Blackburn

Real party in interest, Pamela Kelso who is now 26 years old, has accused her stepfather, Jack Arthur Blackburn, the petitioner herein, of sexually molesting her while she was between 13 and 18 years old. Kelso claims that the molestations started in 1980 and continued through 1985. If true, these alleged acts would constitute violations of Penal Code sections 261, 288, and 288, subdivision (a).

Blackburn refused to answer most of the questions asked at his deposition, claiming the privilege against self-incrimination. The trial court denied his request for a protective order and he sought a writ of mandate/prohibition from this court. We stayed discovery proceedings, issued an alternative writ and heard oral argument.

At first, the trial court granted Kelso’s request that Blackburn be precluded from testifying at trial as a consequence of his privilege claim, but then reconsidered and denied that request. The court also denied Blackburn’s request for immunity from prosecution regarding his testimony during discovery or trial. Notice of the request for immunity was sent to the Orange County and Los Angeles County District Attorney’s offices. The Orange County District…