Jeffrey Farrey could face harsher sentence than wife, Jenna

Jeffrey Farrey’s defense attorney, Joe Spencer, says it’s possible for Farrey to receive a longer sentence than Jenna Farrey in connection to the death of their 5-month-old son Jackson.

Spencer says this is possible even though he says Jenna was the one responsible for Jackson’s death.

Jeffrey has been charged with Injury to a Child by Omission and could be sentenced to life in prison if convicted. He is scheduled to go to trial in October.

On Wednesday, Sept. 2, Jenna pleaded guilty to Injury to a Child by Omission and was sentenced to 35 years in prison. She is eligible for parole after serving half of her sentence.Jenna pleaded guilty in 2012 to child endangerment for leaving her son, Blake, home alone that year.

Jeffrey, Jenna,, and their children, 20-month-old Blake and Jackson were reported missing Nov. 15, 2013 in El Paso.

All but Jackson were found in an Escanaba, Michigan motel on Nov. 17, 2013.

Court documents state that in fall 2013, Jeffrey and Jenna say they found their 5-month-old baby, Jackson, unresponsive and neither sought medical attention for the baby.

The court documents also state that the Farreys told investigators that Jackson was “dead and buried somewhere in the desert in El Paso or New Mexico.”

Jackson’s body was found Nov. 20, 2013 near Orogrande, New Mexico, just north of El Paso.

The jury reviewing Jeffrey’s case will not have any knowledge of his wife’s sentencing, which could result in him serving more time, Spencer told ABC-7 Friday.

“I mean, if you are asking me if this is a fair sentence, I think that it is a fair sentence,” Spencer said. “She is a young girl. She did not intentionally take the life of the baby. She was neglectful, she was reckless, she was negligent, (and) she was careless. She did not act how a mother would have acted and I think that’s going to be an appropriate… it wasn’t an intentional act on her part.”

Spencer said Jeffrey is relieved Jenna is accepting responsibility for her actions but Spencer added that the jury reviewing Jeffrey’s case will not know about Jenna’s punishment.

“It’s not fair and you are asking me, ‘could it happen?’ And sure it could happen. That is going to be up to the wisdom of the jury selected and that is going to be the herculean task ahead of us. We still at the end of the day have a dead baby. Did jeffrey do everything in his power to prevent that? I think he did a lot but Jenna had a lot of control and was responsible as the major caretaker of that child.”

Spencer said Jenna has reached out to Jeffrey several times but he has not responded.

Blake, the couple’s other son, is now in the custody of Jeffrey’s parents, according to Spencer.