People v. Pitt CA5

STATEMENT OF THE CASE

This case arises out of appellant’s alleged sex crimes against N., A. and T. Although he was acquitted of the charges involving A. and T., we include the evidence related to those counts as it is relevant to appellant’s joinder claim. Child N. Appellant’s daughter, N., was born in February of 1995. Appellant began touching her inappropriately when she was six years old. He rubbed her vagina with his penis and ejaculated. He also orally copulated her “[j]ust about everyday” between the ages of six and 10. He continued “rubbing” her until she was 12 years old. He had vaginal intercourse with her for the first time when she was 10 years old. He did not vaginally penetrate her again with his penis until she was 12, at which point it became a regular daily occurrence for two and one-half years. The number of times appellant sexually abused N. was in the hundreds. Appellant also had N. orally copulate him on a regular basis. N. did not recall when that started, but knew it was before she was 10 years old. He ejaculated in her mouth when she was 12 or 13 years old, although he did that only a few times. N. did not always live with appellant between the ages of six…