People v. Mills CA5

FACTS

Defendant’s niece Savannah testified at trial. Savannah had five children, including her daughter M.J. who was born in April 2007. When M.J. was 11 to 14 years old, Savannah lived with her children and her mother in Tulare. According to Savannah, defendant would sometimes come over to ask if M.J. wanted to earn money doing dishes or cleaning his house. The first time M.J. went to defendant’s house, she was almost 12 years old. M.J. went to defendant’s house to do housework “[a]t least a dozen times.” M.J. testified somewhat differently as to these events. M.J. did not go to defendant’s house to clean and she did not remember him paying her. She did recall moving around pottery at defendant’s house. When asked about her interactions with defendant, M.J. testified Savannah would call defendant and say she “needed a break” from M.J. Defendant would come pick up M.J. and bring her to his house. This occurred around six times. Usually, defendant would come alone to pick up M.J. but on rare occasions defendant’s wife would accompany him. In July 2021, M.J. told Savannah that something sexual had happened between her and defendant. Savannah later observed a scar between M.J.’s…