People v. Zambrana-Aleman CA1/4

BACKGROUND

The following summary of the evidence focuses on the issues raised on appeal and is not meant to be exhaustive. We reference additional testimony as necessary in our discussion section, post.

People v. Kelly (1976) 17 Cal.3d 24; Frye v. United States (D.C. Cir.

1923) 293 F. 1013.

1 Zambrana-Aleman began dating Samantha’s mother, Jacqueline, when Samantha was four or five years old. He moved in when Samantha was seven or eight and moved out when his relationship with Jacqueline ended in July 2019; Samantha was 20. From age 10 or 11 until May 2019, Zambrana- Aleman subjected Samantha to various acts of sexual abuse.2 At trial, Samantha testified that, starting when she was around 12, she would sometimes wake up late at night to find Zambrana-Aleman in her bedroom touching her breasts, buttocks, and vagina. She started wearing multiple layers of t-shirts and sweatshirts, a bra, underwear, and sweatpants with a double or triple knotted drawstring to bed, but, even so, she sometimes woke up to find her clothing and bedding had been disturbed. Samantha did not tell anyone about the abuse because Zambrana-Aleman told her not to; she was afraid; she feared nobody would…