People v. Arnold CA3

BACKGROUND

Defendant is the great-uncle of B., born in December 2007. At the time of trial (September and October 2019), B. was 11 years old. The incidents of molestation giving rise to this case occurred between December 18, 2014, and June 5, 2016, when B. was seven and eight years old and defendant was 58 to 60 years old. At all relevant times, B.’s great-grandparents and defendant lived in separate houses on the same property in Sacramento. At trial, B. described defendant as a “[g]ood guy all around,” a “nice guy,” and a “[b]est friend.” They spent holidays together with family and hung out often, including watching soccer on television, playing games, and visiting museums. When B. went to defendant’s house, he and defendant played a game that required them to get to the “zombie safe zone,” which was located in a narrow alleyway between B.’s great-grandparents’ house and defendant’s house. Defendant taught B. that, once inside the zombie safe zone, they needed to pull their pants and underwear down. On numerous occasions, defendant molested B. while they were in the zombie safe zone. He touched B.’s penis and buttock with his hand and mouth and made B. touch his penis and…