D082435
Cal. Ct. App.Dec 31, 2024Background
- Juan Velarde was convicted of two counts of committing lewd acts upon a child (his then-granddaughter by marriage) between 2014 and 2018.
- The victim, referred to as Jane Doe, alleged Velarde kissed her inappropriately, touched her buttocks, and peeked at her in the shower; disclosure to her family in 2021 led to a police investigation.
- A pretext phone call, arranged by police and initiated by Jane, was used to elicit admissions from Velarde and was admitted as evidence at trial.
- Velarde was originally charged with three counts; the trial court dismissed one for insufficient evidence.
- The jury convicted Velarde on the remaining two counts, and he was sentenced to two concurrent three-year terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of pretext call evidence | Properly obtained, no constitutional violation | Admission violated due process, statements were coerced | No coercion or violation; admission upheld |
| Limitation of cross-examination on family history | Evidence irrelevant/prejudicial | Limiting inquiry impeded right to defense and to confront witnesses | No constitutional violation or abuse; limitation upheld |
Key Cases Cited
- People v. Neal, 31 Cal.4th 63 (Cal. 2003) (discusses voluntariness of confessions and due process protections)
- Colorado v. Connelly, 479 U.S. 157 (U.S. 1986) (police coercion is required for involuntary confession under due process)
- People v. Williams, 49 Cal.4th 405 (Cal. 2010) (standard for forfeiture and voluntariness of statements)
- People v. Maury, 30 Cal.4th 342 (Cal. 2003) (totality of circumstances test for voluntariness)
- People v. Hall, 41 Cal.3d 826 (Cal. 1986) (exclusion of evidence and right to present a defense)
- People v. Fudge, 7 Cal.4th 1075 (Cal. 1994) (reviewing exclusion of defense evidence)
- People v. Quartermain, 16 Cal.4th 600 (Cal. 1997) (trial court's discretion to limit cross-examination)