P. v. Pechcocom
At the preliminary hearing on July 30, 2009, defendant’s 11-year-old daughter, E.P., testified that she was in the second grade in 2006. Defendant was in her bedroom and touched her “private parts.†Defendant touched her in the chest and below her chest in the vaginal area. E.P. told an older sister, A.P., about the incident.
J.B. is defendant’s niece. She was 17 years old when she testified at the preliminary hearing. When she was about 10 or 11 years old, she visited defendant’s home. Sometimes J.B. would spend the night with her cousins. Defendant would often touch her private parts at night while she was in her cousins’ bedroom. At other times, he would touch her while they were in the living room. Defendant touched her chest and buttocks over her clothes. The touching occurred every time she visited defendant’s house until she was about 13 or 14 years old. J.B. and A.P. are best friends. Eventually, they confided to each other that defendant was touching both of them.
Defendants’ daughter, A.P., was 18 years old at the time of the preliminary hearing. Defendant began touching A.P. inappropriately when she was five years old. At that time, he touched her in the vaginal area over her clothes. This occurred mostly at night while A.P.’s mother was working. Defendant would touch her about three times a week. Defendant continued to touch A.P. until she was 17 years old.
Between the time A.P. was 9 and one-half to 12 years old, the touching started to go under the clothes. Defendant would touch her in the vaginal area every day. As A.P. got older, the touching became worse. Defendant would touch her once or twice a week. Defendant would try to put his finger inside of her vagina. This happened about two or three times. Defendant would try to put his mouth on her vagina but she would move. When A.P. was 14 years old, defendant would get on top of her. Defendant, who would be naked, would hold A.P.’s hands over her head and sit on her feet. He would try to put his penis inside of her. This happened about twice a week. Defendant would put his penis inside her vagina about twice a week when she was in the tenth grade. When A.P. was in the eleventh grade, defendant stopped trying to put his penis in her but he continued to touch her. A.P. first revealed the incidents to the authorities in February 2009. A.P. and J.B. confided in one another about the incidents when they were younger.
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