Crime Stories with Nancy Grace. According to witnesses, Mommy is all dolled up, taking countless selfies and singing into her iPhone while her top son, just three years old, drowns, and tonight she's suing the water park. Good evening, I'm Nancy Grace. This is Crime Stories. Thank you for being with us. The water park just got sued. But according to witnesses, Mommy was in a completely different area, left her son alone for over an hour while she took selfies and sang into her iPhone. I never thought about putting on a mouthful of red lipstick to go to the water park with the twins, but to each her own. Joining us an all star panel to make sense of what we are hearing right now, this is what we understand as to how the day started.

Crime Stories with Nancy Grace. According to witnesses, Mommy is all dolled up, taking countless selfies and singing into her iPhone while her top son, just three years old, drowns, and tonight she's suing the water park. Good evening, I'm Nancy Grace. This is Crime Stories. Thank you for being with us. The water park just got sued. But according to witnesses, Mommy was in a completely different area, left her son alone for over an hour while she took selfies and sang into her iPhone. I never thought about putting on a mouthful of red lipstick to go to the water park with the twins, but to each her own. Joining us an all star panel to make sense of what we are hearing right now, this is what we understand as to how the day started.

It's a beautiful Mother's Day weekend when Jessica Weaver and her three year old son Anthony arrive at El Paso's Camp Cohen water Park. The little boy is playing in a four feet deep section of the pool while his mother is lying out in the sun. Jessica entertains herself with her phone while Anthony is seen eating chips and spitting them out in the water as he plays. His mother doesn't seem to notice or care as other parents get frustrated at the disgusting addition to the water.

It's a beautiful Mother's Day weekend when Jessica Weaver and her three year old son Anthony arrive at El Paso's Camp Cohen water Park. The little boy is playing in a four feet deep section of the pool while his mother is lying out in the sun. Jessica entertains herself with her phone while Anthony is seen eating chips and spitting them out in the water as he plays. His mother doesn't seem to notice or care as other parents get frustrated at the disgusting addition to the water.

Joining me and All Star panel straight out to Elaine Aadiaz investigative reporter, Alaine, thank you for being with us. Okay, So, the first sign of trouble was when all the other moms see the little three year old spitting his food back into the water.

Joining me and All Star panel straight out to Elaine Aadiaz investigative reporter, Alaine, thank you for being with us. Okay, So, the first sign of trouble was when all the other moms see the little three year old spitting his food back into the water.

Right.

Right.

In fact, one mother actually called the police and reported this, this is not something you want to endure after spending all this money to go into a water park have a good time, you have an expectation of clean water.

In fact, one mother actually called the police and reported this, this is not something you want to endure after spending all this money to go into a water park have a good time, you have an expectation of clean water.

You know, although when you know there are a bunch of children in the water, I mean aligne. They all tete in the pool. So I'm not sure what potato chips spit back in the water, how that's going to change anything. But it's very overt that the child is there. It's not the child's fault. And how long did that go?

You know, although when you know there are a bunch of children in the water, I mean aligne. They all tete in the pool. So I'm not sure what potato chips spit back in the water, how that's going to change anything. But it's very overt that the child is there. It's not the child's fault. And how long did that go?

Well, go ahead, I mean, I think that's a good example.

Well, go ahead, I mean, I think that's a good example.

That his mother was not monitoring him, right, Because yes, it is a huge water park, has a capacity of you know, hosting fourteen hundred people, and so you know, kids are having a good time, But where was Jessica Weaver, the boy's mother, while this is happening, And so you know, he's out there plane and she's on her phone the entire time, according to witnesses.

That his mother was not monitoring him, right, Because yes, it is a huge water park, has a capacity of you know, hosting fourteen hundred people, and so you know, kids are having a good time, But where was Jessica Weaver, the boy's mother, while this is happening, And so you know, he's out there plane and she's on her phone the entire time, according to witnesses.

You know align On Idias joining us high profile investigative reporter Aligne. When the children, my twins were taughts, I remember specifically being at Disney and I think they have something called typhoon, lagoon something like that, and every X number of seconds waves come out. They actually make waves, and I kept telling them no, no, no, no, you can't go there. They wanted to get in so badly. I was a nervous wreck watching the trying to watch two at the same time when those waves would come. The thought of them being alone in the water, I mean to Karen started joining me, our renowned psychologists joining us from the Manhattan Jurisdiction, TV radio trauma expert. I guess that's a personal fear because I had a water accident as a young girl and almost drowned. That said, don't we as humans have an innate fear of the water where we're kind of on our guard.

You know align On Idias joining us high profile investigative reporter Aligne. When the children, my twins were taughts, I remember specifically being at Disney and I think they have something called typhoon, lagoon something like that, and every X number of seconds waves come out. They actually make waves, and I kept telling them no, no, no, no, you can't go there. They wanted to get in so badly. I was a nervous wreck watching the trying to watch two at the same time when those waves would come. The thought of them being alone in the water, I mean to Karen started joining me, our renowned psychologists joining us from the Manhattan Jurisdiction, TV radio trauma expert. I guess that's a personal fear because I had a water accident as a young girl and almost drowned. That said, don't we as humans have an innate fear of the water where we're kind of on our guard.

Well, it's not natural for us to just dive in the water. And usually when you're very young, unlike what happened to you, Nancy, you wind up taking away that fear goes away. You learn how to slim or be in the water, to do something that keeps you alive. However, in this situation, we're talking about a three year old and a parent that's not being vigilant, and that goes against that innate desire to protect your child and make sure they're not.

Well, it's not natural for us to just dive in the water. And usually when you're very young, unlike what happened to you, Nancy, you wind up taking away that fear goes away. You learn how to slim or be in the water, to do something that keeps you alive. However, in this situation, we're talking about a three year old and a parent that's not being vigilant, and that goes against that innate desire to protect your child and make sure they're not.

Going to be in danger.

Going to be in danger.

You know, we're learning a lot about what witnesses are saying, but listen to this.

You know, we're learning a lot about what witnesses are saying, but listen to this.

The fun sounds of children playing at Camp Cohen water Park is interrupted by lifeguard's blowing whistles telling everyone to get out of the pool. An unconscious boy not wearing a life jacket is pulled out of a four foot deep section of water. Multiple signs at Camp Cohen state that children six and younger must be directly attended by a swimming adult at all times, and must be supervised by an adult within arms reach. Parents gather around as guards, but again life saving measures, but the victim's parents aren't found.

The fun sounds of children playing at Camp Cohen water Park is interrupted by lifeguard's blowing whistles telling everyone to get out of the pool. An unconscious boy not wearing a life jacket is pulled out of a four foot deep section of water. Multiple signs at Camp Cohen state that children six and younger must be directly attended by a swimming adult at all times, and must be supervised by an adult within arms reach. Parents gather around as guards, but again life saving measures, but the victim's parents aren't found.

You know another thing. Eric Fattus joining me, criminal defense attorney, civil litigator founding partner Varner fattest Elite Legal. Eric, you know you can't judge a book by its cover. Not judging, don't care. I have seen defendants that are gorgeous and beautiful. I've seen them looking like they have just rolled out from under a bridge or just rolled out of bed. I've seen all sorts of defendants, but that is certainly a look for the water park. A mouthful of red lipstick, the long fake nails, the face full of makeup, the sunglasses back on the hair. I'm not going to refer to her declotage. That's none of my business. But Eric, it doesn't look like she ever intended to get in the water.

