People v. Burke CA3

FACTS AND PROCEEDNGS

In June 2010, defendant lived with his then-girlfriend (later, his wife), Jennifer H., and Jennifer’s three children. On June 12, 2010, Jennifer held a birthday pool party for her daughter, I.H., at Jennifer’s sister’s house. Eight year-old victim S.L. attended the party. After the party, S.L. and several other children went to defendant’s house for a slumber party. The children swam in the pool and played for a while. At some point, defendant told S.L. to bring her two younger siblings inside the house. When S.L. did, defendant said, “Come here and give your uncle a kiss.” S.L. kissed defendant on the cheek. Defendant said, “Give me a kiss on the lips.” S.L. kissed him on the lips, but defendant instructed, “No, put your tongue in my mouth and wiggle it.” Not knowing what else to do, S.L. complied. Defendant also wiggled his tongue around. Although S.L. felt “[r]eally uncomfortable,” she did not immediately tell anyone about the incident because she was afraid and did not know what to do. That same day, S.L. and some of the other girls were playing dress-up and modeling for Jennifer. S.L. was wearing underwear, tights and a dress. As she sat on the floor by…