People v. Kane CA2/5

STATEMENT OF FACTS

Dissolution of the Marriage of Defendant and Michelle Kane

Defendant was married to the victim, Michelle Kane (Michelle).2 They had a son and daughter. Defendant moved out of the family home in February 2013. Michelle

All further statutory citations are to the Penal Code unless otherwise indicated.

2 Because there are multiple women named Michelle in this case, for clarity we refer to the victim, Michelle Kane, by her first name.

2 filed for dissolution of the marriage in April 2013. Michelle obtained a temporary restraining order on April 24, 2013, which ordered that defendant not threaten or harass her and authorized her to legally record conversations during custodial exchanges. The restraining order was in effect during the period spanning June 13-15, 2013.

“The Beast is Hungry” and Other Threats

As part of a custody agreement, defendant and Michelle exchanged the children in the parking lot of the police station in Topanga on June 13, 2013. Michelle recorded defendant making various threats to her. Defendant said to Michelle, “The beast is hungry. He’s ready to feed. You’re not going to make it a week. Forget it, we’re not making it a week. [¶]…