You know another thing. Eric Fattus joining me, criminal defense attorney, civil litigator founding partner Varner fattest Elite Legal. Eric, you know you can't judge a book by its cover. Not judging, don't care. I have seen defendants that are gorgeous and beautiful. I've seen them looking like they have just rolled out from under a bridge or just rolled out of bed. I've seen all sorts of defendants, but that is certainly a look for the water park. A mouthful of red lipstick, the long fake nails, the face full of makeup, the sunglasses back on the hair. I'm not going to refer to her declotage. That's none of my business. But Eric, it doesn't look like she ever intended to get in the water.

Well, you know, in looking at her appearance, you know that could just mean that she likes to be presentable when she goes out. Look, she's a woman in her thirties, she's a single mother. She was just going to get a reprieve of being a single mother by entrusting the care of her child to this amusement park. And then lo and behold, here we are. I think there's another story here.

Well, you know, in looking at her appearance, you know that could just mean that she likes to be presentable when she goes out. Look, she's a woman in her thirties, she's a single mother. She was just going to get a reprieve of being a single mother by entrusting the care of her child to this amusement park. And then lo and behold, here we are. I think there's another story here.

Eric, question, do you have children?

Eric, question, do you have children?

I do not?

I do not?

Uh?

Uh?

Okay, yeah, because what you just said is completely crazy. You just said taking your child to a water park is a reprieve for her? Hl n No, uh huh. I've never been more freaked out in my life than when I have the children at a water park. Not now, but when they were this age. One time I dove into the water while the twins were with the swimming instructure. The instructor had John David Lucy's screen. Mommy, I was fully dressed. I just got off h ol Anthropete's say straight in choose the works. What do you mean taking your child to a water park is a reprieve for mommy. I've never been so jacked up in my life. I might as well have been trying to triple homicide. Then seeing those two in the water and it's my duty to watch them. You think I trust some sixteen year old boy to save my child? No, what are you talking about?

Okay, yeah, because what you just said is completely crazy. You just said taking your child to a water park is a reprieve for her? Hl n No, uh huh. I've never been more freaked out in my life than when I have the children at a water park. Not now, but when they were this age. One time I dove into the water while the twins were with the swimming instructure. The instructor had John David Lucy's screen. Mommy, I was fully dressed. I just got off h ol Anthropete's say straight in choose the works. What do you mean taking your child to a water park is a reprieve for mommy. I've never been so jacked up in my life. I might as well have been trying to triple homicide. Then seeing those two in the water and it's my duty to watch them. You think I trust some sixteen year old boy to save my child? No, what are you talking about?

Man?

Man?

You know, getting a break from single mother does not mean that that you just completely ignore the child's well being in safety.

You know, getting a break from single mother does not mean that that you just completely ignore the child's well being in safety.

That's not what I'm saying. What I'm saying is every single mother every year. It is entitled what.

That's not what I'm saying. What I'm saying is every single mother every year. It is entitled what.

Are you saying getting a break from being a mom at a water park?

Are you saying getting a break from being a mom at a water park?

I'm saying that everyone is entitled to a little breather here and there, and a common activity would be to take your child to some amusement facility like this, and that's not unreasonable to me.

I'm saying that everyone is entitled to a little breather here and there, and a common activity would be to take your child to some amusement facility like this, and that's not unreasonable to me.

Eric, you know you're not gonna get away from saying this was a reprieve for mommy, But I'm gonna give you a moment to regroup and gather your thoughts. Joining me, Doctor Tom Griffiths joining us from State College in Pennsylvania, Drowning Expert, President, founder Aquatic Safety Research Group, co host of The Drowning Files. Okay, that just scared the crap out of me, The Drowning Files, Doctor Tom's Lifeguard Vision app author of Doctor Tom's Lifeguard Chronicles, Safer Beaches, Better Beaches, and the complete swimming pool Reference. It goes on and on, Doctor Tom Griffith, thank you for being with us. Can you understand what Eric Fattis just said? Because if he says that in front of the civil jury, they're gonna laugh him straight out of the courtroom. Mommy had a reprieve, got a break from being a single mom by dumping her child at a water park and then singing into the cell phone and taking selfies. Uh huh.

Eric, you know you're not gonna get away from saying this was a reprieve for mommy, But I'm gonna give you a moment to regroup and gather your thoughts. Joining me, Doctor Tom Griffiths joining us from State College in Pennsylvania, Drowning Expert, President, founder Aquatic Safety Research Group, co host of The Drowning Files. Okay, that just scared the crap out of me, The Drowning Files, Doctor Tom's Lifeguard Vision app author of Doctor Tom's Lifeguard Chronicles, Safer Beaches, Better Beaches, and the complete swimming pool Reference. It goes on and on, Doctor Tom Griffith, thank you for being with us. Can you understand what Eric Fattis just said? Because if he says that in front of the civil jury, they're gonna laugh him straight out of the courtroom. Mommy had a reprieve, got a break from being a single mom by dumping her child at a water park and then singing into the cell phone and taking selfies. Uh huh.

Unfortunately, Eric is right in some ways that's the biggest fear of lifeguards and water park managers. Parents come to the facility assuming that the lifeguards are perfect and they are going to guarantee patron safety. But lifeguards, no matter how well trained they are, no matter how vigilant they are, they can't watch every child all the time. They can only watch one child at a time. So in this case, you're using human beings to watch other human beings, and this woman was not watching apparently based upon eyewitness accounts. And the lifeguards are looking, but sometimes they're not seeing. Even the best trains lifeguards, we wouldn't be here today if the child was in a properly fitting coast Guard a proof life jackets. We've never found a single child drowning in a water park who is wearing a properly fitting coast Guard approved life jacket.

Unfortunately, Eric is right in some ways that's the biggest fear of lifeguards and water park managers. Parents come to the facility assuming that the lifeguards are perfect and they are going to guarantee patron safety. But lifeguards, no matter how well trained they are, no matter how vigilant they are, they can't watch every child all the time. They can only watch one child at a time. So in this case, you're using human beings to watch other human beings, and this woman was not watching apparently based upon eyewitness accounts. And the lifeguards are looking, but sometimes they're not seeing. Even the best trains lifeguards, we wouldn't be here today if the child was in a properly fitting coast Guard a proof life jackets. We've never found a single child drowning in a water park who is wearing a properly fitting coast Guard approved life jacket.

No are Tom Griffins. I know you've written all these books about swimming, but I think that's total bas to say that people go into a water park assuming they don't have responsibility for their own three year old child.

No are Tom Griffins. I know you've written all these books about swimming, but I think that's total bas to say that people go into a water park assuming they don't have responsibility for their own three year old child.

They parents subconsciously rely upon the lifeguards. Not all parents, many parents are great. In fact, most parents are great. But when you see these professionally dressed and very active lifeguards pointing and blowing their whistles, you're assume that you have this layer of protection that's impenetrable, and it's not. No one's perfect. Whenever you have human beings watching other human beings, we're gonna miss some. But most parents are good, vigilant parents like you certainly were with your children. But not everyone is like that. And so Eric does speak or address some of those adults.

They parents subconsciously rely upon the lifeguards. Not all parents, many parents are great. In fact, most parents are great. But when you see these professionally dressed and very active lifeguards pointing and blowing their whistles, you're assume that you have this layer of protection that's impenetrable, and it's not. No one's perfect. Whenever you have human beings watching other human beings, we're gonna miss some. But most parents are good, vigilant parents like you certainly were with your children. But not everyone is like that. And so Eric does speak or address some of those adults.

Okay, well we'll see if jury agrees with doctor Tom Griffiths and Eric fattest. I will say this Fattest, and just because it is done doesn't mean it should be done. And I go uh with the twins to our community pool. I see a whole string of drunk moms. Now I don't even see any dads anywhere. I don't know where they are, but I see a string of drunk moms almost asleep getting a sun tan. I guess I don't know the sun causes cancer. But that said, and all the children are in the pool. I mean, I feel like I have to watch them. But just because they do that doesn't mean it's right.

