People v. Chenault CA4/1

Darrell L. Chenault appeals a judgment following his jury convictions on 13 counts of lewd acts on a child under 14 years of age (Pen. Code, § 288, subd. (a)) and two counts of forcible lewd acts on a child under 14 years of age (§288, subd. (b)). On appeal, he contends (1) the trial court abused its discretion by allowing a support dog to be present during the testimony of two child witnesses without individualized showings of necessity and (2) the presence of the support dog was inherently prejudicial and violated his federal constitutional rights to a fair trial and to confront the witnesses against him. Because we conclude the trial court did not abuse its discretion by allowing the support dog to be present during the testimony of the two child witnesses, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Counts 1 through 12. Chenault and his wife, Sh., had two daughters, V. and S., and an older son, B. S. was born in 1989 and V. was bom in 1991. In or about 1993, Chenault and Sh. were divorced and Sh. received custody of their children. When the children visited Chenault on weekends, he would sleep on one mattress of a trundle bed with one of the children…