People v. Channoi CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

A. The Offense Against S. At the time of the molestation in 2008, Channoi was about 21 years old and lived in a Fresno apartment with his parents, who were disabled and did not work, and his grandmother. Seven-year-old S. lived with her grandmother in an apartment over a mile away from Channoi’s. Channoi’s mother is the sister of S.’s grandmother, making S. the daughter of Channoi’s first cousin. S. was 16 years old at the time of trial. She testified that on the occasion in question her grandmother left her at Channoi’s apartment. S. and Channoi were the only ones there. S. stated that Channoi called her into a bedroom, and she took her pants off. Channoi then touched her vagina over her underwear with his finger. S. testified the contact ended when her “grandma walked in.”

2 S. subsequently entered foster care, and she reported the incident with Channoi to her foster mother in early 2012, when she was 10 years old. A Fresno police officer testified about the statement S. gave at that time, which differed in significant respects from her trial testimony. S. told the officer that while she was in the bedroom with Channoi, he…