People v. Delgado CA1/1

BACKGROUND

Events at Victoria Park In May 2012, an eight-year-old girl with Down’s Syndrome, Jane Doe, went to Victoria Park in San Francisco with her mother and siblings. At some point, Doe went off to use the bathroom and Doe’s mother lost sight of her for a few minutes. Maria K. and her then-boyfriend Joseph A. were also at Victoria Park. They were homeless at the time and park regulars. Maria, like Doe, went to use the park’s

1 bathroom. She entered the men’s bathroom because the women’s one was occupied. Once inside, Maria saw defendant in a stall facing the toilet. She also saw a little girl, facing defendant, with her back toward the toilet. Defendant was holding the young girl by the head or hair and his penis was in her mouth. The little girl was gagging. Maria was later able to identify the girl as Doe. Maria left the bathroom, called Joseph for help, and told him what she had seen. Then, as Joseph tells it, Joseph confronted defendant and asked what he was doing. Defendant said he was cleaning the bathrooms. Joseph then saw a little girl running away. Defendant fled the park as a posse Joseph had roused attacked and pursued him. A man ran up to Doe’s mother and told…