Okay, well we'll see if jury agrees with doctor Tom Griffiths and Eric fattest. I will say this Fattest, and just because it is done doesn't mean it should be done. And I go uh with the twins to our community pool. I see a whole string of drunk moms. Now I don't even see any dads anywhere. I don't know where they are, but I see a string of drunk moms almost asleep getting a sun tan. I guess I don't know the sun causes cancer. But that said, and all the children are in the pool. I mean, I feel like I have to watch them. But just because they do that doesn't mean it's right.

It doesn't, but it doesn't necessarily mean it's criminal either.

It doesn't, but it doesn't necessarily mean it's criminal either.

That's the distinction.

That's the distinction.

There are varying levels of attention that a parents may give this in this scenario, the criminal law does not require them to be super superman and superwoman parents. And that's just not what the legal threshold is.

There are varying levels of attention that a parents may give this in this scenario, the criminal law does not require them to be super superman and superwoman parents. And that's just not what the legal threshold is.

We look at you. They don't have to be super mom to keep your eyes open and off your cell phone, to watch your child in the water over its head. That's that's not super mom. That is a normal mom. That's a responsible mom.

We look at you. They don't have to be super mom to keep your eyes open and off your cell phone, to watch your child in the water over its head. That's that's not super mom. That is a normal mom. That's a responsible mom.

Well, I saw in that video you played earlier where mother Jessica Weaver, moments before her child died, apparently was filming her child going down the slide, and so to say she was completely an attentive seems contradictory to the evidence.

Well, I saw in that video you played earlier where mother Jessica Weaver, moments before her child died, apparently was filming her child going down the slide, and so to say she was completely an attentive seems contradictory to the evidence.

Defense attorney Eric Fattus says, it's okay if mommy comes to a water park with her three year old child that obviously can't swim, for a reprieve, for a time out, for a respite for mommy to chill while her son paddles around in the water and drowns. Well, the district attorney disagrees.

Defense attorney Eric Fattus says, it's okay if mommy comes to a water park with her three year old child that obviously can't swim, for a reprieve, for a time out, for a respite for mommy to chill while her son paddles around in the water and drowns. Well, the district attorney disagrees.

Listen, there's numerous witnesses that have come forward who have given their account that they were there at the park, they were watching, they saw her not paying attention to her child, and that the child ended up drowning.

Listen, there's numerous witnesses that have come forward who have given their account that they were there at the park, they were watching, they saw her not paying attention to her child, and that the child ended up drowning.

Witness one said a woman matching Weaver's description was on her sitting outside of the pool for over an hour, saying she was never looking up or paying attention to anything. Witness too said she saw a boy without his mother and that she saw Weaver laying down and singing along to her phone for approximately seven minutes before the toddler was pulled out of the water. Witness iree said a woman matching Weaver's description encouraged the toddler to go into the pool before walking away and leaving the boy by himself.

Witness one said a woman matching Weaver's description was on her sitting outside of the pool for over an hour, saying she was never looking up or paying attention to anything. Witness too said she saw a boy without his mother and that she saw Weaver laying down and singing along to her phone for approximately seven minutes before the toddler was pulled out of the water. Witness iree said a woman matching Weaver's description encouraged the toddler to go into the pool before walking away and leaving the boy by himself.

Some of that from our friends at Kate Fox fourteen Crime Stories with Nancy Grace straight out to Elaine Autadiaz joining US investigative reporter, Elaine, all these witnesses are coming forward, what is your understanding of the timeline that happened that day?

Some of that from our friends at Kate Fox fourteen Crime Stories with Nancy Grace straight out to Elaine Autadiaz joining US investigative reporter, Elaine, all these witnesses are coming forward, what is your understanding of the timeline that happened that day?

So they go to the water park. It's a soft opening, which means they're kind of getting ready their big, you know, grand opening was going to be two weeks later for Memorial Day weekend, and so that day they go, there's about four hundred and sixty six people at this park, which actually holds one thy four hundred and sixty people. Now, the thing is she the mom goes, finds a lounge chair, hangs out, and this is witness after witness after witness tells investigators that she was not paying attention to her boy while he was going through the lazy river and the other thing.

So they go to the water park. It's a soft opening, which means they're kind of getting ready their big, you know, grand opening was going to be two weeks later for Memorial Day weekend, and so that day they go, there's about four hundred and sixty six people at this park, which actually holds one thy four hundred and sixty people. Now, the thing is she the mom goes, finds a lounge chair, hangs out, and this is witness after witness after witness tells investigators that she was not paying attention to her boy while he was going through the lazy river and the other thing.

To note a lazy river.

To note a lazy river.

Wait a minute, elne out Adias, did you say lazy river? Those currents are strong? What was this baby able to get into a lazy river? It's not lazy.

Wait a minute, elne out Adias, did you say lazy river? Those currents are strong? What was this baby able to get into a lazy river? It's not lazy.

It's lazy meaning you don't have to do any work because it will take you.

It's lazy meaning you don't have to do any work because it will take you.

The current takes you around and around.

The current takes you around and around.

And he did not have a life jacket, according to witnesses and police.

And he did not have a life jacket, according to witnesses and police.

And you know, at three years old.

And you know, at three years old.

There is a sign that says children under six should have life jackets.

There is a sign that says children under six should have life jackets.

So you know, again something that's going to be brought up in court. I'm sure you know.

So you know, again something that's going to be brought up in court. I'm sure you know.

Faddess Jackie here in the studio with me, saved two children at the pool when she was there with her little boy. When mommy's and dads weren't watching. I've saved one when mommy wasn't watching. Get you know where mommy was. She was on the side of the pool drinking alcohol in a big red solo cut. Okay, I could smell it. I say, not judging, but I am judging here because in this case, the child is dead. Did you hear what Elaine out Adiez just said. There are signs everywhere that says under six years old, your child must wear a life jacket.

Faddess Jackie here in the studio with me, saved two children at the pool when she was there with her little boy. When mommy's and dads weren't watching. I've saved one when mommy wasn't watching. Get you know where mommy was. She was on the side of the pool drinking alcohol in a big red solo cut. Okay, I could smell it. I say, not judging, but I am judging here because in this case, the child is dead. Did you hear what Elaine out Adiez just said. There are signs everywhere that says under six years old, your child must wear a life jacket.

Well, according to Jessica Weaver's attorney, the company actually prohibits people from bringing their own life jackets. You'd have to use the life jackets there. This was the first day of this place was open. It's unclear how many extra life jackets were available and what the process was for distributing those to people who enter. Perhaps they should have been distributed immediately upon entry.

Well, according to Jessica Weaver's attorney, the company actually prohibits people from bringing their own life jackets. You'd have to use the life jackets there. This was the first day of this place was open. It's unclear how many extra life jackets were available and what the process was for distributing those to people who enter. Perhaps they should have been distributed immediately upon entry.

That did not happen. And thank Kevin's you were there to save those kids.

That did not happen. And thank Kevin's you were there to save those kids.

That this company should hire you all as lifeguards because the lifeguards who were there failed in their role of protecting these jugs.

That this company should hire you all as lifeguards because the lifeguards who were there failed in their role of protecting these jugs.

I'm sorry, I can't do that. I'm busy dealing with you. Faddish Elaine Aidias, that's not true because according to not only the police investigation, but what the cityvale Passe was saying back, there were plenty of water jackets, right.

I'm sorry, I can't do that. I'm busy dealing with you. Faddish Elaine Aidias, that's not true because according to not only the police investigation, but what the cityvale Passe was saying back, there were plenty of water jackets, right.

There was a third of the people in there in the water park. So the city is claiming that there were more than enough life jackets, and the mother is saying that there were not.

