People v. Bathum
| Decision Date | 17 November 2022 |
| Docket Number | B306784 |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER J. BATHUM, Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. BA451669 Charlaine F. Olmedo, Judge. Affirmed.
Richard D. Miggins for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Marc A. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant and appellant Christopher Bathum owned a drug rehabilitation therapy network and held himself out as a therapist or counselor. A jury convicted him of multiple crimes against a number of the network's female clients, including rape sexual penetration with a foreign object, forcible oral copulation, sexual exploitation, furnishing methamphetamine and furnishing heroin. He was sentenced to a total of 52 years and 8 months in state prison.
Bathum contends his convictions should be reversed for many reasons. Among other things, he argues his convictions are not supported by substantial evidence; the trial court erred by denying his post-trial motions for relief based on an alleged Brady violation; defense counsel was ineffective in several respects; certain evidence should have been excluded at trial; and the trial court made several errors when instructing the jury.[1]
As discussed below, we conclude Bathum's contentions are all meritless. Accordingly, we affirm the judgment.
In June 2017, the Los Angeles District Attorney filed an amended information charging Bathum with 50 crimes, as summarized in the chart below.
CRIME
STATUTE
VICTIM
1, 6
Rape
Pen. Code[2],§261, subd. (a)(2)
Hayley G.
10
Rape by use of drugs
§ 261, subd. (a)(3)
Stephanie J.
2, 5, 17, 20
Sexual penetration by foreign object
Hayley G. (Counts 2, 5)
Amanda J. (Count 17)
Dana R. (Count 20)
3, 4
Forcible oral copulation
Hayley G. (Counts 3,4)
7-9, 11-14, 16, 18-19, 22, 23, 27, 29, 32-42, 49, 50
Sexual exploitation
Bus. & Prof. Code,§ 729, subd. (a)
Hayley G. (Counts 7-9)
Stephanie J. (Counts 11-14, 16)
Amanda J. (Counts 18-19)
Alexxis A. (Count 22)
Brittni J. (Counts 23, 49)
Amanda S.
(Count 27)
Brittney D. (Count 29)
Jennifer I. (Counts 32-42)
Ruah D. (Count 50)
15, 21, 26, 28, 31, 43-46, 48
Furnishing methamphetamine
Health & Saf. Code,§11379, subd. (a)
Not specified in information
24, 25, 30, 47
Furnishing heroin
Health & Saf. Code,§11352, subd. (a)
Not specified in information
The trial court dismissed counts 7 and 8 as barred by the statute of limitations before trial. Counts 41 and 42 were dismissed at the close of evidence as being outside the time alleged.
The jury deadlocked on counts 10, 17, and 20. It found Bathum not guilty on counts 13, 14, 23, 29, 35 through 40, 44, and 50. It convicted him on all the other counts. On counts 9, 11, 12, 16, 18, 19, 22, 27, 32 through 34, and 49, the jury found true the allegation he committed the offense of sexual exploitation against more than one victim.[3] Bathum's sentence of 52 years and 8 months in state prison was calculated as follows: on counts 1 through 6, a high term of 8 years on each count, to be served consecutively; on count 11 (selected as the base count), a term of 16 months, to be served consecutively; on counts 18, 22, 27, 32, and 49, a term of 8 months (one-third the mid-term) on each count, to be served consecutively; on counts 9, 12, 16, 19, 33, and 34, a high term of 3 years on each count, to be served concurrently; on counts 15, 21, 26, 28, 31, 43, 45, 46, and 48, a high term of 4 years on each count, to be served concurrently; and on counts 24, 25, 30, and 47, a high term of 5 years on each count, to be served concurrently.
Bathum timely appealed.
Bathum owned the multi-facility drug rehabilitation networks known as Community Recovery of Los Angeles (CRLA) and Community Recovery of Colorado (CRCO). Although not a licensed physician or psychotherapist, he led meetings with staff on client treatment teams and facilitated a weekly trauma therapy group, which clients were required to attend. He also led family constellation groups, where clients role-played to address issues in their familial relationships. In both groups, clients shared intimate details about their lives such as their experiences with family, abuse, loss, and neglect. No other counselors or therapists assisted him in these sessions.
