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A judge on Wednesday reduced bail for a 41-year-old middle school cafeteria worker accused of having sex with a 16-year-old boy, in part because the case is on hold while prosecutors contest a prior ruling by the court.
Bail for 41-year-old Jamie Lynn Greenwood had been set at $250,000, but 3rd District Judge Robert Adkins reduced the amount to $10,000, in conjunction with supervision by Pretrial Services.
While free, Greenwood — who is charged with felony counts of rape, forcible sodomy and forcible sexual abuse —must also obtain a psychosexual evaluation at her own expense and have no unsupervised contact with anyone under the age of 18.
The case is on hold due to a legal battle over the woman's desire for a judge to hear the evidence, rather than a jury.
Greenwood was set to go to trial by jury earlier this month when she and her attorney asked Adkins to hear the case instead.
Prosecutors objected, noting that a Utah court rule requires all felony cases to be tried by jury unless the prosecution consents to a bench trial and the judge approves the change. Prosecutors also cited three cases in which the Utah Supreme Court determined a defendant has no constitutional right to a bench trial.
But Adkins granted the defense's request, citing a U.S. Supreme Court case that appears to make an exception to the general rule under "some circumstances."
In a written ruling, Adkins wrote that "the cumulative impact" of several factors had created just such "an unusual circumstance" as was envisioned by the high court. The judge noted "the nature of the case, the publicity this case has received, and the fine line between the offenses charged and lesser included offenses which the court had agreed to consider."
Prosecutors immediately appealed Adkins' ruling, and the Utah Supreme Court has temporarily stayed the case while deciding whether to delve deeper into the issue.
Attorneys told the judge that it the high court accepts the appeal, any trial could be delayed by months.
Adkins set a review hearing on Oct. 15.