Child abuse case against Genevieve Barea in question

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David Young, (Bio) dyoung@greeleytribune.com
March 21, 2008

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The case against a woman charged with child abuse resulting in the death of a 7-year-old girl is in question after a not-guilty verdict last week in her husband's trial.

Genevieve Barea appeared in custody Thursday for a court hearing where prosecutor Matt Maillaro said that in light of Dan Partch's not-guilty verdict on March 13, prosecutors are reconsidering the case and if there will be sufficient evidence to prove the charge beyond a reasonable doubt.

Both Genevieve Barea, 45, and Partch, 47, were charged with child abuse resulting in the death of LoReyna Barea, who died on March 9, 2007, from blunt force trauma and acute dehydration, according to the coroner's report. The aunt and uncle of LoReyna were her legal guardians at the time of her death.

A jury found Partch not guilty last week, which caused Weld District Judge James Hartmann Jr. to question if the prosecution intends to go forward with the trial against Genevieve Barea.

There will be a status conference at 1:30 p.m. June 19 where prosecutors will let Hartmann know if they intend to drop the trial.

Genevieve Barea didn't acknowledge her husband, present in court, when she entered. She faces up to 48 years in prison if convicted, and she waived her right to a speedy trial to allow for an expert witness, who had a conflict with the original trial date, to testify.

WHAT'S NEXT?

Genevieve Barea, charged with child abuse resulting in death, is scheduled to appear for a status conference at 1:30 p.m. June 19. A seven-day trial is set to begin July 21.

The new seven-day trial is scheduled to begin July 21.

Hartmann also said he will consider who will be the victim's rights advocate in Genevieve Barea's trial. The two options he is considering are Dan Partch or LoReyna's four brothers.

Leaving the courthouse, Partch declined to comment about his wife's case.

LoReyna weighed 35 pounds when she died and had more than 40 bruises on her body at her time of death, according to coroner reports.

In Partch's trial, the prosecution made the case that Partch was aware of the extent of LoReyna's injuries and did nothing while she died in his care.

The defense argued that Partch was a caring father figure who was under the impression that LoReyna had the flu and that her injuries were caused in part by a bicycle accident.

Jurors deliberated close to 11 hours during the course of two days before reaching their verdict.