People v. McCowan CA6

I. BACKGROUND

A. The Information and First Trial In July 2015, the Santa Clara County District Attorney charged McCowan with (1) 20 counts of sexual penetration by force, violence, duress, menace, or fear of bodily injury of a minor 14 years of age or older (Pen. Code, § 289, subd. (a)(1)(C)1; counts 1 through 20); (2) 12 counts of rape by force, violence, duress, menace, or fear (§§ 261, subd. (a)(2), 264, subd. (c)(2); odd-numbered counts 21 through 43); and (3) 12 counts of oral copulation by force, violence, duress, menace, or fear (former § 288a, since renumbered as § 287, subd. (c)(2); even-numbered counts 22 through 44). After McCowan was held to answer on all charges of the complaint, the information added a count for attempting to dissuade a witness from reporting a crime (§ 136.1, subd. (b)(1); count 45). In the first trial, a jury found McCowan guilty of attempting to dissuade a witness from reporting a crime but deadlocked as to the other counts. B. The Evidence on Retrial The prosecution case centered on the testimony of Julie Doe and text messages between Doe’s mother and McCowan about Doe’s allegations that McCowan regularly sexually assaulted her…