There was a third of the people in there in the water park. So the city is claiming that there were more than enough life jackets, and the mother is saying that there were not.

Another witness saw Jessica Weaver sitting by the pool on the outside concrete area which separated the Lazy River and the jungle gym with a slide, and that Weaver was not in the water at any point and he never saw her with a child. What caught his attention was the way Weaver was acting, how she was all dulled up, sitting outside the pool on her phone and taking pictures the entire time he saw her. The man said, when the child was pulled out of the water, Weaver was still in the same spot and had not moved. She only got in the water after her son was pulled out.

Another witness saw Jessica Weaver sitting by the pool on the outside concrete area which separated the Lazy River and the jungle gym with a slide, and that Weaver was not in the water at any point and he never saw her with a child. What caught his attention was the way Weaver was acting, how she was all dulled up, sitting outside the pool on her phone and taking pictures the entire time he saw her. The man said, when the child was pulled out of the water, Weaver was still in the same spot and had not moved. She only got in the water after her son was pulled out.

I can tell you this, Eric fattasaw. You're a criminal defense attorney, boy, does she need one? The digital evidence in this case is going to be the steak in mommy's heart. Of course, she's presumed innocent if and until she is proven guilty in a court of law. But if this witness is correct, and I have no reason to believe all of these witnesses lined up against her, Okay, I love arguing that to the jury. What you believe him or her over the eight witnesses that don't even know her? Are they all lying and she's the only one telling the truth? Okay, you could argue that to a jury, But how are you going to argue fattest the digital evidence? And what I mean is when the alarm is raised, I guarantee you there's a time and accurate time as to when the child was first spotted face down in the water. They're going to take her phone, or they should take her phone and look at what time she was taking selfies. Did you see that selfie of her with a mouthful of red lipstick? Okay, that selfie didn't take itself. Okay, she's doing that. That's what's happening right there while her son is drowning. And they're going to match up the time that she was listening to music and singing into her iPhone and taking selfies. They're going to match it up to the exact time her little boy died.

I can tell you this, Eric fattasaw. You're a criminal defense attorney, boy, does she need one? The digital evidence in this case is going to be the steak in mommy's heart. Of course, she's presumed innocent if and until she is proven guilty in a court of law. But if this witness is correct, and I have no reason to believe all of these witnesses lined up against her, Okay, I love arguing that to the jury. What you believe him or her over the eight witnesses that don't even know her? Are they all lying and she's the only one telling the truth? Okay, you could argue that to a jury, But how are you going to argue fattest the digital evidence? And what I mean is when the alarm is raised, I guarantee you there's a time and accurate time as to when the child was first spotted face down in the water. They're going to take her phone, or they should take her phone and look at what time she was taking selfies. Did you see that selfie of her with a mouthful of red lipstick? Okay, that selfie didn't take itself. Okay, she's doing that. That's what's happening right there while her son is drowning. And they're going to match up the time that she was listening to music and singing into her iPhone and taking selfies. They're going to match it up to the exact time her little boy died.

That'll be an issue with which defense has to contend. But what was everyone else doing during that time too, that's also important, right, And it turns out some of the lifeguards were directed to be cooking churos and attending to the sour cream and making sure the place makes money. This is a matter of corporate greed that really infused this horrible set of circumstances and contributed substantially to what happened here. So certainly her phone is is a problem. But what these folks were doing in the concessions, these lifeguards, that's also a problem.

That'll be an issue with which defense has to contend. But what was everyone else doing during that time too, that's also important, right, And it turns out some of the lifeguards were directed to be cooking churos and attending to the sour cream and making sure the place makes money. This is a matter of corporate greed that really infused this horrible set of circumstances and contributed substantially to what happened here. So certainly her phone is is a problem. But what these folks were doing in the concessions, these lifeguards, that's also a problem.

I don't know that I would call her phone a problem. I don't think her phone was the problem. I think she's the problem. And you're saying, what about all the other people? Okay, Eric, I hope you don't mean passers by or other people lounging outside the pool with their own children, taking care of their own children. I assume you're saying that the lifeguards were the ones busy cooking truros. Is that what you're saying?

I don't know that I would call her phone a problem. I don't think her phone was the problem. I think she's the problem. And you're saying, what about all the other people? Okay, Eric, I hope you don't mean passers by or other people lounging outside the pool with their own children, taking care of their own children. I assume you're saying that the lifeguards were the ones busy cooking truros. Is that what you're saying?

According to Jesscuaver's attorney.

According to Jesscuaver's attorney.

Yes, okay. Can I ask you, do you believe that the lifeguards, according to her, that were in doing kitchen duty? Are responsible for Weaver not watching her child? You're saying the tot is their responsibility, not her responsibility.

Yes, okay. Can I ask you, do you believe that the lifeguards, according to her, that were in doing kitchen duty? Are responsible for Weaver not watching her child? You're saying the tot is their responsibility, not her responsibility.

What I'm saying is we're talking about, in the criminal law context, who caused this death, and but for these lifeguards not doing their job, they would have swooped in and done what they were paid to do, what they were ostensibly trained to do, although there's some question.

What I'm saying is we're talking about, in the criminal law context, who caused this death, and but for these lifeguards not doing their job, they would have swooped in and done what they were paid to do, what they were ostensibly trained to do, although there's some question.

I swear they got adequate training whatsoever.

I swear they got adequate training whatsoever.

And so we're talking about causation here, and we're talking about blame, and I think that we need to take a broader look at that when we're talking about all the actors involved and how this culminated into this orrible event.

And so we're talking about causation here, and we're talking about blame, and I think that we need to take a broader look at that when we're talking about all the actors involved and how this culminated into this orrible event.

Eric Fadas, this is a yes.

Eric Fadas, this is a yes.

No.

No.

Do you think I just fell off the turnip truck? No? Okay, that was wise because you are trying to mix civil law with criminal law. Causation and a nexus between actions and results are for civil liability. What we're looking at right here is mother's criminal activity, neglect and abandoning her child in a dangerous situation. Again, it's just like throwing you in the ring with a bunch of Rottwilers and saying have a nice day. And then singing along with your iPhone.

Do you think I just fell off the turnip truck? No? Okay, that was wise because you are trying to mix civil law with criminal law. Causation and a nexus between actions and results are for civil liability. What we're looking at right here is mother's criminal activity, neglect and abandoning her child in a dangerous situation. Again, it's just like throwing you in the ring with a bunch of Rottwilers and saying have a nice day. And then singing along with your iPhone.

Fancy.

Fancy.

Throughout the course of human history, there have been horrible accidents that happen to children while they're in their parents' care. Not every single one of those accidents is a prosecutable murder. Sometimes these are just horrible events that happen, and it's more appropriate to litigate them in the civil realm. And that's what the mother is trying to do with her lawsuit against the city of el Pass.

Throughout the course of human history, there have been horrible accidents that happen to children while they're in their parents' care. Not every single one of those accidents is a prosecutable murder. Sometimes these are just horrible events that happen, and it's more appropriate to litigate them in the civil realm. And that's what the mother is trying to do with her lawsuit against the city of el Pass.

Defense attorney Eric Fattis calls it mommy's time out, mommy's reprieve. Well, the district attorney calls it a first degree felony. Joining me now, special guest Doctor Thomas Coyne, Chief and Medical Examiner and District two in the state of Florida, which is packed with water parks, forensic pathologists, neuropathologist, toxicologists. You can find him at doctor tmcoin. Doctor Coin, thank you for being with us. You just heard Elaine Autodias report that the child, according to witnesses, was alone for about an hour, where other witnesses observed later identified to be mommy taking selfies, lying in the sun, singing into her iPhone and more anything but being with the boy an hour Dodger coin. How long does it take for someone to drown?

