Pickett

I. BACKGROUND/PRIOR PROCEEDINGS

On November 28, 2016, Mason was charged in Case No. 16FE022193 (the “DUI case”) with four counts related to driving under the influence of alcohol after he crashed his car, which also carried his six-year-old daughter, A., into a pole following an argument with his girlfriend, who had caught him molesting A. in the living room of their apartment. Mason pleaded no contest to Count 2 (driving with a 0.08 percent or higher blood alcohol level) and admitted the attached prior felony allegation, and the remaining counts in the DUI case were dismissed. After further investigation and while Mason was awaiting sentencing on the DUI case, Mason was also charged in Case No. 16FE023265 (the “sex abuse case”) with two counts of

Brian Kibler is substituted for Jason Pickett as Acting Warden, High Desert State Prison. FED. R. CIV. P. 25(d). committing a lewd and lascivious act upon a child under the age of 14 (Counts 1 and 3), one count of penetrating a child 10 years of age or younger (Count 2), and one count of committing a lewd and lascivious act upon a child under the age of 14 by force or fear (Count 4). He proceeded to a jury trial in December…