BY MAIRE O’NEILL
Jason Moss of Los Alamos will not be prosecuted by the First Judicial District Attorney’s Office on two 2020 charges first filed in Los Alamos Magistrate Court and subsequently bound over to District Court. Moss was initially charged with criminal sexual penetration in the first degree of a child under 13 and criminal contact of a child under 13 – clothed, in connection with an incident that was alleged to have happened in 2014 when the alleged victim was 8 years old.
Asst. District Attorney Mary McCleary entered a nolle prosequi in the case late last year stating that three integral witnesses “are unavailable to participate in the discovery process”.
“In the interest of justice and to project the defendant’s (Moss) right to a speedy trial, the state will therefore dismiss without prejudice,” McCleary said.
“Without prejudice” means that charges could be re-filed at a future date, although with the case having been on the books since 2020, it is not expected that McCleary will re-file charges.