Bathum told clients he was a licensed or certified hypnotherapist and led hypnotherapy groups. In addition, Bathum facilitated weekly, spirituality-based sessions in a sweat lodge, which was a tent covered in blankets. During those sessions, Bathum led chants and prayers with a group of nine to ten clients. The tent was dark inside, and water was poured over hot coals placed in a hole in the center of the tent to create a hot, steamy environment.
Bathum's convictions arose out of his interactions with 13 different clients between 2012 and 2016. Relevant portions of their testimony at trial are summarized below.
Hayley G. checked into CRLA in September 2012 when she was addicted to Xanax. She met Bathum on her second day of treatment.
Sometime before February 2014, while still a CRLA client, Hayley became Bathum's personal assistant. Her duties included helping with paperwork, driving him to different CRLA facilities, and assisting him with renovation projects.
Hayley was involved in three incidents relevant to this appeal. The first occurred in February 2014, at a CRLA facility called Adams House. After running a group session and a staff meeting, Bathum told her that he wanted to show her the house next door because he intended to purchase it. He planned to have an office and open more therapy rooms there. About an hour before taking her into the house, Bathum gave Hayley Xanax, which she consumed.
Hayley and Bathum were alone in the house. After giving her a tour, Bathum led Hayley into a room. He sat down on the ground in the middle of the room and told her to sit with him. She complied, and Bathum began rubbing her shoulders. He took off his shirt and, upon his request, Hayley massaged his back, shoulders, and neck while he laid on his stomach.
After she massaged Bathum for a while, Hayley recalled her shirt came off, and Bathum took her bra off. He laid her down onto her stomach, massaged her back, and touched her breasts.
Subsequently, Hayley testified Bathum grabbed her and flipped her over onto her back. He then forced her to perform oral sex on him, digitally penetrated her, and had sexual intercourse with her. The details of her testimony relating to his use of force in accomplishing these sexual acts are discussed in section I.B below.
The second incident occurred either soon before or soon after the incident above, while Hayley and Bathum were driving through traffic on the freeway. While Hayley was driving, Bathum crawled from the front passenger seat into the backseat behind Hayley and began massaging her shoulders and temples. He then reached into her shirt, touched and stroked her breasts, and massaged and pinched her nipples under her bra. After touching her on her abdomen, Bathum touched Hayley on her vagina over her pants and unbuttoned her pants. He placed his hands into her pants, under her underwear, and stuck his fingers into her vagina.
The third incident occurred in March 2014, when Bathum asked Hayley to meet him at another home he intended to purchase, which later became the CRLA facility known as Summer Hill. She agreed and drove herself to the property. Kirsten Wallace, one of Bathum's assistants, and a real estate agent were also going to meet them there.
Bathum was alone at the property when she arrived, and he showed her around the house. Eventually, Bathum showed Hayley one of the bedrooms, which had a bed inside.
As they entered the room, Bathum undid his belt and removed his clothes from the waist down. He then grabbed Hayley by the arm and pushed her backwards onto the bed. She landed on her back, with her feet and legs dangling off the edge of the bed. After removing Hayley's pants and underwear, Bathum performed oral sex on her, digitally penetrated her, and had sexual intercourse with her. Again, the details of her testimony on his use of force to accomplish these sexual acts are discussed in section I.B below.
When Alexxis checked into CRLA at the end of August of 2014, she was addicted to opioids and heroin. She met Bathum in her first week of treatment while attending a group session in the sweat lodge.
While a CLRA client, Alexxis resided at a facility known as Lechuza. On at least three occasions, Bathum contacted her and asked her to meet him at the Summer Hill facility. He also invited her to his home more than once. In these meetings, they often discussed intimate details about her past.
On one occasion, Alexxis was alone with Bathum in his office at his home. At first, they were sitting next to each other on different chairs and looking at photographs on his computer. Afterwards, Bathum offered to lead Alexxis through a guided meditation.
Bathum asked Alexxis to move from her chair and sit on his chair between his legs. When she did, Bathum began whispering in her ear and massaging her arms. He continued to whisper while moving his hands up her arms, and then to her chest area. Bathum moved his hands from her chest to her breasts and touched and rubbed them under her shirt and bra. Alexxis ended...
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