People v. McKinney CA3

BACKGROUND

McKinney was charged with forcible rape of a child (Pen. Code, § 264, subd. (c)(1); count 1), lewd acts upon a child (§ 288, subd. (a); count 2), and aggravated sexual assault of a child who is under age 14 and seven or more years younger than the perpetrator (§ 269, subd. (a)(1); count 3).1 Various defense attorneys were appointed and relieved over the course of the pretrial proceedings. Ultimately, McKinney represented himself at trial. At trial, the victim testified that McKinney, her father, raped her at his apartment one night in November 2019 when she was 13 years old. The victim reported the assault to law enforcement, and she underwent a Sexual Assault Response Team (SART) examination approximately three days after the assault occurred. During the SART exam, the nurse took two sets of swabs of multiple parts of the victim’s body to collect potential physical evidence for DNA testing. The nurse additionally obtained reference buccal swabs from the inside of the victim’s cheek. She also collected for DNA testing the underwear the victim wore to the exam. After the exam, law enforcement collected a pair of black pajama pants that the victim reportedly wore the…