People v. Posada CA4/3

BACKGROUND

Posada sexually abused J.V. for over 10 years. At the age of 25, J.V. went to the police and told them she had been abused by Posada as a child. The next day, officers arranged for J.V. to make a covert call to Posada. Two officers were present in the room with J.V. during her call to Posada. Law enforcement officers directed J.V. what to say, including providing her a guide of what to talk about and aiding her during the call by taking notes and providing direction as to topics. J.V. did not tell Posada she was at the police station in the presence of law enforcement, that she was calling at their direction, or that the call was being recorded. Posada asked

1 A covert call is a recorded telephone conversation between a suspect and a victim supervised by law enforcement with the goal of getting a suspect to confess or admit to a crime.

2 J.V. three times if she was recording the conversation, and each time she responded she was not. During the call, J.V. told Posada she was having a hard time dealing with the things he did to her, wanted to move past them, and was asking for his help. She said she wanted to forgive him, but wanted to understand the reasons he did the…