People v. Vivano CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

On the evening of July 14, 2000, a 19-year-old woman who was visiting Oakland went out with an African-American man she met on a “party line” that people could call to meet others. Their date ended when the man, while driving in an area of Oakland known for prostitution, suggested she should get out of the car and “make him some money.” The victim was offended, argued with the man, got out of the car, walked away, and planned to call a friend on a pay phone. Before the victim could find a phone, a Hispanic man she did not know drove up from behind her and asked if she wanted a ride. She declined the offer and kept walking. Someone then came from behind her, hit her in the face, dragged her into a car, and beat her as they drove away, with part of her legs still hanging outside the car door. A total of four men, all Hispanic, were in the car, and Vivano was driving. They took the victim to a nonresidential area on Tunnel Road near Hiller Highlands in Oakland, ripped off her pants, and took turns raping her. They then pushed her out of the car and drove away. The victim ran down the mountain and flagged a passing car, and the motorist called…