Jeffrey Farrey's court appointed attorney said his client is as much a victim as the couple's baby, Jackson.
High-profile defense lawyer, Joe Spencer, in an exclusive interview with ABC-7 on Thursday, said Jeffrey Farrey is "distraught" and "disappointed."
"He's lost a child," said Spencer.
Jeffrey Farrey, 22, is on suicide watch at the El Paso County Jail after being extradited from Michigan, where he and wife Jenna Farrey were found Sunday.
Wednesday, investigators discovered what appeared to be the remains of the couple's 5-month old child, Jackson Farrey, in the New Mexico desert.
Spencer said he's concerned about Jeffrey's "mental state and well being."
Spencer said Jeffrey was not aware of child abuse because there were no blatant, physical signs of it on his children. "During this period of time, he was deployed in Afghanistan. So the prior CPS (Child Protective Services) incident with Jenna, it's while he was in Afghanistan so he was ignorant to many of these issues. I can tell you he is as much of a victim as that child."
Spencer will attempt to convince a judge to reduce Jeffrey's $1.5 million bond once a hearing is set.
The attorney emphasized Jeffrey has no criminal history. The young Army soldier has never been arrested and has military commendations.
Jeffrey Farrey is charged with injury to a child by omission. The state alleges he had a responsibility to protect his children but failed to do so or did not seek medical help when he should have.
The local daycare where Jenna Farrey took the couple's older baby said the 19-month old would often be dropped off with the same diaper on that the daycare had put on him the prior day.
"In hindsight, maybe he should have been more proactive. If there would have been anything visible, I think he would have done that. The fact that I don't believe there were any physical markings on the child - that would have been some indication that there was an issue, had he been a little more proactive there - maybe he wouldn't be here but it's very easy in hindsight to say what we should have done," said Spencer.