P.

FACTS AND PROCEDURAL BACKGROUND

1. The Crime Scene Sergio Munoz worked for a company that handled maintenance at an apartment complex in the 7000 block of Whitsett Avenue. At about 10:00 a.m., on June 26, 2009, he received a phone call concerning ―a rather serious leak in apartment 1,‖ on the first floor. At about 3:00 p.m., Munoz responded to the location, observed the leak and requested a key from the building manager to enter apartment 4, above apartment 1, to identify the source of the leak. The manager did not have a key. Nevertheless, Munoz gained entrance via an unlocked screen door and an open front door. Inside, he saw ―Crista,‖ lying on the floor. He closed the door and notified the authorities.

2 Los Angeles Police Officer Joel Gutierrez responded to the location. He, too, saw Crystal lying on the floor. She was not breathing and had no pulse. No one else was inside the apartment, only a small dog (or dogs). Water was overflowing from the bathtub. Gutierrez turned off the bathtub faucet and secured the crime scene. Los Angeles Police Detective Thomas Townsend responded to the Whitsett apartment complex sometime after 3:30 p.m. En route to apartment 4, he observed what…