People v. Fernandez CA3

BACKGROUND

G.F. and defendant were married in 2008 and lived together with G.F.’s children, including her 10-year-old daughter, J.L. The day after G.F. and defendant had a fight, and at the prompting of defendant’s relative, G.F. asked her children whether defendant had done anything to them. Still angry from the fight, G.F. called the Redding police and reported J.L. had said defendant had touched her vagina. G.F. later admitted J.L. had not told her defendant had touched her. Redding Police Department Corporal Christopher Mills interviewed J.L. the same day G.F. made the report. Mills testified that interviewing children is different than interviewing an adult and requires him to ask open-ended questions that avoid suggesting a response. Mills instructed J.L. to correct him if he misstated anything and to identify subjects she did not understand, such that she could be comfortable telling the truth. Mills opined it can be very difficult for children to tell male investigators about their first sexual experience, especially where it is not consensual. Mills recalled J.L. was uncomfortable answering questions about defendant’s ongoing sexual contact with her. Corporal Mills…