People v. Chadwick CA3

I. BACKGROUND

Defendant was charged with 14 counts of childhood sexual abuse. These included two counts of sexual intercourse with a child under 11 years of age (Pen. Code, § 288.7, subd. (a)), eight counts of committing a non-forcible lewd act on a child under 14 years of age (id., § 288, subd. (a)), and four counts of oral copulation with a child under 11 years of age (id., § 288.7, subd. (b)). The charging document also, for each count of committing a non-forcible lewd act on a child under 14 years of age, alleged that defendant committed this offense against more than one victim (id., §§ 667.61, subds. (e)(4) & (j)(2), 1203.066, subd. (a)(7)). These charges followed after three children, P.H., M.C., and P.C., accused defendant of sexual abuse. All witnesses at trial, including the three children, testified wearing face masks. Although defendant objected that the use of masks would obscure facial expressions and thus violate his constitutional rights to due process and a fair trial, the trial court

2 overruled the objection. It acknowledged that “facial expressions are certainly important,” but it said that it had “to keep people safe.” It added that the “defense and the…