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Further, section 288.5, subdivision (c) permits only one count of continuous sexual abuse per victim and requires that any additional sex offense be charged in the alternative or be alleged to have been committed outside the time period alleged under section 288.5. was nine years old and in third or fourth grade she became interested in karate. won in successive years when she was in fourth and fifth grade. stopped participating in karate, Anderson coached her in other sports. [¶] ․ It took almost every ounce of strength in me to say so and you underestimate everything. In February of 1998, social services investigated Y. He wrote letters of recommendation to Teen Line for Y. “I had to say something to satisfy her, to get out of there. [Anderson] immediately called her and demanded to know why she had falsely accused him of sexual abuse.
He reasons lewd act based on generic testimony constitutes a continuous course of conduct offense. He took her to practices and games and bought her equipment. Anderson also helped her with speech and writing and he took her to a speech pathologist. I don't care how you interpret this as long as I get answers and ones that make sense.” Anderson replied: “I want to apologize to you from the bottom of my heart for the thoughtless things I did and said. sometimes would swing on the heavy bag and Anderson occasionally would push her. I thought that would satisfy her․”At the end of the recorded conversation, Anderson offered Y. Anderson testified this illustrates how confused he was. She agreed the claim was groundless, but said that she was trying to get his attention.”The Andersons wrote they believed Y.
Thus, violations of lewd act charged with continuous sexual abuse must be based on specific, rather than generic, testimony. I cannot justify or explain why I behaved so badly. drove them to local competitions and had a key to the Andersons' home. Anderson stayed at the library for a few minutes trying to comprehend what had just happened, then went home and talked to his wife for quite a long time. Anderson acknowledged his response as reflected in the recorded conversation “doesn't make sense at all,” but claimed he was referring to what he thought the conversation was about, putting pressure on her. was deeply “disturbed to be making such false accusations.” However, “occasional emails over the winter and spring suggested that she was doing better and, therefore, the call on June 30 for a meeting on July 1 came as no surprise․ [W]e had no idea that [Y.'s] life had spun out-of-control.”Regarding the library confrontation, the letter stated Y.
This claim fails because a violation of section 288, subdivision (a) is not a continuous course of conduct offense even if it is based on generic testimony. Jones (1990) 51 Cal.3d 294, 320–321, disapproved the line of cases that had held generic testimony insufficient to support a violation of section 288, subdivision (a). D., worked for Anderson, the founder and director of Gene Therapy Laboratories (GTL). I totally accept that you no longer want to be friends․ If you will let me, I would like to apologize to you in person. They went to Florida to compete in tournaments in 19. Anderson testified, “Somebody I worked very hard to help turned on me and tricked me into saying damaging statements.”On cross-examination, Anderson testified that when Y. Anderson's statement, “I just did it,” refers to another part of the conversation, not weighing her naked. asked why he had molested her, there was a pause and he said nothing. met Anderson's greeting with a glare and said, “ ‘You ruined my life!
No reversible error appears in the exclusion of this evidence as hearsay and under Evidence Code section 352. trusted Anderson and encouraged Y.'s relationship with him. also believed the relationship with Anderson was positive. Sometime later, Anderson said his hand got caught accidentally but he realized he liked it and he rubbed her. had difficulty remembering each instance of abuse because she had been trying to forget them. by biting her toes, which reminded her that he had advanced to touching her under her clothes. Anderson molested her more frequently during the summers preceding seventh and eighth grades because she spent more time with him. had fun at Anderson's house and enjoyed spending time with him. The abuse occurred at least once a month except when Y. He had a high level black belt, he helped train police officers to fight and he carried a police badge. did not want to report Anderson because he was well-respected and she thought he did not understand the extent to which he had hurt her. believed her mother would be devastated and Y.'s whole life would be “opened up and torn apart.” When Y. As she got older, she “increasingly felt like a slut.” In middle school, Y. Anderson cried and said he did not know why she felt that way. testified the secret of the abuse was caused her to become depressed. In July of 2003, Y., her sister, Anderson and his wife went on a kayaking/hot air ballooning trip. and Anderson planned a second similar trip with Y.'s friend. was pressuring Anderson for a raise and a promotion to deputy director of the lab, which would have put her in line to be the director. was on the verge of going out of control and there were many people in the area. at the library because they had been trying to get help for her. The trial court sentenced Anderson to 14 years in state prison, consisting of the middle term of 12 years for continuous sexual abuse and a consecutive term of two years for one of the counts of lewd act. The trial court committed no reversible error in excluding evidence of Anderson's conduct after the library confrontation.a.
Also unavailing is Anderson's claim application of these rules of evidence infringed upon his constitutional right to testify in his own behalf. In the second half of tenth grade, the spring of 2003, she spoke to Janet Waldron, a school counselor, to get help with her depression. did not want the abuse reported and told Waldron a friend of hers had been abused. admitted she had been abused by her mother's boss, but she minimized it. and her family went to a meeting at the San Marino Police Department. However, Anderson cancelled the second trip because he feared liability if Y.'s friend were injured. was angry because she felt it was hypocritical of Anderson to worry about liability with respect to her friend when he had been doing illegal things to her. took classes to prepare to take calls for Teen Line, a hotline for teenagers. learned child molesters generally are repeat offenders. Anderson did not know what to say so he kept apologizing. The letter to Chief Farris and Anderson's cooperation with authorities.
