Crime Stories with Nancy Grace - MOM "ALL DOLLED UP" TAKING SELFIES, TOT-SON, 3, DROWNS, SUES WATER PARK

Episode Date: January 27, 2025

The Camp Cohen Waterpark in northeast El Paso is holding a "soft opening" as staff prepares for the summer. The playful sounds of children at the park are interrupted by lifeguards blowing whistles and ordering everyone out of the pool. An unconscious boy, not wearing a life jacket, is pulled from a four-foot-deep section of the 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 arm’s reach.” Parents gather around as lifeguards perform life-saving measures, but the boy's parents are not immediately identified. Jessica Weaver, a 35-year-old single mother, lounges at Camp Cohen Waterpark while her 3-year-old son, Anthony, plays among other children. The scene is disrupted by lifeguards blowing whistles and clearing the pool. About five minutes later, Jessica notices the commotion and moves toward the pool, searching for Anthony. As she approaches, she realizes lifeguards are working on her son. She jumps into the pool, rushing to him. Investigators probing the Mother’s Day weekend drowning of 3-year-old Anthony Malave are surprised to learn that his mother has filed a lawsuit against Destination El Paso, the company managing the city’s watermarks, and the City of El Paso. Jessica Weaver, represented by a Houston law firm, alleges gross negligence and wrongful death. The lawsuit claims that during the park’s “soft opening,” the city and Destination El Paso “focused more on packing the watermark with people and ensuring the live band was playing” than on safety. Two months after Jessica filed the lawsuit and nearly four months after Anthony’s death, she is arrested. Authorities in Indiana arrest Weaver on a fugitive from justice warrant issued in El Paso, Texas. After waiving extradition, she is transported to El Paso, where she is released on a $100,000 bond. Weaver’s attorneys in the wrongful death case against the city call her arrest a "retaliatory tactic" in response to her lawsuit Joining Nancy Grace today: Eric Faddis – Partner at Varner Faddis Elite Legal, Former Felony Prosecutor and Current Criminal Defense and Civil Litigation Attorney; Instagram: @e_fad @varnerfaddis; TikTok: @varnerfaddis Caryn Stark – Psychologist, renowned TV and Radio Trauma Expert and Consultant; Instagram: carynpsych, FB: Caryn Stark Private Practice Dr. Tom Griffiths  -Drowning Expert - President and Founder, Aquatic Safety Research Group, co-host of the podcast “The Drowning Files”; Creator of Dr. Tom’s Lifeguard Vision app; Author of “Dr. Tom’s Lifeguard Chronicles”; “Safer Beaches” ; “Beter Beaches” and “The Complete Swimming Pool Reference”; website: www.aquaticsafetygroup.com and https://drtomslifeguardvision.com/; X: @AquaticSafetyGr; Facebook: AquaticSafetyResearchGroup Dr. Thomas Coyne - Chief Medical Examiner, District 2 Medical Examiner's Office, State of Florida; Forensic Pathologist, Neuropathologist, Toxicologist; X: @DrTMCoyne Elaine Aradillas  - Investigative Reporter;  X: @theelaineja, Instagram: @the_elaine See omnystudio.com/listener for privacy information.

This is an iHeart Podcast. Crime Stories with Nancy Grace. According to witnesses, mommy is all dolled up, taking countless selfies and singing into her iPhone while her taut 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. Listen. 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 in All-Star panel straight out to Elaine Adedias, investigative reporter. Elaine, 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. 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, Elaine, they all TT 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 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 playing and she's on her phone the entire time, according to witnesses. You know, Elaine Adedias

joining us, high-profile investigative reporter. Elaine, when the children, my twins, were taught, 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, Karen started joining me, a renowned psychologist 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. It 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. 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 lifeguards 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 arm's reach. Parents gather around as guards begin life-saving measures, but the victim's parents aren't found. You know, another thing, Eric Faddis joining me, criminal defense attorney, civil litigator, founding partner, Varner Faddis 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 décolletage. 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 30s. 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, um, question. Do you have children? I do not. Oh, 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. H-E-L-L-N-O. Uh-uh. 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 instructor. The instructor had John David. Lucy screamed, Mommy, I was fully dressed. I just got off HLN for Pete's sake. Straight in. Shoes, 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 a triple homicide. Then seeing those two in the water, and it's my duty to watch them. You think I trust some 16 year old boy to save my child? No. What are you talking about, man? You know, getting a break from single mother does not mean that you just completely ignore the child's wellbeing and safety. That's not what I'm saying. What I'm saying is every single mother, every parent is entitled. Well, what 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. Eric, you know, you're not going to get away from saying this was a reprieve for mommy. But I'm going to give you a moment to regroup and gather your thoughts. Joining me, Dr. Tom Griffiths, joining us from State College of 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. Dr. Tom's Lifeguard Vision app, author of Dr. Tom's Lifeguard Chronicles, Safer Beaches, Better Beaches, and the Complete Swimming Pool Reference.

