People v. Gallarzo CA4/1

FACTS AND PROCEDURAL HITORY

A. Brief Facts

1. Incident with C.O.

On August 26, 2011, Gallarzo's sister-in-law, Carmen G., was visiting Gallarzo's

house with her four-year-old granddaughter C.O. Carmen found C.O. in the bedroom

with Gallarzo in a suspicious position: C.O. was sitting on the bed and Gallarzo was bent

down towards C.O.'s legs. Alexis, C.O.'s four-year-old cousin, was also in the room,

playing on the floor. Carmen feared the worst and screamed "What are [sic] doing with

the girl"; Gallarzo responded that he was putting on her shoes.

Later, after initially denying that anything happened, C.O. told Carmen that

Gallarzo had touched her private parts, stating, "he touched my colita with his fingers."

The next day, C.O. went to the police station with her mother Karla and

grandmother Carmen. Carmen recalled similar past behavior of Gallarzo with other

children, and thus checked with her other granddaughters regarding their interaction with

Gallarzo. More potential victims were identified and brought in for questioning.

At trial, then five-year-old C.O. demonstrated for the jury how Gallarzo had

"cup[ped] her vagina" and testified she…