]․ Your life is still fine but mine is cracking slowly and perhaps I may fix it but because of your actions[,] I face a hypocritical life or at least one in which I lie a lot. On December 21, 2003, Anderson e-mailed Y.: “I am undergoing what is called cognitive behavioral therapy․ It will take a while, but I think that the therapy will help me pull myself back to some level of self-worth.” On December 22, 2003, Anderson emailed: “The bad part has been permanently buried. If the content were admissible, it would be different. 326–327.) Holmes noted the Constitution is not offended by “well-established rules of evidence [that] permit trial judges to exclude evidence if its probative value is outweighed by certain other factors such as unfair prejudice, confusion of the issues, or potential to mislead the jury. Moreover, contrary to Anderson's assertion, the excluded evidence was not critical to his defense and was only marginally relevant. 315.) Scheffer noted the trier of fact “heard all the relevant details of the charged offense from the perspective of the accused․” (Id. 317.)Here, as in Scheffer, Anderson testified in detail to all aspects of the charged offenses and related his thought process at all relevant times.
I understand that you want nothing to do with me so that if by chance we run into each other, I will respect your feeling[s] and not look at you or try to say anything․ My hope ․ is that someday you may forgive me and we can be friends.”In February of 2004, Anderson emailed he was now working on his two “most important goals.” The first was to help Y. obtain grants and a tenured position which “would give her and her family long-term financial stability.” The email continued: “The other issue is you. The content is inadmissible and the actions, therefore, are inadmissible as well, as I weigh and balance and evaluate them under 352 of the Evidence Code.” The trial court indicated it had considered Anderson's requests on federal and state grounds.c. Anderson contends: (1) the letter to Chief Farris was not hearsay as it was not offered for the truth of the matter asserted and the hearsay rule was inapplicable because Anderson testified and was subject to cross-examination; (2) the trial court's ruling under Evidence Code section 352 was inadequate; (3) the trial court applied evidentiary rules in a manner that was arbitrary and disproportionate to the state's legitimate interests, thereby denying him the right to testify in his own words and to present critical defense evidence; (4) Anderson's conduct after the library confrontation was admissible as part of his adoptive admissions in response to Y.'s accusations during the library confrontation; (5) the content of the letter to Chief Farris was admissible under Evidence Code section 1202 to attack Anderson's credibility as a hearsay declarant; and, (6) in addition to the infringement of Anderson's right to testify in his own defense, the exclusion of the proffered evidence requires reversal because the prosecutor took unfair advantage of the trial court's ruling in argument to the jury. Letter to Chief Farris properly excluded as hearsay.“ ‘Hearsay evidence’ is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.” (Evid. (a).) “Except as provided by law, hearsay evidence is inadmissible.” (Evid. (b).)“Hearsay is generally excluded because the out-of-court declarant is not under oath and cannot be cross-examined to test perception, memory, clarity of expression, and veracity, and because the jury (or other trier of fact) is unable to observe the declarant's demeanor. Ed.2d 297].)Anderson asserts the letter to Chief Farris was not offered for the truth but to show that he delivered the letter to the police and invited an investigation of his relationship with Y. Anderson claims reasonable jurors would have assumed he did more than go home and chat with his wife after this meeting, which he testified felt like an extortion attempt. 8) Further, because the evidence Anderson sought to place before the jury was not critical to the defense, there “ ‘was no refusal to allow [defendant] to present a defense, but only a rejection of some evidence concerning the defense.” [Citation.]” ’ (People v. 428.)The conclusion the trial court's ruling did not violate the Rock/Chambers rule finds support in United States v. In Scheffer, the defendant sought to introduce polygraph evidence to support his testimony he did not knowingly use drugs. Anderson's defense was not significantly impaired by the exclusion of evidence of his conduct after the library confrontation, including the letter to Chief Farris.
Anderson coached the victim in competitive karate; she won national karate competitions when she was in the fourth and fifth grades in 19. However, they frequently were alone together and he regularly committed lewd acts upon her. He desperately need[ed] to keep her quiet, desperately need[ed] to keep his dirty secret.”The prosecutor described Anderson's conduct after Y.
Gonzales and Soliz (2011) 52 Cal.4th 254, 294), the evidence demonstrated that Anderson, a medical doctor and the founder and director of a genetic research laboratory, sexually molested the daughter of an employee of the laboratory from the time the child was in the fourth or fifth grade until the ninth grade. began to criticize Anderson's science and said he had received too much credit for GTL. in his e-mails and argued: “He need[ed] to control her.
Hamanaka, Assistant Attorney General, Susan Sullivan Pithey and Blythe J. The prosecutor argued Y.'s testimony was corroborated by Anderson's e-mails, the recorded conversation and Anderson's testimony.
Gillette, Chief Assistant Attorney General, Pamela C.
For me, a powerful 9 mm bullet through the head would be the way to go․ Just in case, I have bought the ammunition.”In response, Y. The trial court ruled: “This is the type of evidence that just leads nowhere except to confusion, speculation, sur[m]ise and supposition. It opens up all sorts of issues which I do not think should be opened up and is, in essence, an end run around the hearsay rule in much the same way that absence of flight is an end run around the flight instruction under ․ People [iv.] Williams [ (1997) 55 Cal.Tags: Adult Dating, affair dating, sex dating