It goes on and on and on. Dr. Tom Griffiths, thank you for being with us. Can you understand what Eric Faddis just said? Because if he says that in front of the civil jury, they're going to laugh him straight out of the civil jury, they're going to 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-uh. 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 trained lifeguards. We wouldn't be here today if the child was in a properly fitting Coast Guard approved life jackets. We've never found a single child drowning in a water park who was wearing a properly fitting Coast Guard approved life jacket. Dr. Tom Griffiths, I know you've written all these books about swimming, but I think that's total BS to say that people go into a water park assuming they don't have responsibility

for their own three-year-old child? 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 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 going to 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. OK, well, we'll see if the jury agrees with Dr. Tom Griffiths and Eric Faddis. I will say this, Faddis, and just because it is done doesn't mean it should be done. When I go 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 suntan. I guess they 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. That's the distinction. There are varying levels of attention that parents may give 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. What are you saying? You don't have to be super mom to keep your eyes open and off your cell phone and watch your child in the water over its head. 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 inattentive seems contradictory to the evidence.

Defense attorney Eric Fadda 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. Witness one said a woman matching Weaver's description was on her phone sitting outside of a pool for over an hour saying she was never looking up or paying attention to anything. Witness two 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 three 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 KFOX14. Crime Stories with Nancy Grace. Straight out to Elaine Adedias 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 466 people at this park, which actually holds 1,460 people. Now, the thing is, 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 was that... A lazy river? Wait a minute. Elena Adias, did you say lazy river?

Those currents are strong. 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. The current takes you around and around. And he did not have a life jacket, according to witnesses and police. And, you know, at three years old, 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, Faddis, Jackie here in the studio with me, saved two children at the pool when she was there with her little boy, uh, when mommies 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, uh, red solo cup. Okay. I can smell it. I typically say not judging, but I am judging here because in this case, the child is dead. Did you hear what Elena Adias 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 have to use the life jackets there. This was the first day 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 heavens you were there to save those kids. This company should hire you all as lifeguards because the lifeguards who were there failed in their role of protecting these children. I'm sorry, I can't do that. I'm busy dealing with you, Faddis. Elaine Adedias, that's not true because according to not only the police investigation, but what the city of El Paso is 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. 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 dolled 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 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 Faddis, you're a criminal defense attorney. Boy, does she need one. The digital evidence in this case is going to be the stake 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 Faddis the digital evidence? And what I mean is when the alarm is raised, I guarantee you there's a time, an 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 churros 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 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 uh passers-by or other people lounging outside the pool uh with their own children taking care of their own children i assume you're saying that the lifeguards were the ones busy cooking churros is that what you're saying according to to Jessica Weaver's attorney, yes. Okay. Can I ask you, do you believe that the lifeguards, according to her, that were 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 as to whether 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 horrible event. Eric Faddis, this is a yes, 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 them

in the ring with a bunch of Rottweilers and saying, have a nice day, and then singing along with your iPhone. Nancy, 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 Paso. Defense attorney Eric Faddis calls it mommy's time out, mommy's reprieve. Well, the district attorney calls it a first-degree felony. And joining me now, special guest, Dr. Thomas Coyne, chief medical examiner in District 2 in the state of Florida, which is packed with water parks. Forensic pathologist, neuropathologist, toxicologist.

You can find him at Dr. T.M. Coyne. Dr. Coyne, thank you for being with us. You just heard Elaine Adedias 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. Dr. Coyne, how long does it take for someone to drown? Very fast actually. You know for an adult the loss of consciousness probably occurs at 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 that, probably around one and a half minutes. But that may even be faster if the child has any panic and starts to aspirate or breathe in water, which will cause 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 he 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, come down a slide, hits his head. So he may be knocked unconscious and then became 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 to the heart. Dr. Coyne, 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 is a parent becomes distracted maybe with other children, allowing, let's say, a toddler to gain access to the outdoor lanai, and then they fall into a pool. These, of course, are 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. Dr. Coyne, 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 in the water for so long. Let's pretend that he was not concussed or had fallen asleep in the sun after playing in the water for so long. Let's pretend that he was not concussed and that he was not overexerted from playing by himself for so long. In a typical drowning, how long does that take? Generally, it would take around, I'd say at 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 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, you would have lost consciousness, and then just been under the water waiting for someone to find him and extract him. Dr. Tom Griffiths, agree or disagree? Oh, I agree with the doctor. Definitely. It can be as little as 90 seconds.

