People v. Villalobos CA6

I. BACKGROUND

Villalobos was charged with seven counts of committing a lewd act upon a child in violation of Penal Code section 288, subdivision (a) (counts 1-7) and one count of misdemeanor child molestation in violation of Penal Code section 647.6, subdivision (a)(1) (count 8). The first five counts concerned Villalobos’ youngest stepson. The seventh and eighth counts concerned, respectively, Villalobos’ two older stepsons. The sixth count concerned a next-door neighbor. Before trial, the People filed a motion in limine seeking, among other things, to admit expert testimony from Dr. Blake Carmichael, a clinical psychologist, concerning CSAAS. The People argued that the defense was likely to attack the credibility of the victims based on common myths and misconceptions such as that children disclose molestation immediately and in full detail, and that Dr. Carmichael’s testimony would help to dispel these misconceptions. At the hearing on the motions in limine, Villalobos opposed on the ground that the myths identified by the prosecution were common knowledge and therefore not a proper subject of expert testimony. In response, the prosecutor contended, albeit without presenting…