Diggs

Donald Diggs was charged in an information filed November 8, 1978, with assault with intent to commit rape in violation of Penal Code section 220. The charge was based on the following facts.

On September 8, 1978, Susan A. went with some friends to Neptune’s Table, a cocktail lounge on Fisherman’s Wharf in Monterey, arriving at approximately 11:30 p.m. Soon afterward, she went to the restroom, walked into the first stall and closed the door. After a short time, she heard the outside door open and close. As she left the stall, she was seized from behind by a man who pushed her in front of him into the last stall, locked the door and began to molest her sexually. Thinking her assailant intended to rape her, Susan turned to face him and implored him not to hurt her. As a pretext, she told him that she was pregnant and that he was sure to kill her baby. After a brief exchange, the man released his victim and ran out of the restroom.

Susan was able to recall that her assailant was black, had a moustache, goatee, afro, and muttonchop sideburns, was wearing a blue sweatshirt with a rounded collar, and dirty white tennis shoes. She identified Diggs as her assailant at…