A northern Cochise County couple charged last summer with felony child abuse for allegedly exposing their one-year-old son to methamphetamine, morphine, and other illicit drugs might not stand trial until late this year, if a judge grants a request filed by the boy’s mother.
Jennifer R. Lusterino, age 28, and Jonathon B. Lusterino, age 32, were indicted in July 2021 with one count each of Child Abuse, a Class 2 felony. The charges stem from a test of the boy’s hair follicle which came back positive for meth and morphine, as well as metabolites of cocaine and heroin.
The indictment notes the couple “intentionally or knowingly caused or permitted” the son to be injured or endangered in June 2021 “under circumstances likely to produce death or serious physical injury.” Due to the boy’s age, the grand jury designated the offense as a dangerous crime against children, which typically carries more severe prison terms.
Both defendants are out of custody pending a trial date which has not yet been announced. This Friday, Jennifer Lusterino and her court-appointed attorney will be at Cochise County Superior Court to argue in support of a motion to have the abuse cases designated as complex.
“There are law enforcement, civilian, and forensic witnesses, DCS and CPS witnesses, laboratory personnel, expert witnesses from a private out of state lab, and criminalists that will need to be interviewed in anticipation of their trial testimony,” the motion by Deputy Public Defender Cynthia Brubaker states. “Time is needed to accomplish all of the above.”
If Judge Jason Lindstrom grants the motion, the speedy trial deadline will be extended by three months. That would push a jury trial to late 2022. The Cochise County Attorney’s Office does not object to the complex designation, according to Brubaker.
But the child abuse charge is not Jennifer Lusterino’s only legal concern at the moment.
Earlier this year she was indicted on three felonies related to burglary and trafficking in stolen property. A pretrial conference is slated in that case for April 15 with a speedy trial deadline of Aug. 24. Jennifer Lusterino’s co-defendant in the burglary case is Kayla Marie Jones.
Meanwhile, Jonathon Lusterino was arrested last week for suspicion of domestic violence assault. He was released from the Cochise County jail a few days later. As of press time formal charges have not been filed in that incident.
Public records show Jonathon Lusterino served a 4.5-year prison term a 2010 drug offense.
