State of Iowa
v.
David Moses Weltman
Appellee
State of Iowa
Appellant
David Moses Weltman
Attorney for the Appellee
Sheryl Soich, Assistant Attorney General
Attorney for the Appellant
Gary D. Dickey
Court of Appeals
Court of Appeals Opinion
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Chad Kepros, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Vaitheswaran, P.J. Special concurrence by Schumacher, J. (20 pages)
David Weltman appeals his judgment and sentence for second-degree sexual abuse. Weltman contends (1) the evidence was insufficient to support the jury’s finding of guilt; (2) the district court abused its discretion in admitting evidence of subsequent bad acts; (3) the prosecutor impermissibly vouched for the credibility of the child witness; and (4) the district court abused its discretion in admitting expert testimony on grooming behavior and children’s demeanor. OPINION HOLDS: We affirm Weltman’s judgment and sentence. SPECIAL CONCURRENCE ASSERTS: Although the prosecutor vouched for witness credibility during closing arguments, this isolated statement alone did not result in the denial of a fair trial to the defendant.