Defense attorney Eric Fattis calls it mommy's time out, mommy's reprieve. Well, the district attorney calls it a first degree felony. Joining me now, special guest Doctor Thomas Coyne, Chief and Medical Examiner and District two in the state of Florida, which is packed with water parks, forensic pathologists, neuropathologist, toxicologists. You can find him at doctor tmcoin. Doctor Coin, thank you for being with us. You just heard Elaine Autodias report that the child, according to witnesses, was alone for about an hour, where other witnesses observed later identified to be mommy taking selfies, lying in the sun, singing into her iPhone and more anything but being with the boy an hour Dodger coin. How long does it take for someone to drown?

Very fast? Actually, you know, for an adult, the loss of consciousness probably occurs that around a time when you can no longer hold your breath, So for adults that may take about three minutes, but for kids much faster than that, probably in around one and a half minutes. But that may even be faster if the child has in a panic and starts to aspirate or breathe in water, which will cause you know, a spasm of the larynx, preventing further breathing. So I mean it could possibly be seconds. But on the other hand, we're also assuming that this child was awake when it became submerged. But playing around in a water park like this is very common for a child to get concussed, elbowed by another child, fall comes down a slide, hits his head, so he maybe knocked unconscious and then become submerged, and then of course death probably occurs within three minutes. The heart will stop once not enough oxygen is going to the brain as well as at the heart.

Very fast? Actually, you know, for an adult, the loss of consciousness probably occurs that around a time when you can no longer hold your breath, So for adults that may take about three minutes, but for kids much faster than that, probably in around one and a half minutes. But that may even be faster if the child has in a panic and starts to aspirate or breathe in water, which will cause you know, a spasm of the larynx, preventing further breathing. So I mean it could possibly be seconds. But on the other hand, we're also assuming that this child was awake when it became submerged. But playing around in a water park like this is very common for a child to get concussed, elbowed by another child, fall comes down a slide, hits his head, so he maybe knocked unconscious and then become submerged, and then of course death probably occurs within three minutes. The heart will stop once not enough oxygen is going to the brain as well as at the heart.

Doctor coin. The state of Florida is dotted with water parks and pools for children. How many swimming deaths do you see a year approximately, Well, i'll tell you.

Doctor coin. The state of Florida is dotted with water parks and pools for children. How many swimming deaths do you see a year approximately, Well, i'll tell you.

In terms of our practice, it's the second leading cause of accidental death amongst children. We see a large volume of pool related deaths. Most of the cases we see are in home pools. You know, the classic story as a parent becomes distracted maybe with other children, allowing let's say a toddler to gain access to the outdoor Lenai, and then they fall into a pool. These are course of preventable deaths. In most cases, it's because the proper safety measures weren't in place. But yeah, unfortunately, every year in Florida, we see a large number of these unfortunate deaths.

In terms of our practice, it's the second leading cause of accidental death amongst children. We see a large volume of pool related deaths. Most of the cases we see are in home pools. You know, the classic story as a parent becomes distracted maybe with other children, allowing let's say a toddler to gain access to the outdoor Lenai, and then they fall into a pool. These are course of preventable deaths. In most cases, it's because the proper safety measures weren't in place. But yeah, unfortunately, every year in Florida, we see a large number of these unfortunate deaths.

Doctor Coin, we were talking about how long it takes for a person to drown, and you mentioned that the child could have been concussed or had fallen asleep in the sun after playing the water for so long. Let's pretend that he was not concussed and that he was not over exerted from playing by himself for so long in a typical drowning. How long does that take?

Doctor Coin, we were talking about how long it takes for a person to drown, and you mentioned that the child could have been concussed or had fallen asleep in the sun after playing the water for so long. Let's pretend that he was not concussed and that he was not over exerted from playing by himself for so long in a typical drowning. How long does that take?

Generally it would take around I say a child this age probably a minute to a minute and a half. And the reason being is because once the child goes into the water and becomes submerged, of course your initial reflex is to hold your breath, but then panic ensues. Your heart rate goes up and it's natural for you to try to take a breath, and water is aspirated into the mouth and that causes a reflex closing of your larynx which would stop breathing. And so that really the time to loss of consciousness is how much oxygen reserve does this child have. This child is very young, high metabolic rate, probably running around all day, so I would assume that this process is much smaller. So I would bet you probably in about a minute of being submerged too, lost consciousness and then just under the water waiting for someone to find him an extract.

Generally it would take around I say a child this age probably a minute to a minute and a half. And the reason being is because once the child goes into the water and becomes submerged, of course your initial reflex is to hold your breath, but then panic ensues. Your heart rate goes up and it's natural for you to try to take a breath, and water is aspirated into the mouth and that causes a reflex closing of your larynx which would stop breathing. And so that really the time to loss of consciousness is how much oxygen reserve does this child have. This child is very young, high metabolic rate, probably running around all day, so I would assume that this process is much smaller. So I would bet you probably in about a minute of being submerged too, lost consciousness and then just under the water waiting for someone to find him an extract.

Doctor Tom Griffiths agree or disagree?

Doctor Tom Griffiths agree or disagree?

Well, I agree with the doctor definitely. It can be as little as ninety seconds. Traditional drownings may take for adults four to six minutes. But it's he's spot on. It can happen in seconds and again anywhere from ninety seconds in my mind, to a longer period of four to six minutes. But younger kids usually go sooner than later.

Well, I agree with the doctor definitely. It can be as little as ninety seconds. Traditional drownings may take for adults four to six minutes. But it's he's spot on. It can happen in seconds and again anywhere from ninety seconds in my mind, to a longer period of four to six minutes. But younger kids usually go sooner than later.

So doctor Tom Griffiths. Knowing that a child can drown from A to Z start to finish in less than two minutes, you still stand by your theory. Agreeing with Fattest that it's okay for mommy to be on her cell phone taking selfies for an hour, I did.

So doctor Tom Griffiths. Knowing that a child can drown from A to Z start to finish in less than two minutes, you still stand by your theory. Agreeing with Fattest that it's okay for mommy to be on her cell phone taking selfies for an hour, I did.

I did not agree with Fattest. I just agreed with him stating that sometimes parents do this negligent behavior. I don't agree that it's acceptable parents do this. I'm trying to point out that we have well trained lifeguards in good numbers at these water parks, and the training agencies like Ellis and Associates are excellent, but they can't overcome parents who neglect their children. I don't agree with Fattus. I'm just agree that they're not negligent. I'm agreeing that this does happen. This is the important point. Parents need to watch their children. I agree with the way you behave when your twins are at the water park.

I did not agree with Fattest. I just agreed with him stating that sometimes parents do this negligent behavior. I don't agree that it's acceptable parents do this. I'm trying to point out that we have well trained lifeguards in good numbers at these water parks, and the training agencies like Ellis and Associates are excellent, but they can't overcome parents who neglect their children. I don't agree with Fattus. I'm just agree that they're not negligent. I'm agreeing that this does happen. This is the important point. Parents need to watch their children. I agree with the way you behave when your twins are at the water park.

