People v. Scott CA3

BACKGROUND

A. The Prosecution’s Case The victim, E., who was 14 years old at the time of trial, is defendant’s granddaughter. When E. was in a lower grade in elementary school—closer to kindergarten than to fifth grade—she was sitting on defendant’s lap in a dark green GMC truck. Defendant tried to put his fingers in her vagina. E. could feel his fingernails. She told him it hurt and to stop. Defendant did not stop. Defendant also pulled out his penis and told E. to touch it. E. refused. E. could see defendant’s penis was “hard.” When E. was in second grade, she told a friend what defendant was doing to her. E. believed her friend told E.’s mother, C.S., because C.S. and E. had a conversation about it.2 C.S. asked if defendant had touched her, and E. pointed to her vagina. During

2 We refer to E. and C.S., as well as other witnesses, by initials, pursuant to California Rules of Court, rule 8.90, with no informality or disrespect intended.

2 her trial testimony, however, C.S. denied having a conversation with E. about defendant sexually abusing her. When E. was still in elementary school but closer to fifth grade, E. spent time with defendant in his Ford truck with a line on…