People v. Burke CA4/2

FACTS

A. PROSECUTION CASE-IN-CHIEF

1. JANE DOE’S TESTIMONY

Doe was 17 years old at the time of trial and had graduated from high school. Her

father was J.B. (Father) and her mother was K.D. (Mother). Defendant was Mother’s ex-

boyfriend. Doe was eight years old when defendant and Mother started dating.

Defendant moved in with them when she was 11 or 12 years old. Doe had a friendly

relationship with defendant. Defendant and Mother had three children together. Mother

would discipline Doe if she got in trouble; defendant never disciplined her. Doe would

sometimes discuss crushes she had on boys with defendant beginning when she was in

fifth grade. She never talked about sex with defendant. Doe did not discuss personal

things with defendant, such as getting her period. She spoke with Mother and Father

about those personal things. Doe did not see defendant as a father figure; he was more of

a friend. As she got older, she did not feel safe talking to defendant about boys as she

thought he started to look at her in a different way.

Doe started to feel unsafe in eighth grade when she and defendant were in his car

and he told her, “he had a dream about me, that we…