People v. Fregoso CA2/6

STATEMENT OF FACTS

Prosecution Appellant was convicted of sodomizing his niece L.C., who was eight years old when she testified at his trial. Beginning in 2012, when L.C. was six years old, she and her mother Maria (the sister of appellant’s wife Enedelia Gaspar) often spent the night at her grandparents’ house. L.C. slept in a bedroom with appellant, Gaspar, and their three-year-old son. Appellant slept in the same bed as L.C. and on numerous occasions put his hand on her vagina and touched her vagina and buttocks with his penis. Appellant had also put his penis in her anus several times when she was five or six years old. In January 2013, L.C. told Maria about the abuse. L.C. told Maria she did not come to her earlier or scream out during the incidents because she was afraid. Maria confronted Gaspar about the allegations but waited three months to go to the police because she was confused and conflicted about the situation.

Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694]

(Miranda).

2 On April 16, 2013, L.C. was interviewed by Oxnard Police Detective Erica Escalante. A recording of the interview was played at trial. L.C. told the detective that on numerous occasions…