Clements

FACTS

A. The Facts as Set Out in the Opinion from Clements’ First Appeal

The facts in this part of the opinion come directly from the unpublished opinion

we issued in 1994, affirming Clements’ conviction in case No. E008001.

In January 1988, Clements and her ex-husband located the victim at a juvenile

facility in New Mexico. Clements and the victim, who were brother and sister, had been

separated during childhood. The three traveled some and eventually settled in Texas,

during which time sexual relations took place between Clements and the victim, and

between all three at once. This caused fighting between Clements and her ex-husband,

and Clements returned to California with the victim in late April or early May.

The relationship between Clements and the victim soured in California. After the

murder, Clements admitted she had been envious because the minor victim received

money from the social security system due to the death of their father and she, because of

her majority, did not. Although Clements was, by May before the murder, having a

sexual relationship with her new boyfriend, and was not interested in continuing to have

sex with the victim, the latter did…