People v. Raffaelli

PIERCE, Judge.

Defendant, Robert J. Raffaelli, appeals from a conviction of child abuse, challenging the admissibility of several out-of-court statements made by his wife. We reverse.

Defendant’s two-month-old daughter was admitted to a hospital after she suddenly stopped breathing and lapsed into a coma. She died several days later without regaining consciousness. An autopsy established the cause of death to be a significant sub-dural hematoma. There were no apparent external injuries.

At trial, defendant’s wife asserted her Fifth Amendment right to remain silent. The prosecution presented a…