People v. Clotfelter
Citation | 279 Cal.Rptr.3d 487,65 Cal.App.5th 30 |
Decision Date | 02 June 2021 |
Docket Number | A155659 , A155683 |
Court | California Court of Appeals |
Parties | The PEOPLe, Plaintiff and Respondent, v. Bruce Lee CLOTFELTER, Defendant and Appellant. |
William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant
Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Assistant Attorney General, Rene A. Chacon, Moona Nandi, Deputy Attorneys General, for Plaintiff and Respondent
INTRODUCTION
Miller, J. Defendant Bruce Lee Clotfelter was convicted of multiple counts of child molestation in the 1980's and sentenced to 10 years in state prison. After he served his sentence and was released from prison, he was later found to be a sexually violent predator (SVP). While Clotfelter was held in a state hospital as an SVP, he volunteered to be surgically castrated, a procedure that took place in 2001. In June 2007, Clotfelter was unconditionally released from the state hospital, and subject to lifetime registration as an SVP.
During a routine sex offender compliance check and search of Clotfelter's residence in October 2016, an officer found evidence that he had formed relationships with three minor boys (two were brothers) and their respective families. Clotfelter was charged with sexual offenses and other crimes.
In September 2018, after a trial on the sexual offenses, a jury convicted Clotfelter of two counts of annoying or molesting a child (Steven) under the age of 18 ( Pen. Code,1 § 647.6, subd. (c)(2) [counts 1 & 2]), two counts of contacting or communicating with a 14 or 15-year-old child (B.H.) with the intent to commit a sexual offense (§§ 288.3, subd. (a), 288, subd. (c)(1) [counts 3 & 4]), and two counts of contacting or communicating with a child under the age of 14 (E.H.) with the intent to commit a sexual offense (§§ 288.3, subd. (a), 288, subd. (a) [counts 5 &6]).
Clotfelter contends there was insufficient evidence to support his conviction on the counts of annoying or molesting Steven, then 15 years old. He also contends that in any event the entire judgment must be reversed for prejudicially ineffective assistance of counsel that deprived him of a fair trial. Clotfelter argues that defense counsel consistently failed to object to inadmissible, irrelevant, and prejudicial evidence. This includes defense counsel's consistent failure to object to inadmissible expert testimony that Clotfelter had the requisite mental states to commit the charged crimes and in fact was guilty; failure to object to the admissibility of expert testimony on child sexual abuse accommodation syndrome that was irrelevant and prejudicial; and failure to object to irrelevant and prejudicial testimony about his prior sexual offenses that went well beyond the parameters of Evidence Code section 1108. We conclude that the evidence was insufficient to support the convictions on counts 1 and 2, and that trial counsel's deficient performance warrants a reversal. Accordingly, we reverse the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
In September 2007, Clotfelter moved to Napa County, where he joined a local church. His brother-in-law, Gary Stewart, was a member of the board of elders at the church. Clotfelter told the board of elders about his past. Knowing Clotfelter had been punished for his prior crimes, Stewart forgave him and welcomed him into the community.
Clotfelter became friends with many people through the church, among them Tom,2 his wife, and their children, including their 15-year-old, Steven. Clotfelter told Tom that he had gone to prison for child molestation. Clotfelter was a regular guest at Tom's home and became like a member of the family.
Steven testified at trial; he was then 25 years old. Clotfelter saw Steven at least once a week at family gatherings and church events. Over time, Clotfelter became like a father figure or older brother to Steven. They regularly communicated by email. During the course of their friendship, which lasted over two years, Clotfelter bought Steven clothing, running shoes, an electronic drawing tablet, and exercise equipment ("ab straps" for working out the "core").
