People v. Pool CA1/2

BACKGROUND

I. Counts 1, 2, 3, and 4 (F.E.)

Between 2011 and 2012, Pool was friends with F.E.’s stepfather. The two families were “really close” and would take trips together. Pool’s then- partner Lily would frequently babysit F.E. and F.E.’s little sister; Pool abused F.E. multiple times when Lily babysat. F.E.’s “first memory” of the abuse was from when she was five years old. Pool had been driving his red “family” van; his son and F.E.’s sister were in the middle seats, and F.E. was sitting “all the way in the back” in the third row. Pool parked by a creek “where . . . nobody [could] see anything” and joined F.E. in the back row. While Pool’s son and F.E.’s sister were still in the van, Pool “pulled [F.E.’s] pants down and [her] underwear down, and he started masturbating in front of [her]” and “rub[bing] his penis on [F.E.’s] . . . vagina.” Eventually, Pool ejaculated. F.E. “asked him what it was,” and Pool said that it was “something good for [her].” After that first time, “it would keep happening.” F.E. could not remember “exactly how many times it happened,” but it happened “most of the times” that Lily babysat F.E. and her sister or when Pool drove the children to school.…