First Judicial Deputy District Attorney Kent Wahlquist has dismissed charges of criminal sexual penetration of a child under 13, criminal sexual contact of a minor and contributing to the delinquency of a minor against Carl “Wayne” Mosley, 67, of Los Alamos.
Mosley was arrested Nov. 15 following an investigation conducted by Los Alamos Police Det. Matt Lyon, Child Youth and Families Department representatives and a forensic interviewer.
Court documents indicate that Mosley advised Lyon that he had penetrated the victim with his thumbs.
District Attorney Marco Serna told the Los Alamos Daily Post Monday morning that his office had staffed the case among several attorneys and found there was no admission by Mosley to sexual contact and no actual disclosure by the victim of any misconduct by Mosley during three interviews with the forensic interviewer.
Serna said when attorneys in his office listened to the recording of Lyon’s interview with Mosley, they heard Mosley say he went to catch the girl when she was falling and penetrated her with a thumb but that he did not say it was sexual contact.
Det. Lyon’s criminal complaint states, “After advising Carl several times to tell the truth, Carl advised that he had penetrated (the victim) with his thumbs. Carl advised he had picked (the victim) up to get on top of the counters. Carl advised me when he went to pick her up he had both hands on (her) butt cheeks… Carl stated during this one time (she) started to fall and he attempted to catch her. Carl said he could not remember that good but felt his thumbs ‘get surrounded by flesh’. Carl advised later he knew one thumb entered her vaginal area and the other felt like her (anus)”.