People v. Flener CA3

BACKGROUND

Defendant was married to the mother of his stepdaughters, Does 1, 2, and 3. The stepdaughters lived with their mother and defendant every other week. The charged offenses relate to Does 1 and 2. Doe 1 was 15 years old at the time she testified. She said defendant put his hand under Doe 1’s clothes and touched her vagina when they lay on the living room couch to watch a show after everyone else had gone to bed. He did that probably more than five times. She was in the fifth or sixth grade the first time it happened. One time he said it was dry and licked his finger before continuing to touch her vagina. He touched the outside and inside of her vagina. On another occasion, Doe 1 awoke in her bed to find defendant touching her crotch with his hand. Doe 2 was asleep in the same room. There was also a time when defendant moved her hand up and down his hard penis. And when Doe 1 was in the seventh grade, defendant put his hand under her clothes and moved his hand on her breast as she sat on his lap. Doe 2 was 13 years old at the time of the trial. Defendant told her they would watch a show together and he would do the same with her sisters. She picked a show

2 to watch. She…