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Bail dropped to $150K in 'babies in the river' case

A Goodhue County judge expressed confidence that accused murderer Jennifer Matter is not a danger to the public, and will show up for court proceedings.

RED WING, Minn. — Bail has been significantly reduced for a woman linked by DNA to two babies left to die by the Mississippi River decades ago. 

Jennifer Matter appeared in Goodhue County Court via Zoom Wednesday, accompanied by her new defense attorney John Leunig. Matter is charged with second degree murder for allegedly leaving her newborn son to die on a Red Wing beach in 2003. Investigators say she has also been tied to a baby girl found by the Mississippi four years earlier. 

Bail was set at $750,000 with conditions during Matter's first hearing May 10, but Judge Douglas Bayley left the door open for that amount to be lowered once Matter hired counsel. Her new defense attorney filed a motion with the court requesting her bail be lowered. 

Leunig told the judge he had visited with Matter in jail and that she is “fully knowing” of the charges against her and her rights as a defendant. He told the court that Minnesota’s criminal justice system mandates the “least restrictive” bail amount that will ensure a defendant does reappear, asking Judge Bayley to reduce bail to $5,000, or a $50K bond.

RELATED: 'I need forgiveness': Mother charged in Red Wing baby murder says in first court hearing

“This is a very unique case,” Leunig admitted, while mandating for realistic conditions that ensure Matter will return for future court dates. He said she would be amenable to both GPS tracking and alcohol monitoring devices to ensure Matter is where she says she is, and isn’t using alcohol or drugs. “I don’t think she is a risk to the community, and I don’t think she is a risk of flight at all,” Leunig insisted. 

He said during his visit with Matter he found her mental health “strong” while admitting she was struggling after being “swept off her feet” by the charges. Leunig spoke of her raising a 14-year-old daughter while all this is going on.

Assistant Goodhue County Attorney Erin Kuester told the court nothing has changed regarding concerns expressed at her first hearing that Matter is a danger to both herself and the community. She asked the judge to rule against the defense motion for bail reduction.

After both the defense and prosecution had their say, Judge Bayley said point blank he would not rule in complete favor of either camp, instead reducing Matter's bail to $150,000 with conditions and saying he is confident that amount “can protect public safety, and make sure Ms. Matter makes it to court.”

The judge told both the prosecution and defense he wants this trial to move quickly despite the complexities of the case, referring to the fact that the alleged crime occurred nearly 20 years ago and that prosecutors will rely heavily on complicated DNA evidence.

“I want this case to proceed in a timely fashion,” Judge Bayley stated.

Bayley ordered the Minnesota Department of Corrections (DOC) to complete a calculation of Matter’s criminal history score using convictions from her past. 

At that point Leunig told Judge Bayley that due to all the discovery evidence he has to go over since taking the case, he needed 6 to 8 weeks to prepare for the next omnibus hearing. The judge set Matter’s next appearance for July 20 at 9 a.m.

Matter was arrested May 10 at her home in Belvidere Township near Red Wing. A KARE 11 review of court records found that Matter was a recently-divorced mother of two in 1999 when she became pregnant with the baby eventually dumped in the boat harbor. Matter told investigators she didn't realize she was pregnant, had been drinking too much, and gave birth in her bathroom. She claimed the baby was stillborn and dumped the body at night.

Investigators were able to find the father of the 1999 baby with help from a genetic genealogy company. He was not her ex-husband. By all accounts in the court papers, the man never knew Matter was pregnant.

It is unclear whether authorities have been able to track down the father of the 2003 baby. It is not the same man as in 1999.

Matter worked as a cosmetologist for a number of years in Red Wing during that time frame. In 2008, Matter gave birth again, so she has three living children.

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