People v. Madrid CA2/8

FACTS AND PROCEEDINGS

Appellant Moises Encarnacion Madrid is the father of victim E., who was born in 2006. Appellant and E.’s mother were married but separated in 2008. During the weekend of August 31-September 2, 2012, E. stayed with appellant in his home under appellant’s and mother’s visitation agreement. When appellant returned E. to mother’s custody at the end of the weekend, mother saw that E. seemed uncharacteristically quiet. When mother asked if anything happened over the weekend, E. said appellant had touched her “pee pee,” which E. demonstrated with a “circular rubbing motion.” Mother reported appellant to law enforcement and child welfare authorities. The People filed an information alleging appellant had committed a lewd act upon a child under the age of 14 years, misdemeanor child molesting, and sexual penetration of a child 10 years old or younger. Appellant pleaded not guilty. At trial, E. testified that she slept in appellant’s bed during her visit. One night while she was in bed, appellant touched her “private part” by putting his finger inside her “pee pee” ten times. When the prosecutor asked E. additional questions about how appellant touched her, E. was…