P.

FACTS AND PROCEDURAL HISTORY

Defendant was employed at a construction company yard between approximately

2002 and 2008. The company’s owner had office and storage facilities at the

construction yard. There was also a mobilehome on the property, where defendant lived

with his wife during most of the time he was employed at the yard. Otherwise,

defendant’s duties included keeping a security watch on the yard, keeping it clean, and

helping to load and unload trucks.

The victim was the son of the owner of the construction yard. When he was

years old, in about 2002 or 2003,1 the victim began working for his father’s company

during his summer vacation. The victim was assigned to pick up lumber and to remove

nails from good pieces of wood so they could be reused. The victim spent about 12 hours

a day at the construction yard that summer. He and defendant often interacted at the

yard. One day, defendant and the victim had been cleaning some lumber when they

engaged in some horseplay. As they were playfully wrestling, defendant touched the

1 The victim stated in some of his trial testimony that the molestations began in 2002. He was unsure, however, whether they actually…