People v. Salazar CA6

I. Statement of Facts

A. Prosecution Case Audrey Doe was 10 years old when she testified. In December 2010, she was eight years old and in the third grade. Her mother is Elena A. Ms. A. is a school secretary at the same school that Audrey attends. During the 2010-2011 school year, Audrey went to day care, which was operated by Gloria Salazar, defendant’s wife. Ms. A. would drop Audrey off at day care before school at 7:30 a.m. and pick her up after school between 4:00 p.m. and 4:15 p.m. On the morning of December 7, 2010, Ms. A. was driving her son to school. Audrey was sitting in the back seat and she asked her mother if she had ever choked on water. Audrey stated that defendant “had hugged her from the back when she was drinking water and had squeezed her and the water came back up and choked her and made her cough and that it had gone in her nose.” Audrey then said that “he’s been touching me in my privates.” Ms. A. asked Audrey what she meant by touching and why she had not told her before. Audrey replied that he had touched her like in a movie that the family had watched. Ms. A. explained that there was a scene in this movie where one person put his hand “on the other…