(Super. Ct. No. CRF 08-4145)
The opinion of the court was delivered by: Butz, J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Victor Anthony Chappale appeals his convictions for various sexual offenses. He contends two of the offenses were time-barred, he was denied his right to present a defense and confront and cross-examine a witness against him, and the application of Penal Code section 667.61, subdivision (e)(5),*fn1 the one strike law, violated ex post facto laws because it required proof of conduct predating the enactment of that statute. We shall affirm the judgment.
When S.K. was about 13 years old, she was the foster child of defendant and his then wife, J.S. J.S. had four children, including D.C. and Jonathan L. S.K. lived with them from 1993 to 1995. During that time, defendant repeatedly molested S.K. He started out watching her shower, commenting on the size of her breasts and telling her she was sexy. Then there were times she would wake up, her pajama bottoms would be removed and defendant's hand or fist would be penetrating her. She remembered two specific occasions when this occurred; once when she was sleeping on the floor in D.C.'s bedroom and another when she was sleeping in the boys' room.
On another occasion, defendant held her breasts, pulled down her pants, removed her underwear, put his penis inside her and ejaculated. After that assault, S.K. ran away to live with her stepmother. She had to return to defendant's home because her stepmother could not care for her and she had nowhere else to go. When she returned from her stepmother's home, defendant held her against a dryer, removed her jeans and penetrated her with a broomstick. He warned her not to think about leaving again.
Another time, defendant penetrated her with a Mickey's beer bottle. He wanted to see how wide she opened. He also forced her to orally copulate him. Once, in the garage, defendant held S.K. against the back of the car, pulled her pants down and anally penetrated her. Every time defendant had sex with S.K., he ejaculated.
D.C. saw defendant and S.K. having sex in defendant's bedroom. S.K. had gotten in trouble. Defendant told the other children to go to bed, had S.K. come to his bedroom and they argued. Defendant grabbed S.K.'s neck and hit her. He slammed her against the wall and onto the bed, took off her clothes and raped her.
In approximately 1995, J.S.'s mother, J.A., moved to Texas. Defendant and the family made a summer trip to visit J.A., and S.K. eventually told J.A. (her foster grandmother) about the molestations. J.A. did not say anything while the family was in Texas because she was afraid of what defendant would do to the family. After the family returned to California, J.S. was told about the molestations. J.A. also called child protective services in California.
Upon learning of the molestations, J.S. planned to pack the family's belongings and return to Texas. While S.K. was packing, defendant arrived at the home. J.S. confronted defendant but he denied the molestations. He threatened S.K. and slapped her. Defendant left the house. S.K. ran away and ultimately ended up in Vallejo. Defendant called S.K.'s grandmother's home and made threats to the grandmother. S.K. was approximately 15 years old when she left defendant's house.
Law enforcement investigated the reported sexual abuse and tried to contact S.K. An officer left a voice mail message on S.K.'s grandmother's telephone. S.K. returned the call and left a message stating everything was all right. Law enforcement did not speak with her directly.
D.C. was born in June 1984. Defendant began molesting her in 1995 after S.K. ran away. When D.C. was approximately 12 or 13 years old, defendant rubbed and squeezed her breasts. In 1996 or 1997, D.C. walked into defendant and J.S.'s bedroom. Defendant was lying on the bed and asked D.C. to lie down with him. She laid down with her back to defendant. She felt him move against her and rub his penis on her buttocks. He was erect and he ejaculated.
D.C. recalled five or six additional incidents of molestation. These incidents included defendant kissing her, fondling her and raping her. The last molestation occurred on her 13th birthday. Defendant offered to buy her a toy for her birthday if she would orally copulate him.
Eventually, D.C. told her uncle that defendant had been molesting her and they told J.S. D.C. told J.S. she wanted to live with her grandmother in Texas because she was afraid of defendant. D.C. explained she was afraid of defendant because he used to beat her and the other ...