Well, you know, I'd like your objective opinion, doctor Tom Griffiths, because I'm overly protected because in my world, not only can something conceivably go wrong, it will go wrong, because in my world, it's gone wrong before. After the murder of my fiance, so I see the world in a different way. Okay, I think it's very likely that something will go wrong, But for normal people, what is your advice? I mean, you've written all of these books, Doctor Tom Lifeguard, Vision app Doctor Tom's Lifeguard Chronicles, Safer Beaches, Better Beaches, and the complete swimming pool Reference, which is pretty amazing. You can find Tom at Aquaticsafetygroup dot com. That sounds a lot like the group we found to teach the kid our children to swim. We went through swimming twice when they were about I don't know, two and a half, then when they were a little older, and then I went with them for both of them to get their Scout Merit badge in swimming, which was no easy thing, was very rigorous. In fact, Doctor Griffiths, I know this was overdoing it. But when they went out of town to scout camp, I jumped in the water and did the know. I know they must have been humiliated, and did the swim test with them that would allow them to be around the water. You know. For the rest of the week I was so worried, frankly about my daughter being able to have the stamina to finish the swim test for Scout Camp because there's really a long test. I had to stop in the middle of dog paddle before I could finish the thing. So reasonably speaking for a normal person, what do you advise at a water park? Because that's a lot different than a pool in my mind, because water parks are crazy. There are so many children, there's a slide, there's music, there's people yelling, there's people eating, there's a lot of commotion, their birthday parties going on that people are singing, happy. It's crazy. It's a lot different from just being alone with your child in the pool. What should parents do?

Well, you know, I'd like your objective opinion, doctor Tom Griffiths, because I'm overly protected because in my world, not only can something conceivably go wrong, it will go wrong, because in my world, it's gone wrong before. After the murder of my fiance, so I see the world in a different way. Okay, I think it's very likely that something will go wrong, But for normal people, what is your advice? I mean, you've written all of these books, Doctor Tom Lifeguard, Vision app Doctor Tom's Lifeguard Chronicles, Safer Beaches, Better Beaches, and the complete swimming pool Reference, which is pretty amazing. You can find Tom at Aquaticsafetygroup dot com. That sounds a lot like the group we found to teach the kid our children to swim. We went through swimming twice when they were about I don't know, two and a half, then when they were a little older, and then I went with them for both of them to get their Scout Merit badge in swimming, which was no easy thing, was very rigorous. In fact, Doctor Griffiths, I know this was overdoing it. But when they went out of town to scout camp, I jumped in the water and did the know. I know they must have been humiliated, and did the swim test with them that would allow them to be around the water. You know. For the rest of the week I was so worried, frankly about my daughter being able to have the stamina to finish the swim test for Scout Camp because there's really a long test. I had to stop in the middle of dog paddle before I could finish the thing. So reasonably speaking for a normal person, what do you advise at a water park? Because that's a lot different than a pool in my mind, because water parks are crazy. There are so many children, there's a slide, there's music, there's people yelling, there's people eating, there's a lot of commotion, their birthday parties going on that people are singing, happy. It's crazy. It's a lot different from just being alone with your child in the pool. What should parents do?

You're right, there's so many distractions at a water park. Number one, they should put their cell phone away. We like to say texting is neglecting. If you're on your phone, you're not watching your kids. If you're taking video of your child, you're really not watching your kid. We've had we've lost children while the mother was taking photos of their child. But a coast guard, a proof life jacket I believe, we believe should be required at these water parks. We don't think parents should be given the choice. I know everyone likes free choice, but for non swimming children under the age of six six and under or under forty eight inches tall, they should be in a properly fitting coast guard prove life jacket, because the life jacket is more vigilant than any parent or any lifeguard could ever be. So we believe in a note and float mentality where you note your child as a non swimmer and you float them in a coast guard a prove life jacket.

You're right, there's so many distractions at a water park. Number one, they should put their cell phone away. We like to say texting is neglecting. If you're on your phone, you're not watching your kids. If you're taking video of your child, you're really not watching your kid. We've had we've lost children while the mother was taking photos of their child. But a coast guard, a proof life jacket I believe, we believe should be required at these water parks. We don't think parents should be given the choice. I know everyone likes free choice, but for non swimming children under the age of six six and under or under forty eight inches tall, they should be in a properly fitting coast guard prove life jacket, because the life jacket is more vigilant than any parent or any lifeguard could ever be. So we believe in a note and float mentality where you note your child as a non swimmer and you float them in a coast guard a prove life jacket.

You know what's interesting, I was talking about that community to be a pool where all those moms were out getting a son tan cancer and their children were unattended to be in the pool. I believe you should have a swimming test before you're in the pool. But that said, a lot of the children are too young to be able to swim. They should be in the kiddie pool. But I want you to hear doctor what mommy has to say.

You know what's interesting, I was talking about that community to be a pool where all those moms were out getting a son tan cancer and their children were unattended to be in the pool. I believe you should have a swimming test before you're in the pool. But that said, a lot of the children are too young to be able to swim. They should be in the kiddie pool. But I want you to hear doctor what mommy has to say.

Like watching a slow train wreck because they weren't prepared. They didn't know. Really, it was panicking and chaos.

Like watching a slow train wreck because they weren't prepared. They didn't know. Really, it was panicking and chaos.

That's my friends at k Fox fourteen. But Elaine Autodiaz, she says it was just like watching a slow train wreck. She wasn't watching even when medics were working on her son. He was pulled out of the water, and all the other parents were gathering around. They didn't know who the mom was, much less the dad. Dad wasn't there, but they didn't even know who the mom was. So she wasn't watching any slow train wreck, right.

That's my friends at k Fox fourteen. But Elaine Autodiaz, she says it was just like watching a slow train wreck. She wasn't watching even when medics were working on her son. He was pulled out of the water, and all the other parents were gathering around. They didn't know who the mom was, much less the dad. Dad wasn't there, but they didn't even know who the mom was. So she wasn't watching any slow train wreck, right.

Witness after witness say that she was lounging. She was just staring at her phone. I believe one witness even had she stared into her phone for seven minutes, and that is just repeated over and over and for the longest time, she had no idea what her child was doing.

Witness after witness say that she was lounging. She was just staring at her phone. I believe one witness even had she stared into her phone for seven minutes, and that is just repeated over and over and for the longest time, she had no idea what her child was doing.

How would a witness know that mommy was looking at her phone for seven straight minutes.

How would a witness know that mommy was looking at her phone for seven straight minutes.

Because she's all dolled up at a water park. And I get it, you know, especially if you're going with your girlfriends, you're turning it into a thing. You're gonna get dressed up in your best swimsuit. But she's a mother to a three year old, and she was, you know, all dulled up as they say, and you know, I mean she's wearing this yellow top. I mean you cannot look away. And so I think you know, someone watched her for seven minutes, because that's what was reported to police.

Because she's all dolled up at a water park. And I get it, you know, especially if you're going with your girlfriends, you're turning it into a thing. You're gonna get dressed up in your best swimsuit. But she's a mother to a three year old, and she was, you know, all dulled up as they say, and you know, I mean she's wearing this yellow top. I mean you cannot look away. And so I think you know, someone watched her for seven minutes, because that's what was reported to police.

Crimes tours with Nancy Grace.

Crimes tours with Nancy Grace.

Investigators looking into the Mother's Day weekend drowning death of three year old Anthony Malave are stunned to find out the mother of the toddler is filing a lawsuit against Destination al Paso, the company that runs the city's water parks, and against the City of El Paso, alleging gross negligence and wrongful death. The lawsuit has been filed on behalf of Jessica Weaver by a Houston law firm and claims that during the park's soft opening, the city and Destination al Paso we're too concerned with packing the water park with people and ensuring that the live band was playing.

Investigators looking into the Mother's Day weekend drowning death of three year old Anthony Malave are stunned to find out the mother of the toddler is filing a lawsuit against Destination al Paso, the company that runs the city's water parks, and against the City of El Paso, alleging gross negligence and wrongful death. The lawsuit has been filed on behalf of Jessica Weaver by a Houston law firm and claims that during the park's soft opening, the city and Destination al Paso we're too concerned with packing the water park with people and ensuring that the live band was playing.

Well, let's hear it from the Horse's Mouth.

Well, let's hear it from the Horse's Mouth.

City.

City.

You know had this soft opening to get their operations going, but it cost my son because they weren't ready.

