People v. Kon CA4/3

FACTS

M.A., the victim, was best friends with defendant’s daughter J.K. and spent four to seven nights a month at defendant’s home when she was in the third grade. On October 5, 2010, while her father Mark was putting nine-year-old M.A. to bed, she told him she did not want to go to the Kon house to spend the night anymore. Her father asked her why, and she said it was because defendant touched her in a way she did not like and hurt her “a little bit.” She pointed to her vaginal area as the area defendant touched.

The parole revocation fine was stayed pending successful completion of parole.

2 Mark told his wife T.A. what M.A. said. T.A. then spoke with M.A. M.A. told her defendant “was touching” her on her bottom or vaginal area. T.A. went to the Irvine Police Department the next day and left her contact information. Later that day, Officer Jennifer Johnsen called the telephone number T.A. left and spoke with Mark. Mark asked Johnsen to come to their home and take a report. Johnsen went to the residence and spoke with Mark on the front porch. He told Johnsen what M.A. said to him. Detective Timothy Schilling arrived while Johnsen was speaking with T.A. on the porch.…