People v. Monterrubio CA1/2

BACKGROUND

I. Factual Background A. Prosecution Case Jane Doe was 14 years old at the time of trial. Monterrubio was her godfather and she had known him all her life. Doe’s mother, Ruth, met Monterrubio’s wife, Norma, about 16 years before trial and the two families

1 became very close.1 Ruth testified that they “did everything together,” including holidays and traveling, and she considered them family. Monterrubio and his wife had two sons: A.L., who was a grade ahead of Doe, and H.M., who was about a year younger than Doe and had autism. In May and June 2021, when Doe was 11 years old, Norma took care of her after school until Ruth picked her up around 5:00 or 5:30 p.m. Norma would walk to the school with H.M. to pick up Doe and sometimes another child she was babysitting. Doe testified that they would get to Norma’s apartment about 3:00 p.m. The apartment consisted of a kitchen connected to the living room; a bedroom shared by Monterrubio’s family; and a bathroom accessed through the bedroom. There was also a second bedroom with a bathroom across the hall that was used by roommates who split the rent with the family. Doe testified that when they got to the apartment after…