People v. Camarena CA6

FACTS

The statement of facts is based on evidence presented at the preliminary hearing and information from the probation report. From 2003 until 2006, the victim in this case (a female child, hereafter “Victim”) lived with her mother (Mother) in a rented room in defendant’s house in San José. Initially, defendant and his wife lived in the house. Later, they moved to an apartment. After defendant moved, he invited Victim to his apartment on several occasions to swim and play with his teenage daughter. In January 2006, when Victim was eight years old, defendant called Mother and said he wanted to take some photographs of Victim to send to his mother. When Mother asked Victim about it, Victim appeared scared and nervous and said she did not want to go to defendant’s apartment. When Mother asked

2 her why, Victim said defendant had been molesting her and had touched “her intimate parts” (Mother’s words). Mother reported defendant to the police that day. San José Police Officer Carlos Melo, who is bilingual in English and Spanish, investigated this case in 2006. He interviewed Victim twice. Victim told him she had been to defendant’s home several times. She said defendant took her…