Luna

Defendant, Samuel Luna, was charged with 18 sexual offenses committed against his stepdaughter, A.

Prior to trial defendant made a motion to have a doctor of his choice perform a colposcopic examination of the victim. The motion was granted. The victim’s mother, R., refused to have the child submit to the examination. She consulted a psychologist and determined that it would not be in A.’s best interest. A. had already been examined twice. Defendant made a request for sanctions, and the court denied the request with the exception that the jury could be told that the minor child refused the examination.

Dr. Diamond had examined the victim utilizing a colposcope. Defendant objected to his testimony based on Kelly-Frye. The court overruled the objection. The doctor testified to his findings. He also testified about the child abuse accommodation syndrome.

The jury found defendant guilty of six of the eighteen counts, counts VI, VIH, X, XII, XIII and XV. It also found that defendant engaged in substantial sexual conduct with a victim under the age of 11 years, occupied a position of special trust and committed an act of substantial sexual conduct within the meaning of Penal…