People v. Herrera CA4/1

INTRODUCTION

Louis Santillan Herrera molested his stepdaughter, Jane Doe,1 over the course of several years, when Jane was approximately 7 to 10 years old. When Jane disclosed the abuse to her mother, her mother left Herrera and moved to France with Jane. Upon learning of the abuse, Jane’s father (who is a French citizen and lived in France) reported the abuse to the French authorities who initiated a prosecution against Herrera in France. Jane’s father also reported the abuse to law enforcement in San Diego County, but the prosecutor here declined to pursue the case since there was already an active case in France. Herrera was found guilty in absentia by “default judgment” in France, but was never arrested or extradited to France. Jane eventually returned to the United States, and she reported the abuse. This time, the prosecutor charged Herrera in San Diego County, and a jury convicted Herrera on 12 counts of sex crimes against a minor. Herrera asserts his state and federal rights to due process and a fair trial were violated by the 12- to 15-year delay between the alleged molestation and his prosecution in the United States. He further asserts the trial court erred by allowing…