The People v. Wright CA1/1

I. BACKGROUND

Defendant was charged in a consolidated information, filed June 14, 2010, with committing a lewd act upon a child under the age of 14 (Pen. Code, § 288, subd. (a)) and possession of child pornography (Pen. Code, § 311.11, subd. (a)). Defendant rented a room in a large home owned by the parents of the victim, A., an 11-year-old girl. In return for a reduction in rent, defendant babysat A. and her younger brother a few hours per week. On the night of the molestation, A.‘s parents had gone out to dinner, leaving A. and her brother in defendant‘s care. That night, defendant, A., and her brother watched television in one room, while defendant‘s daughter, who stayed with him some nights, was in and out. At some point, while defendant‘s daughter was in his room, A. entered and told the daughter that defendant had touched A. between her legs, underneath her clothing, while she was lying near him on the couch. A. said this ―had just happened.‖ She also said she felt sick, and she ―was starting to cry.‖ When defendant entered the room a few minutes later, A. began to cry again. Within a half-hour, A.‘s parents returned to the house. A. told them, with a ―horrible expression‖…