People v. Bailey CA3

FACTS AND HISTORY OF THE PROCEEDINGS

A second information, filed prior to the commencement of defendant’s second trial, charged defendant in count one with violation of section 288, subdivision (b)(1),

2 lewd and lascivious act, “fingers to vagina in living room,” on a child under the age of 14 by use of force, violence, duress, menace, and threat of great bodily harm. Count two charged defendant with violation of section 288, subdivision (b)(1), lewd and lascivious act, “grabbed her hand and made her rub his penis,” on a child under the age of 14 by use of force, violence, duress, menace, and threat of great bodily harm. Both acts were alleged to have occurred on or about and between May 15, 2014, and January 19, 2015.

The Prosecution Evidence

Carolina was the cousin of the victim’s father, Tony. Carolina also had been good friends with the victim’s mother, Brittany, however, at some point, Carolina and Brittany became estranged and stopped talking. Brittany remained close with Carolina’s mother and Carolina’s sister, Diana. Carolina was close with the victim and was her babysitter. At some point, the victim’s parents split up and later Carolina learned Brittany was dating…