Traditional drownings may take for adults four to six minutes, but he's spot on. It can happen in seconds. And again, anywhere from 90 seconds in my mind to a longer period of four to six minutes. But still stand by your theory, agreeing with Faddis that it's okay for mommy to be on her cell phone, taking selfies for an hour. I didn't, I did not agree with Faddis. I just agreed with him stating that sometimes parents do this negligent behavior. I don't, I don't agree that it's acceptable that 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 FATIS. I'm just agreeing 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 out at the water park. Well, you know, I'd like your objective opinion, Dr. 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 fiancé. So I see the world in a different way. 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, Dr. Tom's Lifeguard Vision app, Dr. Tom's Lifeguard Chronicles, Safer Beaches, Better Beaches, and the complete swimming pool reference, which is pretty amazing.

You can find Tom at AquaticSafetyGroup.com. That sounds a lot like the group we found to teach the kids, 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 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. It was very rigorous. In fact, Dr. 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, I know, I know they must've 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 the slide, there's music, there's people yelling, there's people eating. There's a lot of commotion. There are birthday parties going on, 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 lost children while the mother was taking photos of your child, you're really not watching your kid. We've lost children while the mother was taking photos of their child. But a Coast Guard approved 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 48 inches tall, they should be in a properly fitting Coast Guard approved 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 approved life jacket. You know, it's interesting. I was talking about that community pool where all those moms were out getting a suntan 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 it was panicking and chaos. That's my friends at KFOX 14. But Elaine Adedias, 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 gathered 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. 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 going to get dressed up in your best swimsuit. But she's a mother to a three year old. And she was, you know, all dolled 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. Crime Stories 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 El 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 El Paso were 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. City, you know, had the soft

opening to get their operations going, but it cost my son because 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 young lifeguards, but at least have someone who's done this before. Karen Stark with me, renowned psychologist joining us from the Manhattan jurisdiction. Karen, when I analyze 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 the 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 and older. However, thisards should have been trained and older. 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. 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 dolled 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. And here I see, honestly, the 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 at here she is at the pool as opposed to speaking for her lawsuit listen like watching a slow train wreck because they weren't prepared. They didn't know really it was it was panicking and chaos. From our friends at KFOX 14. 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, 35-year-old Jessica Weaver is arrested in her home state of Indiana on a fugitive warrant out of El Paso, Texas.

Waiving extradition, she is transported to El Paso where she is let out of jail with a $100,000 bond. Weaver's attorneys claim the arrest of Weaver is retaliatory tactics for her lawsuit. OK, Elaine Adedios, 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 13th, 2023. Then about six weeks later on June 30th, the civil lawsuit is filed. And then September 5th, 2023, she's arrested. But then in Texas, she's just arrested. Her indictment came in December. So 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. 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. 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. K Fox 14. It's not the first time that a mom has been criminally charged for ignoring their child in the water. I have 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 I'll watch her. Meanwhile, Erica Baez has a five monthmonth-old son that she left alone in the hotel room. So 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. Baez went to check on the little girl. He found her, quote, floating lifeless in the pool, according to the district attorney. But instead of leaping right in to get her daughter, Baez took her time, allegedly removing her shoes and socks and making sure her phone wouldn't get wet before jumping in to save her daughter. That is a senior editor with the Daily Wire asked short. So in that case, also, Eric Faddis, 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. 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 charged with child abuse in that

scenario. So where is the line? You know, I understand 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 the 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 threateningthreatening situation, water, where you can die. I mean, didn't you say, Dr. Thomas Coyne, that a person, much less a child, can die in less than two

minutes in the water? That's correct. That fast. Yes. Yes, doctor. So there's a huge difference in the two scenarios you're laying out, Faddis, I mean, give me something real. If you want to, don't bring a knife to a gunfight, okay? I'm going to let you think about that for just a moment and try to figure out what that means. The phone. In the Baez case, mommy's on the phone. In this case, mommy's on the phone. So to Dr. Tom Griffiths, what's 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 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 Bodum leaves her 11-month-old daughter Cecilia and her 2-and-a-half-year-old son alone in a bathtub with the water running to go downstairs to shop online for shoes. Bodum's 10-year-old daughter says after 19 minutes, the 2-year-old boy comes down the stairs saying there's a problem. Mom stopped shopping long enough to go upstairs and find Cecilia unconscious and turning blue. Bodum is charged with second-degree manslaughter. Eric Faddis 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. 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 will have bearing on each individual case. But the facts here suggest that there are other folks responsible besides just the single mother who lost her son. Karen Stark, joining me, psychologist. Karen, the fixation on iPhones, shopping online while your children are in the water.

