People v. Belmares CA3

BACKGROUND

Defendant and Jared are brothers. Their mother Margo was a daycare provider for Amarra and Arianna from 2010 to 2015. Margo lived in a two-story house until December 2013. Amarra testified that when she was at defendant’s two-story house, defendant made her orally copulate him more than five times. She described an incident when she was six or seven years old. Defendant threatened to have Amarra’s younger sister perform the acts if Amarra would not comply, and he instructed Amarra not to tell. Amarra told defendant’s mother, but the mother did not believe her. Amarra did not remember interacting with Jared at the house. Arianna testified that on more than five occasions at the two-story house, defendant had her put her hand on his penis and move her hand up and down when defendant was on the couch. Arianna also testified to acts of oral copulation. Defendant told her not to tell or he would make Amarra do it too. Arianna testified that defendant and Jared looked different and that Jared made her put her hand on his penis between 10 and 20 times at the two-story house. The first time it happened, Arianna was in first grade. Jared told Arianna he heard she was doing that…