People v. Kern CA3

BACKGROUND

Kern was charged with and found guilty of crimes committed at three different massage establishments. The prosecution also introduced testimony pertaining to uncharged conduct.1 I The Robbery and Related Crimes M.D.’s Testimony: On September 14, 2022, M.D. was working at a massage establishment when Kern entered and asked the price for a massage. Kern gave M.D. $40 for a 30-minute massage and she took him into a room, explaining she would be back after he undressed. When M.D. returned to the room, Kern was still dressed, with his shirt pulled up halfway to his shoulders. M.D. asked Kern why he was not ready and he responded by asking M.D. whether she provided sexual services. M.D. said “no” and asked Kern to leave. M.D. returned the $40 Kern had given her and they walked toward the front door. Kern said his lower back hurt and he wanted an hour-long massage but needed to leave to get the additional $20. Kern left and later returned. M.D. started to walk Kern back to the room that he was originally in when Kern pushed her against the wall with one hand on her neck and the other hand bending her arm behind her back. M.D. told Kern not to hurt her and said she would give…