights back in 2020 that left a man injured.  

He is also facing murder charges in a separate case in connection to the death of Michael Castro who was reported missing around the same time as the Agana Heights shooting.

Additionally, Moore is facing criminal sexual conduct charges for having sex with a minor.

During trial, government witness Eric Salone alleged he fired the 45 caliber gun during the drive-by shooting.

That pistol and photographs of it are in the government's possession.

The defense's motion states the government violated discovery obligations by not submitting it into discovery.

The judge did order the parties to stop referencing the government’s possession of the pistol and photograph in court.

Trial is set to continue on Thursday in the Superior Court.