People v. John CA2/2

FACTS

Zal Batmanglij was using his home computer at 1:00 a.m. on March 23, 2012. He heard footsteps above him, on the second floor of the house where he lives alone. Batmanglij quietly left the house and ran to a neighbor, Ofer Moses, telling Moses that he thought there was an intruder. The two men walked to a point where they had a clear view of Batmanglij’s house. They saw a man’s face appear in the upstairs sliding glass door. Batmanglij described the face as “very pale” and “ominous” looking. Frightened, he called 911 to summon help. During the 911 call, Batmanglij watched his house and did not see anyone leave it. At trial, Moses identified the face he saw in the window as defendant John. Moses testified that defendant stood at the window for 20 to 30 seconds, and what he saw was “unmistakable.” Moses witnessed several LAPD officers approaching Batmanglij’s house on foot. Moses saw defendant leave the house as the police arrived. Police Officer Jonathan Pacheco and a partner shined their flashlights on a Caucasian male carrying two paper bags, just outside a door to the victim’s house. Pacheco identified the man as defendant. When ordered to stop, defendant looked in the…