People v. Newell CA5

FACTS

I

PROSECUTION EVIDENCE

On September 21, 2011, Levi Moscowitz was passing through Fresno when he came in contact with Natasha Embry, who said her name was “Cherry Blossom” and whom he believed to be a prostitute. Embry invited Moscowitz to the Fresno Inn, where she took him to room 609. Someone Embry identified as her brother (and whose name Moscowitz later learned was Gregory Jones) was fixing a bicycle inside the room. Embry and Jones started to argue, and Jones told Moscowitz to come back in about 15 minutes so they could sort things out. Moscowitz left to have lunch and returned in 15 to 20 minutes. Room 609 was empty. An older woman on the top floor asked what he was doing. When he said he was

All statutory references are to the Penal Code unless otherwise stated.

2. looking for “Cherry,” the woman said she should be back soon. Moscowitz waited around 15 to 20 minutes. A woman and two men were sitting on the stairs, talking.2 One of the men was a heavyset, younger male with orangeish hair, a goatee, and tattoos on his arm. The other was a skinny, younger male. While Moscowitz was waiting, defendant walked upstairs and to the left. He was carrying a toolbox or…