ALBUQUERQUE, N.M. — A 2nd Judicial District judge ruled Thursday that a man accused in the death of his infant daughter can move across the country to live with family until his trial, according to court records.
Judge Christina Argyres granted the motion allowing 39-year-old Moses Johnson to move to Pennsylvania without GPS monitoring or drug testing.
Johnson currently faces one count of intentional abuse of a child resulting in death and two counts of abuse of a child in the April 9 death of his 11-month-old baby at the San Mateo Inn and Suites.
Johnson initially told police the baby drowned in the hotel pool accidently. He then changed his story, saying he left her strapped in a car seat beside a running shower while he had sex, smoked weed and fell asleep in the next room. When he checked on her eight hours later, the baby was facedown in the tub and dead.
District Attorney’s Office spokesman Michael Patrick said Argyres granted the motion over the objection of prosecutors to reconsider his condition of release.
Court records detail prosecutors arguments against the decision, calling Johnson a “flight risk.”
“Per his own admissions, he has limited family ties in Albuquerque and is seeking emotional support with his grandmother out of state,” the documents state. “There are resources available in Bernalillo County regarding emotional support, housing, and employments that can be explored to address the defendant’s needs during the pendency of the case.”