People v. Kieu CA4/3

FACTS

During their marriage, defendant and the victim had an active sex life. A year into their marriage, the victim announced he wanted a divorce. While the couple continued to live together, the victim rebuffed defendant’s repeated sexual advances. Eventually, the victim filed for divorce. The victim also began spending time with his former girlfriend. Defendant knew about these interactions because she recorded them on devices she had placed throughout the apartment and in the victim’s car.

2 One evening, defendant served the victim a tofu and chicken dish for dinner that she had laced with Zolpidem—a sleeping medication. The drug caused the victim to become sleepy and to go to bed several hours earlier than normal. When the victim awoke, he found his wrists and ankles were tied to the bedposts. Defendant pulled down the victim’s shorts, cut off his penis, and tossed it on the carpet. Defendant then said, “You deserve it, you won’t let me, you deserve it, you deserve it!” The victim testified he was terrified and in excruciating pain. Defendant then asked, “[D]o you want me to take care of it or do you want me to call the police or 9-1-1?” The victim asked her to call the…