People v. Diaz CA3

I. BACKGROUND

As of June 2019, defendant and A.’s mother had been together for about 11 years and lived together with her 13-year-old daughter A. A. considered defendant to be her stepfather. A’s grandmother periodically lived with defendant, A.’s mother, and A.

Brady v. Maryland (1963) 373 U.S. 83 (Brady).

2 On the morning of June 28, 2019, defendant entered A.’s room while wearing only a towel. A. was in bed at the time; she hid her face behind a stuffed animal. Defendant got onto the bed, grabbed A.’s hand, and put it on his penis as defendant forced her to masturbate him until he ejaculated. Defendant tried to wipe the semen off of A.’s bed and then left her room. A. immediately texted her grandmother that defendant had molested her. A. texted her grandmother: “ ‘When [defendant] came in I was sleeping, and I didn’t wake up because I was scared, and he grabbed my hand, and used it to jerk himself off. I’m scared right now, and mom is at work.’ ” A.’s grandmother left to pick up A., after which she called the police. A. got some of her belongings and waited outside for her grandmother. Defendant went outside three times, each time asking A. why she was outside. Defendant…