Baylor

1. Introduction

In December 1996 and June 1997, in La Quinta and Palm Desert, three women were raped in separate incidents by a man who entered their homes late at night as they slept. All the women said the man wore gloves or mittens. Two women said he wore a tight-fitting cap. One said he wore a jacket and T-shirt. Another described him as wearing a ski mask and a long-sleeved black sweatshirt. DNA evidence connected defendant to the rapes. Defendant offered an alibi defense based on the testimony of his former wife, mother-in-law, and sister-in-law.

A jury convicted defendant of four counts of rape and three counts of burglary involving the three victims. The court sentenced him to a collective total sentence of 100 years to life.

Defendant appeals, challenging his initial detention and the DNA evidence and claiming Griffin error. We find no error below.

2., 3.

4. DNA Evidence

In 1987, defendant had previously been convicted of rape involving two victims. That conviction was overturned by the Ninth Circuit Court of Appeals in September 1996 on a petition for writ of habeas corpus.

In March 1994, while defendant was still incarcerated, he was required by former…