Daggett

Rickie Lynn Daggett was charged with 8 counts of sexual offenses against Daryl H., a child under age 14 and more than 10 years younger than Daggett. A jury found him guilty of four of those counts.

Daggett contends, among other matters, that the trial court abused its discretion when it refused to hold a hearing pursuant to Evidence Code section 782 on the admissibility of evidence that Daryl had been previously molested by other children. He also asserts prosecutorial misconduct. We agree and reverse.

Facts

After Daryl had been charged in juvenile court with molesting two younger children, he told the police in February of 1989, that Daggett had molested him on three occasions in 1987: in September prior to his eleventh birthday, then around Thanksgiving and finally shortly after Christmas. Daggett had been married to Daryl’s mother and they all lived together, along with two of Daggett’s natural children, from September of 1987 through the early part of 1988.

While the juvenile charges were still pending against Daryl, the charges arising from Daryl’s accusations against Daggett came to trial.

Daggett brought a motion pursuant to Evidence Code section 782 seeking…