People v. Latifi CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant, his wife, and their daughter, moved into an apartment when the daughter was six years old. The victim, who attended the same school as the daughter, lived next door with her family, including her mother, father, and three siblings. The two girls became best friends, and they played together daily. The families also became friendly. By 2019, when the victim was seven years old, she played with the daughter at defendant’s apartment about four times a week. During 2020, defendant and his wife also babysat the victim when she participated in remote learning and her mother was at work. When the victim came over, defendant would regularly join the girls in play, while defendant’s wife would stay in their bedroom with the door closed.

Count One

One time, defendant was playing hide-and-seek with his daughter while the victim was on the couch playing games on the daughter’s phone. Defendant’s wife was in their bedroom with the door closed. While the daughter was hiding in the bathroom, defendant knelt on the floor next to the victim as he counted to 10 for hide-and-seek. Defendant had pulled down the victim’s pants and underwear. Between…