People v. Pickett CA4/2

STATEMENT OF FACTS

A. Background.

Defendant and his wife Desiree lived in Hemet. They had two children — Jane

Doe No. 1 (Doe 1)1 and a younger son. Desiree’s grandmother, Hazel B., lived nearby

and saw the family every day.

In 2012, defendant and Desiree agreed to get divorced. Defendant, however, was

not financially able to move out, so he continued to live in the house; he slept on a couch

in the living room.

B. Doe 1 Discloses to Hazel B..

As of mid-March 2013, Doe 1 was six years old. One day around that time, when

the whole family was in the car, Doe 1 whispered to Hazel B., “My daddy and I have a

secret.” She added that she was not supposed to tell her mother. Hazel B. did not think

defendant had heard. She “let it go until [she] could talk to [Doe 1] privately . . . .”

Two days later, Hazel B. asked Doe 1, “Did you and your daddy have a secret?”

Doe 1 said, “Yes.” Hazel B. asked, “Did he . . . put his penis on you?” Doe 1 said,

The trial court ordered that the victims of both the charged and uncharged sexual offenses be referred to by fictitious names. (Pen. Code, § 293.5.)

3 “Yes.” Hazel B. asked “if he put it in her,” and Doe 1 said no. Doe…