People v. Swope CA3

I. BACKGROUND

We dispense with a detailed recitation of the facts because it is unnecessary to the issues on appeal. For context, however, we explain that Doe’s mother testified at trial. She said she had been married to defendant for several years when she gave birth to Doe on November 5, 2016. She and defendant have a daughter who was about two and half

2 years old when Doe was born. On the morning of December 18, 2016, defendant’s wife found Doe in his crib, not breathing. Three days later, defendant received a telephone call from El Dorado County Sheriff’s detectives who wanted defendant and his wife to come in to go over more paperwork related to Doe’s death. Defendant’s father-in-law drove the couple to the sheriff’s substation where detectives interviewed them separately. The detectives told defendant’s wife that her baby had died from a head injury and that he had 14 broken ribs. At this point, she told the detectives that defendant was rough with the baby and the baby was not his. The detectives asked her if they could put her and defendant in a room together to see what was said. A video recording of defendant’s interview with detectives and his discussion with his…