State v. Weaver

Mary Weaver (defendant), a babysitter, was convicted of first-degree murder after 11-month-old Melissa Mathes died of injuries consistent with shaken baby syndrome while in Weaver's care; a first trial ended in a hung jury, and a second bench trial resulted in conviction. Weaver later sought a new trial based on multiple affidavits stating that the child's mother, Tessia Mathes, told various people the baby had hit her head on a coffee table around the time of the incident. The district court found the affidavits admissible as trustworthy hearsay under Iowa Rule of Evidence 803(24) and granted a new trial; the state appealed, arguing the statements were unreliable given the time lapse, media coverage, and coordination among the affiants.