People v. Santana CA2/1

BACKGROUND

Evidence Presented at Trial The victim is Santana’s granddaughter, Elizabeth. Santana’s son is Elizabeth’s father. The conduct which forms the basis of the lewd conduct charge occurred in late August 2011, when Elizabeth was eight years old. Elizabeth reported Santana’s conduct to her mother, Nancy R., in October 2011. The evidence presented at trial began with that disclosure. Elizabeth was nine years old at the time trial commenced on March 26, 2013. Nancy R.’s testimony On October 17, 2011, Santana picked up Nancy and her seven-year-old son at the train station. Santana drove them to his ex-wife’s (Elizabeth’s grandmother) home to pick up Elizabeth. As she entered the car, Elizabeth did not “say hi” or “anything” at all. From there, Santana took Nancy and her two children to their house. Nancy noticed Elizabeth was quiet on the ride home, which was “strange.”

1 Further statutory references are to the Penal Code.

2 When they arrived at her house, Nancy exited Santana’s car and took her belongings inside. Elizabeth also exited the car, but stayed outside. When Nancy returned, Santana and Elizabeth were standing behind the car looking at clothes Santana had bought…