People v. Brooks

GRIFFIN, J.

Defendant was charged in an information in three counts with violating sections 288 and 288a of the Penal Code, consisting of certain acts alleged to have taken place on or about certain dates in August, 1954, upon the

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body of and with one Barbara Jean DeWald, aged 7 years.

Defendant pleaded not guilty to each count and a jury convicted him of the charges. A motion for new trial -was denied. Criminal proceedings were suspended pending sexual psychopathic examination.

As noted by counsel for defendant, the factual situation revealed by the evidence is “highly distasteful and repugnant.” Briefly summarized, the complaining witness testified that sometime “this summer” during school vacation, after July 4, 1954, she went to defendant’s garage, next door to her home, and defendant exposed his private parts to her; that at a later time, without stating all the gory details, she went to his house and defendant induced her to do a “Hula” dance with her pants off, and defendant showed her how to do this dance by pulling his pants down and exposing his private parts; that defendant then touched her private parts; that on another such occasion thereafter he rubbed her private parts; and on another occasion he committed an act denounced by section 288a of the Penal Code ; that this latter act occurred on five or six different occasions thereafter; that on one occasion, he induced her and her brother, Wayne, aged 10 years, to take a bath in the tub, nude, with him, and committed other indecent acts with, and in the presence of, other children in his home. The testimony as to many of these acts was corroborated by the testimony of one Wayne, one Jill Young, 8 years of age, and one Kenneth Jerome. Defendant told Wayne not to tell his parents of these occurrences.

On September 10, 1954, defendant was asked by an officer if he knew why he was called to the police station and défendant stated he thought it was in relation to the children next door. He was asked if he ever touched and kissed Barbara on her private parts and he admitted he had on two or three occasions. He denied he had her in the bathroom and stated he had warned the children about the happenings in his home and that he did not want his name made public in connection therewith.