P. v. Jones CA4/3
Appellant was charged with sexually abusing his girlfriend’s teenage daughter, Madison D. Madison’s mother, Cynthia, did not believe the allegations, and she ended up testifying for the defense. During her cross-examination, the prosecutor asked if she believed appellant was capable of molesting Madison, and she said no. Based on that exchange, the trial court allowed the prosecution to introduce evidence of appellant’s prior sexual misconduct under Evidence Code section 1108. Even though the court had previously ruled such evidence was inadmissible under section 352, it determined Cynthia’s testimony about appellant being incapable of molesting Madison “opened the door” to evidence of appellant’s past misdeeds. Therefore, it permitted appellant’s ex-wife to testify she and appellant began having sexual intercourse when she was only 17 years old. Claiming this evidence rendered his trial unfair, appellant challenges it on two fronts.
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