State of Iowa v. Matthew Joseph Elliott
2011 Iowa Sup. LEXIS 96
| Iowa | 2011Background
- Alexis Gilbert was born June 5, 2007; Elliott moved in with Kristina, Ben, and Alexis after Alexis’s birth in Urbandale.
- Alexis sustained fatal head injuries in January 2008 during the time Elliott lived in the home; investigators initially focused on Kristina’s upstairs bedroom.
- Detective Castelline interviewed Ben around 12:30 p.m. on January 21; Ben’s account contained discrepancies with other statements.
- The investigation focus shifted toward the living room after the inconsistencies between Ben’s interview and others’ accounts.
- At trial the State sought to admit Ben’s statements via deposition/recall; the court limited this to explaining why the focus changed, not proving the facts.
- The jury was instructed that Ben’s statements were to explain investigation changes; the court addressed a jury question about whether the detective’s final testimony could be evidence of facts in dispute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hearsay ruling on Detective Castelline’s testimony about Ben’s interview | State argued it explained investigation focus | Elliott argued it was improper hearsay | Hearsay; prejudicial error not harmless. |
| Alternative admissibility theories for Ben’s interview | State contends Rule 5.612/5.801(d)(1)(A)/5.803(5) could render error harmless | Elliott contends these rules anyway violate confrontation rights | Not harmless; cannot save the error. |
| Exclusion of founded 2003 child abuse investigation involving Matthew | State would use evidence of prior acts under Rule 5.404(b) if retrial | Elliott argues relevance and balancing must be considered | Remand for retrial; apply Rule 5.404(b) balancing. |
Key Cases Cited
- State v. Doughty, 359 N.W.2d 439 (Iowa 1984) (limits on officer testimony recounting victim statements)
- State v. Johnson, 272 N.W.2d 480 (Iowa 1978) (trustworthiness of corroborating hearsay evidence governs harmless error)
- State v. Webb, 309 N.W.2d 404 (Iowa 1981) (multiplicity of corroborating evidence can render hearsay harmless)
- State v. Horn, 282 N.W.2d 717 (Iowa 1979) (corroborating testimony lacking trustworthiness may fail to save error)
- State v. Sullivan, 679 N.W.2d 19 (Iowa 2004) (rules for admissibility of other-acts evidence; balancing test)
- State v. Taylor, 689 N.W.2d 116 (Iowa 2004) (noncharacter theory; balancing of probative value vs. prejudice)
- State v. Redmond, 803 N.W.2d 112 (Iowa 2011) (explicit balancing findings encouraged in Rule 5.609(a)(1) analysis)
- Bayles v. State, 551 N.W.2d 600 (Iowa 1996) (limiting instructions may not cure prejudice in certain cases)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (Confrontation Clause limits on testimonial hearsay)