Schroeder

BACKGROUND

In May 1999, Russell Franklin Schroeder was charged under California Penal Code § 288 and § 288.2 with five counts of sexual misconduct in Santa Clara County Superior Court: three counts of committing a lewd act on his grand- daughter Jessica D.,1 one count of committing a lewd act on his granddaughter Alicia D., and one count of exhibiting harmful material to Jessica. The events giving rise to the indictment took place in January 1994. At that time, Schroeder’s daughter Marcia left Jessica and Alicia with Schroeder overnight while she went on a short trip. Schroeder allegedly made both girls perform oral sex on him, performed oral sex on Jessica, made Jessica touch her genitals with a vibrator, and showed pornographic movies to Jessica. Jessica testified at trial to these events. 1 The parties refer to the victims by their first names throughout the pro- ceedings both to aid clarity and protect the victims’ privacy, and we adopt that convention here. SCHROEDER v. TILTON 7985 At trial, the prosecution introduced evidence, over the defense’s objection, that Schroeder had previously molested both of his daughters, Marcia and Lisa, over a period of…