People v. O'Donnell CA3

BACKGROUND

An information charged O’Donnell with oral copulation or sexual penetration of a child 10 years old or younger (§ 288.7, subd. (b); count 1), three counts of lewd act on a child under the age of 14 (§ 288, subd. (a); counts 2-4), and continuous sexual abuse of a child under the age of 14 (§ 288.5, subd. (a); count 5). Jane Doe was the alleged victim in each count. Prior to trial, the trial court granted the prosecutor’s motion to dismiss count 5. The Trial Jane Doe was 14 years old when she testified. O’Donnell was her stepgrandfather. Doe used to spend time at O’Donnell’s house. She testified that O’Donnell would touch and rub her vagina with his hands when she would sit on his lap. He would touch her both over and under her clothes. This occurred more than once. O’Donnell told Doe, “[T]his is what grandpas do and that it felt good for [her] and for him.” If Doe tried to wiggle away, O’Donnell would pull her back onto his lap. Doe believed she was four years old the first time the touching happened, and it continued until she was seven. Although she initially had been too scared to tell anyone about what O’Donnell had done to her, when she was 12, Doe realized what…