You know had this soft opening to get their operations going, but it cost my son because they weren't ready.

They weren't ready.

They weren't ready.

For a drowning and more children trying to save children. And I understand, you know, they're like they're young lifeguards, but at least have someone who's done this before.

For a drowning and more children trying to save children. And I understand, you know, they're like they're young lifeguards, but at least have someone who's done this before.

Karen start with me. Renowned psychologists joining us from the Manhattan jurisdiction. Karen, when I analyzed her words, the city had a soft opening but it cost my son. They weren't ready. She goes on to say that the lifeguards looked young and inexperienced. I mean, when you go to a water park with a single most important thing in your world, which is your child, shouldn't you look at the lifeguards and you, as the parent, assess whether they are capable.

Karen start with me. Renowned psychologists joining us from the Manhattan jurisdiction. Karen, when I analyzed her words, the city had a soft opening but it cost my son. They weren't ready. She goes on to say that the lifeguards looked young and inexperienced. I mean, when you go to a water park with a single most important thing in your world, which is your child, shouldn't you look at the lifeguards and you, as the parent, assess whether they are capable.

Not only that, Nancy, of course, the lifeguards should have been trained in However, this child should have been wearing a vest. She doesn't even mention anything about a life vest.

Not only that, Nancy, of course, the lifeguards should have been trained in However, this child should have been wearing a vest. She doesn't even mention anything about a life vest.

You've been at pools. I've been at pools.

You've been at pools. I've been at pools.

All little babies, three year olds are wearing those water wings. In addition to it, it's very interesting to me that she's all dialed up at that pool, but during this interview she looks much more conservative, pulled together, and it doesn't seem like there's any grief. I've seen so many parents talk about dead children and they're tearing up and crying while they're talking.

All little babies, three year olds are wearing those water wings. In addition to it, it's very interesting to me that she's all dialed up at that pool, but during this interview she looks much more conservative, pulled together, and it doesn't seem like there's any grief. I've seen so many parents talk about dead children and they're tearing up and crying while they're talking.

About that child.

About that child.

And here I see, honestly, the same narcissism, the narcissistic neglect that you see at that pool, and somebody who is very composed, ready to defend herself and deflect the blame.

And here I see, honestly, the same narcissism, the narcissistic neglect that you see at that pool, and somebody who is very composed, ready to defend herself and deflect the blame.

You know, what I think you're right, Karen start. Let's take a look at mommy. Here she is at the pool as opposed to speaking for her lawsuit.

You know, what I think you're right, Karen start. Let's take a look at mommy. Here she is at the pool as opposed to speaking for her lawsuit.

Listen watching a slow train wreck because they weren't prepared. They didn't know. Really, it was panicking and chaos.

Listen watching a slow train wreck because they weren't prepared. They didn't know. Really, it was panicking and chaos.

From our friends at Kay Fox fourteen. And now listen to Mommy's next claim.

From our friends at Kay Fox fourteen. And now listen to Mommy's next claim.

Two months after Jessica Weaver filed her wrongful death lawsuit and almost four months after Anthony's death, thirty five year old Jessica Weaver is arrested in her home state of Indiana on a fugitive warrant out of El Paso, Texas. Waving extradition.

Two months after Jessica Weaver filed her wrongful death lawsuit and almost four months after Anthony's death, thirty five year old Jessica Weaver is arrested in her home state of Indiana on a fugitive warrant out of El Paso, Texas. Waving extradition.

She is transported to.

She is transported to.

El Paso, where she is let out of jail with a one hundred thousand dollars bond. Weaver's attorneys claimed the arrest of Weaver is retaliatory tactics for her lawsuit.

El Paso, where she is let out of jail with a one hundred thousand dollars bond. Weaver's attorneys claimed the arrest of Weaver is retaliatory tactics for her lawsuit.

Okay, Elene Autodios, let me understand. She's arrested and now the civil attorney, which is a lawyer not defending you on a crime, but is seeking money damages for you. The civil lawyer is claiming Mommy was arrested out of revenge for the lawsuit.

Okay, Elene Autodios, let me understand. She's arrested and now the civil attorney, which is a lawyer not defending you on a crime, but is seeking money damages for you. The civil lawyer is claiming Mommy was arrested out of revenge for the lawsuit.

Well, let's take a look at the timeline. So Anthony, three year old Anthony dies on May thirteenth, twenty twenty three. Then about six weeks later, on June thirtieth, the civil lawsuit is filed. And then September fifth, twenty twenty three, she's arrested. But then in Texas she's just arrested. Her indictment came in December, so it's been it's been a bit of a timeline. And so they are saying that because she filed a million dollar lawsuit against the city of El Paso, that they in turn went and arrested her.

Well, let's take a look at the timeline. So Anthony, three year old Anthony dies on May thirteenth, twenty twenty three. Then about six weeks later, on June thirtieth, the civil lawsuit is filed. And then September fifth, twenty twenty three, she's arrested. But then in Texas she's just arrested. Her indictment came in December, so it's been it's been a bit of a timeline. And so they are saying that because she filed a million dollar lawsuit against the city of El Paso, that they in turn went and arrested her.

Okay, she got indicted.

Okay, she got indicted.

Listen, Jessica Weaver indicted in the death of her three year old son, and if convicted, could face life in prison. The indictment states Weaver failed to provide care for her son, did not give her toddler a life vest, did not get in the water with her son, she did not follow park rules, she did not keep her son in her sight, and allowed Anthony in the water soon after eating.

Listen, Jessica Weaver indicted in the death of her three year old son, and if convicted, could face life in prison. The indictment states Weaver failed to provide care for her son, did not give her toddler a life vest, did not get in the water with her son, she did not follow park rules, she did not keep her son in her sight, and allowed Anthony in the water soon after eating.

As Mommy blames the city of El Paso and the lifeguards. This is what the district attorney has to say.

As Mommy blames the city of El Paso and the lifeguards. This is what the district attorney has to say.

Lifeguards at our water parks are not babysitters. They are there to try to provide life saving treatment, but they're not there to babysit. It is a parent's responsibility to take care of your children.

Lifeguards at our water parks are not babysitters. They are there to try to provide life saving treatment, but they're not there to babysit. It is a parent's responsibility to take care of your children.

Now from our friends that Kate Fox at fourteen, it's not the first time that a mom has been criminally charged for ignoring their child in the water.

Now from our friends that Kate Fox at fourteen, it's not the first time that a mom has been criminally charged for ignoring their child in the water.

Ayas allegedly asked the hotel staff to open this indoor pool so Caitlin could swim. The workers warned her there was no lifeguard on duty, mom, says a watcher. Meanwhile, Ericabias has a five month old son that she left alone in the hotel room. Still five month old boy left alone in the hotel room. Seven year old girl left alone at the pool while mom goes to the bar. Bias went to check on the little girl. They found her quote floating lifeless in the pool, according to the district attorney, But instead of leaping right in to get her daughter, Bias took her time, allegedly removing her shoes and socks and making sure her phone won't get wet before jumping in to save her daughter.

Ayas allegedly asked the hotel staff to open this indoor pool so Caitlin could swim. The workers warned her there was no lifeguard on duty, mom, says a watcher. Meanwhile, Ericabias has a five month old son that she left alone in the hotel room. Still five month old boy left alone in the hotel room. Seven year old girl left alone at the pool while mom goes to the bar. Bias went to check on the little girl. They found her quote floating lifeless in the pool, according to the district attorney, But instead of leaping right in to get her daughter, Bias took her time, allegedly removing her shoes and socks and making sure her phone won't get wet before jumping in to save her daughter.

That is a senior editor with the Daily Wire Ash short So in that case. Also, Eric Fattus, we see mommy using the pool as a babysitter, while she actually asked the hotel staff to let the child in so she can have alone time before she retreats to the bar.

