People v. McCormick CA1/1

BACKGROUND

Prosecution’s Case N.W.,1 one of defendant’s granddaughters, testified she understood she was in court because she “got touched” by defendant “[m]ore than one time.” The last instance of this occurred when N.W. was nine years old and sitting

To protect personal privacy interests, we refer to witnesses by their

first names or initials. (Cal. Rules of Court, rule 8.90(b).)

1 on the couch in her home with defendant and her sister L.W.2 Defendant “[g]ot closer” to N.W. and then “held onto [her], and he touched [her]” on her shoulder and left arm. Defendant then “dipped in [her] pants,” touching “inside” her “private part” with “[h]is palm.” N.W. later told one of her older sisters, C.W., of the incident. N.W. did not recall discussing other such incidents. During a multidisciplinary interview, N.W. stated defendant touched her “area part” twice with one hand and that he also touched her “bottom.” In one instance, N.W. was on the couch with defendant and defendant left his hand inside N.W.’s pants until he “heard the garage open,” indicating her mother (Mother) had arrived. In the second instance, N.W. was on the couch at her mother’s home with defendant and L.W. N.W.…