People v. Valdez CA4/2
Opinion
Opinion
FACTS
Jane was 14 years old during the trial.2 She testified that she lived in a house with
her mother, her twin brothers, her aunt and uncle (her mother’s brother), and her three
cousins, including her cousin M.3 Sometime later, defendant also moved into the home.
Jane referred to defendant as “uncle,” but he was actually Jane’s mother’s cousin.
Defendant would drive Jane’s mother to doctor’s appointments and other places,
and he started to spend time with Jane and M. He bought them food and sometimes let
Jane use his phone to play games or to text message her cousins. When defendant would
not give her his phone, Jane would “play around” and try to take the phone away from
him. If she managed to get the phone, he would wrestle and tickle her. While wrestling,
defendant inappropriately touched Jane’s breasts.
Once, when everyone was gone from the home except for defendant, Jane, and M.,
Jane asked to use defendant’s phone. Defendant told her that “in order to use his phone,”
she had to “pleasure him.” Jane said, “No,” and defendant went to his room. Later, while
Jane and M. were watching television in another room, defendant called out for Jane.