People v. Wyman CA3

BACKGROUND

C.C. spent the night at defendant’s house when she was seven or eight years old. Her aunt dropped her off there. Defendant was at the house with his girlfriend.

1 C.C. watched cartoons with defendant’s girlfriend while defendant went out. Defendant did not return until later in the evening when C.C. was asleep on the couch and defendant’s girlfriend was in the bedroom. Defendant sat next to C.C. on the couch, touched her knee, and took her clothes off. C.C. began crying and told defendant to stop, saying she wanted to go home. Defendant put his hand over her mouth and told her to shut up. He said he would kill her sister if C.C. said anything. She was trying to get away, but defendant kept pushing her back down. Defendant took his clothes off, touched C.C.’s chest, and touched his “private parts” to her “private parts.” C.C. told a forensic interviewer that defendant hurt her inside her private part when he put his private part inside of her. She said he did it more than one time, and that she felt pressure on her body when this was happening. C.C. was scared. Eventually defendant returned to his bedroom. A recording of C.C.’s interview with the forensic interviewer…