I guess the next thing Faddis 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. And let me ask you this, Karen Stark. I don't mean just being rude and having your phone out at the dinner table. I mean, it is being online online an 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 it, 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. 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 churros. Okay. Then they're going to say there were not enough lifeguards. Then they're going to say the lifeguards were cooking churros. 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 life jackets 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, Karen Stark, but I could see her arguing that she has a phone addiction, a digital addiction, a 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? Yeah, but I don't know anything in the DSM right now, Nancy, which actually says the diagnostic manual for psychologists and psychiatrists that actually says that there's such a thing as a phone, a social media addiction. They're making that up. I don't see how.

Okay. You heard it, Eric Faddis. Don't tune up. Second verse, same as the first. And there's more. It happens every day. Olivia Miller. Listen. I feel like we're animals right now. No, we're not trying to treat animals. I'm going to have nine years of the rest of my life for this. I can't bring back my son. I would never imagine him like we are literally just having the best time I did here today. Well, I believe in like heaven and stuff, but like, I don't believe that it was his time. I don't believe that either. No, it's never their time. Right. He was supposed to come up. Yeah. What is she saying? Um, okay. First of all, she says, I think that she's being treated like an animal. In that case, Faddis, as I was talking about the digital trail of evidence, that mom was on the phone for 21

straight minutes before calling 911. Her child died. Thoughts? More of a little break? A little time out for mom? You know, I think that there's a distinction there. On the phone for 20 minutes, you're actively engaged in a conversation. You're listening. You're receiving information. You're putting information out there. As opposed to just sort of scrolling one's phone, I think anyone who has a phone would say those are different activities. Now, it doesn't mean that one person should be guilty and one person shouldn't be guilty. I can't go that far. But I'm saying that there are little factual nuances that matter in each of these cases. You know, Elaine Adedias joining us, investigative reporter. I've been taking a look at the defendant in the case in chief.

And like Karen Stark said, there's no indication that she is upset about her son. Certainly she must be. I mean, I'm just maybe projecting onto her. But she seems pretty calm, cool, and collected, talking about how it's everybody else's fault. There is never a perfect victim. There's no rule book on how grieving parents react. I think. Oh, wait.

Are you saying the mom is the victim? I am saying, I'm just giving you facts. You just said there's no perfect victim. The victim in this case is a three-year-old child that was left alone in the water at a crowded water park while mommy took selfies and reapplied lipstick. That's the victim. Mommy's not the victim here. But she's being charged. She is a defendant. And so that's right. You know, you know, and so she is going to come at them with everything she has. This is serious. She can go to prison for life. And so, you know, she's going to go after. I know that she's, there's a possibility of life behind bars. What, am I supposed to feel bad about that? What I feel bad about is a three-year-old, you know, to you, Dr. Coyne, what is it like to drown? What does a

victim go through when they drown, Dr. Thomas Coyne, much less a little boy? To me, I can only imagine it must be horrible fear. I mean, in that moment, the anxiety that you are wrought with because, you know, as you begin especially to aspirate or inhale water and suddenly realize you can't breathe. I mean, me just as a person with asthma, I know if I have a really bad asthma attack, my anxiety picks up pretty fast if I realize I can't breathe. And so in that moment, that child just must have had complete fear and horror. It must have been horrible.

You know, Dr. Coyne, I recall distinctly two incidents of near drowning, one when I was about three, and my mom was talking to another lady about four feet away from me. The moment I went underwater, she jumped in her clothes and saved me. I was just sitting on the steps of a pool and was playing a game and jumped off the step and went immediately underwater and didn't know how to swim yet. She saved me. The second time I was about 13 at a big lake and went under. And that feeling, I immediately gulped in a lot of water.

It was way over my head. But with a lake, you know, the surface at the bottom is uneven. And I was walking out and immediately went under. And I remember the feeling you're describing. And it was scary. It was horrific. I remember like it happened yesterday, Dr. Coyne. Yeah, I had the same thing happen

when I was two on the Jersey Shore. I had a wave that took me under. Thankfully, my father was watching me. He came, ran over and pulled me right out right away. But I still, I can still remember that if I closed my eyes, just the fear of the moment. I think it stays with you for life. We wait as justice unfolds.

Goodbye, friend. This is an iHeart Podcast.