Keener

Gary Lee Keener was convicted of assault with intent to commit rape (Pen. Code, § 220), [1] attempted oral copulation of a minor (§§ 664/288a, subd. (b)(1)), and false imprisonment (§ 236), with use of a firearm (§ 12022.5). He contends 1) the warrantless seizure of evidence in his apartment violated his Fourth Amendment rights; 2) the court improperly admitted hearsay statements of the victim; and 3) the court improperly admitted evidence of defendant's refusal to allow police to enter his apartment. [2] We agree with contentions one and three, and reverse.

Jeanette K, age 15, agreed to do housework for defendant. After she ironed, cleaned the house and did his laundry, she summoned him from the pool and prepared to leave. Jeanette refused Keener's suggestion she share some champagne after which Keener got a gun, attempted intercourse and orally copulated her. After Jeanette convinced him to stop, she was allowed to leave, although Keener threatened to kill the police and himself if she reported the incident.

Jeanette immediately notified the police, telling them of defendant's whereabouts and threats. The police went to defendant's apartment to talk to…