Lindsay Johnson, a 33-year-old night nanny accused of aggravated child abuse, will remain in the Summit County Jail without bail as prosecutors decide whether to retry her case after a deadlocked jury led to a partial mistrial earlier this week.
Johnson was arrested in late 2024 after a 6-week-old child in her care was admitted to Intermountain Health Primary Children’s Hospital with brain injuries, broken ribs and a broken femur. She was charged with eight counts of aggravated child abuse, a second-degree felony.
Skye Lazaro, Johnson’s defense attorney, filed a motion to reconsider Johnson’s bail shortly after Third District Judge Richard Mrazik announced the partial verdict on Monday. Lazaro argued that the verdict had introduced “material changes” to the case that warranted Johnson’s release.
Specifically, she recommended Johnson return to Waterbury, Vermont, to live with Bernadette and Eric Bloom, two family friends who have known Johnson for 20 years. In a letter to the court, Bernadette emphasized Eric’s 25-year career with the U.S. Army and said he would be home with Johnson daily to ensure she complies with court orders.
Lazaro also suggested finding permanent housing for Johnson in Utah if crossing state lines remained an issue. Samantha Abare, another friend of Johnson’s from Vermont, told the judge she would sign a lease on an apartment and financially support Johnson if she were required to stay in Utah.
However, prosecutors in a detention hearing on Tuesday said they will likely initiate a second jury trial and requested Johnson be held without bail.
Lazaro argued there were other solutions to monitoring Johnson besides detaining her in jail, including frequent visits with probation officers, but Mrazik disagreed. He said there were “not any less restrictive means at this time” and denied the request, according to court documents.
Summit County jurors struggled to reach a verdict in Johnson’s case and deliberated for most of Friday and Monday after three full days of testimony. They found her not guilty on five of the eight felony charges she faced. The other three counts resulted in a mistrial because the jury did not reach a unanimous decision.
All eight charges were for aggravated child abuse, but each count was tied to a specific injury on the child. The three counts that resulted in a mistrial encompassed the infant’s head injury and two rib fractures.
The Summit County Attorney’s Office may seat a second jury to determine if Johnson is guilty or not guilty of those three counts at a later date.
Summit County prosecutors during the first trial called a team of doctors to the stand, who testified about treating the child at the time of the incident throughout the weeklong jury trial. They spoke about the specific trauma the infant experienced and how injuries may appear differently in babies than an adult would expect.
For example, one doctor said “shaken baby syndrome,” or head trauma caused by shaking or roughhousing with an infant, often appears as internal injuries, so parents or caregivers may not see visible bruising, cuts or other signs of harm.
Johnson’s defense attorneys relied on similar arguments, saying the baby, who was born prematurely and struggled with other health issues before the alleged abuse, could have been unknowingly injured at an earlier point in time, with symptoms presenting themselves after Johnson’s overnight shift with the child.
Johnson also took the stand to testify in her defense. She emphasized her attachment to the children she cares for and said her role as a night nanny is to provide support to families. She denied all allegations of harming the baby.
Her next court hearing is a pretrial conference scheduled for 1:30 p.m. on May 29.