Going "Beyond the Bounds" of Rule 404(b) in a Case Involving the Death of a Child

About a year ago, I wrote about State v. Hembree, 368 N.C. 2 (2015), a case in which the state supreme court reversed a murder conviction based on the State’s excessive use of Rule 404(b) evidence. This month, a divided court of appeals decided a case in the same vein. The case is State v. Reed. Facts. The majority opinion summarizes the basic facts: the “defendant went to use the bathroom in her home for a few minutes, and her toddler, Mercadiez, tragically managed to fall into their outdoor pool and drown.” Charges and dispositions. The defendant was charged with, and convicted of, misdemeanor child abuse and contributing to the delinquency of a juvenile. She was also charged with, but acquitted of, involuntary manslaughter. 404(b) evidence. The majority opinion reveals that “two years before, defendant was babysitting another child, Sadie Gates, who got out of the house and drowned just outside of her home.” The evidence of Gates’ death was admitted at the defendant’s trial for Mercadiez’s death. Ruling on the admissibility of the evidence, the trial judge concluded that: “There are sufficient similarities between the two [deaths] to support the State’s contention that the former incident is evidence that shows (1) knowledge on the part of the defendant of the dangers and possible consequences of failing to supervise a young child who has access to or is exposed to bodies of water; (2) absence of accident; and (3) explains the context of her statements at the scene and later to [...]