Woman charged with abusing boy diagnosed with Down syndrome jailed
Defendant also seeks change of venue for jury trial
FARMINGTON — A judge has ordered one of the women accused of abusing an Aztec boy diagnosed with Down syndrome be jailed as she awaits trial after she was found to be in violation of her conditions of release.
Lindsey Moss, 20, was remanded to the San Juan County Adult Detention Center on July 25 by District Judge Daylene Marsh following a hearing in Aztec District Court.
Laurah Cox, Moss' attorney, declined comment through an employee of the Tucker, Yoder, Hatfield, Eley & Associates law firm.
Moss faces three felony counts of child abuse, a felony count of contributing to the delinquency of a minor and two petty misdemeanor counts of battery, according to court documents.
Child abuse includes physical, sexual, emotional and medical abuse, as well as neglect. Learn about signs, risk factors, how to get help. Wochit, Wochit
Dallas Baron, 20, is charged with child abuse along with Moss in the case.
Moss is accused of having then-8-year-old Bricen Greenhaus breathe in the smoke of a bong held to his face by the defendant. Court documents did not list the child's date of birth.
She is also charged with throwing an empty 5-gallon water jug at the child's face, causing him to hit the back of his head on an end table.
Baron was charged with allegedly making a video recording of the two incidents that occurred sometime in May 2017, according to court documents.
The child's father, Josh Greenhaus, told the Daily Times in September 2018 his son has been diagnosed with Down syndrome and is nonverbal, leaving him unable to speak about the alleged crimes.
Judge Marsh filed a written order on July 29 stating Moss would be held in the county jail pending trial and that no conditions would ensure her compliance with her release conditions ordered by the court.
The judge's order cited multiple examples of Moss violating her conditions of release on a $2,500 cash at 10 percent bond.
The defendant is not allowed to have contact with the victim, any person who may testify in the case and minor children, according to court documents.
Moss had been in contact with one witness for the prosecution and defense along with one minor child on more than one occasion.
The defendant was involved in an altercation at Sam's Club in Farmington on June 30 involving the victim's grandmother, where two minor children were present, when Moss got into a "heated verbal exchange" with the grandmother, according to court documents.
The order states Moss was involved in an incident in a courtroom during a past hearing, where the defendant sat in front of Bricen's mother and constantly turned around to look at her. The mother felt like the defendant was taunting her.
The next court hearing in the case is scheduled for the morning of Aug. 8 in Aztec District Court to hear a motion by Moss' attorney for a change of venue for a jury trial.
The motion, opposed by the prosecution, states local newspaper articles and postings on social media "tend to indicate the defendant's guilt have been circulated" and that an impartial jury cannot be found in San Juan County.
Joshua Kellogg covers breaking news for The Daily Times. He can be reached at 505-564-4627 or via email at firstname.lastname@example.org.
Support local journalism with a digital subscription: http://bit.ly/2I6TU0e