People v. Tholl CA3

BACKGROUND

The People charged defendant with 15 counts of violating Penal Code section 288, subdivision (a) or (b)(1)1 against four boys, S., A., T. and Z. B., defendant’s stepbrother, was S. and Z.’s stepfather. A. and T. were S. and Z.’s friends.

1 Undesignated statutory references are to the Penal Code.

2 Defendant forced S. to put his mouth on defendant’s penis for the first time when S. was six or seven years old. S. told defendant he did not know if he wanted to do that and defendant responded, “you’ll start liking it, you don’t know what you like, you’re not old enough to know what to like.” Defendant forced S. to perform oral sex on defendant until defendant ejaculated in S.’s mouth. S. described incidents of forced oral copulation by defendant when S. was eight through 16 or 17 years old. Defendant tried to have anal sex with S. when S. was 13 years old. When S. told defendant he did not want to have anal sex, defendant responded that S. did not know what he wanted because he was too young to know and he would learn to eventually like it one day. S. testified that defendant orally copulated him a couple of times, sodomized him once, and had S. orally copulate defendant…