That is a senior editor with the Daily Wire Ash short So in that case. Also, Eric Fattus, we see mommy using the pool as a babysitter, while she actually asked the hotel staff to let the child in so she can have alone time before she retreats to the bar.

That's correct in that case.

That's correct in that case.

You know, I'm also aware of a case where this woman essentially just let her child walk around the neighborhood for an hour or so longer and was charge with child abuse in that scenario.

You know, I'm also aware of a case where this woman essentially just let her child walk around the neighborhood for an hour or so longer and was charge with child abuse in that scenario.

So where is the line?

So where is the line?

You know?

You know?

I understand that that we need attentive parents, but that doesn't mean you need to have your eyes glued to them every second of every day, especially if you've entrusted their care to another.

I understand that that we need attentive parents, but that doesn't mean you need to have your eyes glued to them every second of every day, especially if you've entrusted their care to another.

Okay, number one, I don't trust your rendition of the facts that a child walked for one hour and mom was arrested. I'd like to know how old a child is, and I'd like to point out that there's a big difference in a child I don't know the age because you conveniently left that fact out. A child walking in its own neighborhood amongst neighbors, breathing air, and being left alone in a life threatening situation water where you can die. I mean, didn't you say Thomas Coin that a person, much less a child can die in less than two minutes in the water.

Okay, number one, I don't trust your rendition of the facts that a child walked for one hour and mom was arrested. I'd like to know how old a child is, and I'd like to point out that there's a big difference in a child I don't know the age because you conveniently left that fact out. A child walking in its own neighborhood amongst neighbors, breathing air, and being left alone in a life threatening situation water where you can die. I mean, didn't you say Thomas Coin that a person, much less a child can die in less than two minutes in the water.

That's correct, that fast?

That's correct, that fast?

Yes, yes, doctor, So there's a huge difference in the two scenarios you're laying out fattest. I mean, give me something real if you want to, don't bring a knife to a gunfight. Okay, I don't let you think about that for just a moment. Try to figure out what that means. The phone. In Dubaya's case, mommy's on the phone. In this case, mommy's on the phone. So to doctor Tom Griffiths, whats with that?

Yes, yes, doctor, So there's a huge difference in the two scenarios you're laying out fattest. I mean, give me something real if you want to, don't bring a knife to a gunfight. Okay, I don't let you think about that for just a moment. Try to figure out what that means. The phone. In Dubaya's case, mommy's on the phone. In this case, mommy's on the phone. So to doctor Tom Griffiths, whats with that?

Parents shouldn't be on the phone and parents, like kids, are addicted to their phones. There's water parks in Western Australia that have the parents shoot a QR code as they enter the facility and it says welcome to our pool. Now get off your phone and watch your kids. We have to be more aggressive about warning parents, adults, caregivers to stay off their phones, turn them off and keep them away because they've got to not only be off their phones, but they have to be in the water with their children. The phones are a problem, Apple watches are a problem. Any handheld technology around the water is a real problem because we don't have enough discipline to stay off them.

Parents shouldn't be on the phone and parents, like kids, are addicted to their phones. There's water parks in Western Australia that have the parents shoot a QR code as they enter the facility and it says welcome to our pool. Now get off your phone and watch your kids. We have to be more aggressive about warning parents, adults, caregivers to stay off their phones, turn them off and keep them away because they've got to not only be off their phones, but they have to be in the water with their children. The phones are a problem, Apple watches are a problem. Any handheld technology around the water is a real problem because we don't have enough discipline to stay off them.

Katherine Bodom leaves her eleven month old daughter, Cecilia and her two and a half year old son alone in the bathtub with the water running, to go downstairs to shop online for shoes. Botom's ten year old daughter says after nineteen minutes, the two year old boy comes down the stairs saying there's a problem. Mom stops shopping long enough to go upstairs and find Cecilia unconscious and turning blue. Botom is charged with second degree manslaughter.

Katherine Bodom leaves her eleven month old daughter, Cecilia and her two and a half year old son alone in the bathtub with the water running, to go downstairs to shop online for shoes. Botom's ten year old daughter says after nineteen minutes, the two year old boy comes down the stairs saying there's a problem. Mom stops shopping long enough to go upstairs and find Cecilia unconscious and turning blue. Botom is charged with second degree manslaughter.

Eric fat Is joining US high profile criminal defense lawyer. What about that mommy shopping online for shoes while the children are in the bathtub. I guess that's mommy getting time out and a reprieve, as you call it.

Eric fat Is joining US high profile criminal defense lawyer. What about that mommy shopping online for shoes while the children are in the bathtub. I guess that's mommy getting time out and a reprieve, as you call it.

I think what it goes to show is that these cases are factually dependent.

I think what it goes to show is that these cases are factually dependent.

We've got to take them on a case by case basis.

We've got to take them on a case by case basis.

There weren't any lifeguards in that bathroom where those children were in the bathtub, and so certainly there are different facts that we'll have bearing on each individual case. But the facts here suggest that there are other folks responsible besides just this single mother who lost her son.

There weren't any lifeguards in that bathroom where those children were in the bathtub, and so certainly there are different facts that we'll have bearing on each individual case. But the facts here suggest that there are other folks responsible besides just this single mother who lost her son.

Karen, start joining me psychologists, Karen, the fixation on iPhones, shopping online while your children are in the water. I guess the next thing Fats is going to argue is that mommies and dads were addicted to their cell phones.

Karen, start joining me psychologists, Karen, the fixation on iPhones, shopping online while your children are in the water. I guess the next thing Fats is going to argue is that mommies and dads were addicted to their cell phones.

Well, this is crazy, because people are addicted to their cell phones, Nancy, but when it comes to their children, there's nothing more important than your children. So we're talking about really someone who's narcissistic and not equipped to be parenting. Not an hour, I don't care how long you're on your phone and your child is in the water without you being there, and you're taking pictures.

Well, this is crazy, because people are addicted to their cell phones, Nancy, but when it comes to their children, there's nothing more important than your children. So we're talking about really someone who's narcissistic and not equipped to be parenting. Not an hour, I don't care how long you're on your phone and your child is in the water without you being there, and you're taking pictures.

And let me ask you this, Karen start. I don't mean just being rude and having your phone out at the dinner table. I mean it is being online addiction like alcohol or drugs, where it completely takes over your life and you're unaware of what's happening around you. I mean, I know it's a bad habit, but is that I don't see that it can be an addiction to that extent.

And let me ask you this, Karen start. I don't mean just being rude and having your phone out at the dinner table. I mean it is being online addiction like alcohol or drugs, where it completely takes over your life and you're unaware of what's happening around you. I mean, I know it's a bad habit, but is that I don't see that it can be an addiction to that extent.

Well, I don't know. It's sort of becoming an addiction, but that's really not what we're talking about here. I don't think we're talking about someone who's addicted. I think we're talking about someone who's narcissistic and self involved.

Well, I don't know. It's sort of becoming an addiction, but that's really not what we're talking about here. I don't think we're talking about someone who's addicted. I think we're talking about someone who's narcissistic and self involved.

But I'm saying, Karen, that I could see a defense when their first defense fails, their second defense fails. First they're going to say the lifeguards were cooking uros okay. Then they're going to say there were not enough lifeguards. Then they're going to say they didn't put the life jacket on my child because we now know there were lifejackets there that the child wasn't wearing. Then they're going to be witnesses claiming she was on her phone. I know it's far fetched. I know it sounds laughable in stark, but I could see her arguing that she has a phone addiction, a digital addiction, social media addiction, and that it blinded her to what was happening around her, including her child drowning. Do I think it makes sense? No, of course not. But what else can she say?