Trial set for Elkhorn man accused of sexual assault, possession of child pornography
By Heather Ruenz
Staff Writer
At a motion hearing Jan. 9 for an Elkhorn man charged with touching a 10-year-old girl about four years ago, possession of child pornography and bail jumping, Judge Phillip A. Koss granted joining two of the three charges, a request filed by the state.
Neal R. Moss, 60, was charged June 6 in Walworth County Circuit Court with first-degree sexual assault for contact with a child younger than 13 years old. On Nov. 30, he pleaded not guilty.
While investigating Moss for possession of child pornography, police discovered a non-pornographic photo of a now-14-year-old girl on Moss’ computer and questioned the girl’s mother, according to police. The girl’s mother said she and her children used to visit Moss at his Elkhorn home but stopped about two years earlier when the girl said Moss put his hand in the back waistband of her pants, according to the complaint.
Police spoke to the girl, who said that on two occasions, Moss put his hand down her pants and touched her buttocks, according to the complaint. On one occasion, while looking at Moss’ family photos on his computer, she saw a pornographic picture of an adult man with children, according to the complaint.
At last week’s motion hearing, Koss explained a joinder is the joining of two or more crimes together and can legally be allowed if the charges are similar in nature.
Koss reviewed the timeline of charges Moss is facing, beginning with possession of child pornography, which was then pre-dated by the sexual assault charge as a result of the investigation. The bail jumping charge came later, as a result of Moss having contact with children, according to court records.
Koss said he would not grant joining the bail jumping charge with the sexual assault and possession of child pornography charges “because of the prejudice that may be there. On the others, I will join them. I think, frankly, it would be biased to not joinder in this case.”
Also discussed at the Jan. 9 hearing was a request from Moss’ attorney, Jenelle Glasbrenner, for another status hearing to be scheduled prior to the trial. Koss asked Glasbrenner why the defense would need another one.
“I’d like to at least discuss what a trial would look like. I mean, we have an expert witness we’ll need to bring up to speed. If we have to set a status hearing and a trial, we can do that,” Glasbrenner said.
Koss said he would not set a status hearing because both attorneys, Glasbrenner along with Haley Jo Johnson, representing the state, are experienced “and know to bring items of discovery to me, or, if a resolution is reached, will let me know that.”
A five-day trial for Moss for the sexual assault and possession of child pornography charges is set to begin July 10. A final pre-trial was scheduled for July 3.
