People v. Lomeli CA2/8

FACTS AND PROCEDURE

In the spring of 2012, defendant moved in with his girlfriend and her three children— H., B., and J. At the time defendant moved into their household, H. was six years old, and B. was eight years old. Defendant sometimes babysat the children while their mother worked. H. and B. testified that defendant sexually abused them. 1. H. H. first reported the abuse to her babysitter Nidia Gonzalez. She told Gonzalez that defendant touched her on a daily basis. Gonzalez asked H. to describe how and when defendant touched her. H. responded that defendant licked her anus and vagina, put his penis in her hand, rubbed his penis on top of her vagina, and put his fingers inside her vagina and anus. After reporting the abuse to Gonzalez, H. spoke to Officer Daniel Jauregui. Officer Jauregui did not question her extensively and did not recall the specific questions he asked. H. told Officer Jauregui that defendant rubbed her and inserted his fingers in her vagina. Later, H. told Officer Martha Tate that defendant touched her and licked her private parts. H. also said that defendant touched her anus with his penis. Nurse practitioner Toyetta Beukes examined H. and found that…