Steven knew at the time that Clotfelter had been to prison but did not know the nature of his offenses. Steven was not troubled by Clotfelter's past because he believed strongly that people could change and should be forgiven. It was normal for Steven to have physical contact with Clotfelter through hugs, and neck and shoulder massages. On at least one occasion, Clotfelter, a former gymnast, went with Steven to a gym and spotted Steven as he tried to perform a back tumble. Steven never felt uncomfortable about being around Clotfelter. Clotfelter never tried to kiss or touch him inappropriately, never discussed sexual matters with him, and never tried to show him anything "creepy" or "weird." Steven loved and trusted Clotfelter, and thought their hugs and handshakes were appropriate. Steven never contacted law enforcement about Clotfelter.
Steven's older sister testified that she felt uncomfortable with Clotfelter's overly familiar manner with her younger siblings. She thought he sat too close to them on the sofa; he put his arm around them, held their hands, and would play a game with them where they poked each other in the ribs. At some point, their mother told her Clotfelter had been in prison for child molestation and that the church was requiring him to tell the community about it. Their mother was upset that Clotfelter was being unfairly targeted because she felt Clotfelter had changed. Steven's sister testified she was "shocked" her parents had welcomed Clotfelter into their home knowing his history.
Church Tells Clotfelter Not to Contact Minors
Parishioner Erik Olson, who was also a Napa County deputy sheriff, became aware of Clotfelter's "290 status" in or about 2008. Olson testified that he felt the church congregation needed to be notified about Clotfelter's past. In the fall of 2009, the church required Clotfelter to advise the congregation that he had been in prison for child molestation. Following this disclosure, the church instructed Clotfelter not to have contact with minors on church premises. Steven testified he and Clotfelter would still talk to each other "in passing" at church and they continued to maintain regular email contact.
Emails
The prosecution introduced many emails between Clotfelter and Steven into evidence, dated from August 30, 2009, to January 25, 2010.
For example, Clotfelter sent Steven an email entitled "A friendly thought" with a picture of a person running near mountains, which read:
Referring to a church men's retreat he and Steven attended, Clotfelter sent another email that read:
On October 3, 2009, Clotfelter sent Steven an email entitled "Friendship," writing: Steven wrote back, Clotfelter responded,
On October 4, 2009, Clotfelter and Steven exchanged emails about singing together in the choir. Clotfelter wrote, Steven replied that he felt Clotfelter replied, "Are [sic ] being told we can't interact for 2 years ... at all ... ever?" Steven responded, Clotfelter wrote back,
Clotfelter gave Steven a piece of exercise equipment they referred to as "ab straps." On October 5, 2009, Clotfelter wrote, ...
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People v. Lapenias
...agree with the trial court that the CSAAS evidence was "sufficiently probative to be admissible." (Compare People v. Clotfelter (2021) 65 Cal.App.5th 30, 64-65, 279 Cal.Rptr.3d 487 [admission of CSAAS testimony was found to be in error where there was no evidence that the "victims delayed r......
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People v. Lapenias
...agree with the trial court that the CSAAS evidence was "sufficiently probative to be admissible." (Compare People v. Clotfelter (2021) 65 Cal.App.5th 30, 64-65, 279 Cal.Rptr.3d 487 [admission of CSAAS testimony was found to be in error where there was no evidence that the "victims delayed r......
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People v. Lapenias
... ... Doe's reactions to her sexual abuse was, in fact, ... consistent with the proffered CSAAS evidence, we agree with ... the trial court that the CSAAS evidence was ... “sufficiently probative to be admissible.” ... (Compare People v. Clotfelter (2021) 65 Cal.App.5th ... 30, 64-65 [admission of CSAAS testimony was found to be in ... error where there was no evidence that the “victims ... delayed reporting or recanted, and [defendant] did not ... question their credibility at trial”].) Thus, we find ... ...
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People v. Lapenias
...agree with the trial court that the CSAAS evidence was “sufficiently probative to be admissible.” (Compare People v. Clotfelter (2021) 65 Cal.App.5th 30, 64-65 [admission of CSAAS testimony was found to be in error where there was no evidence that the “victims delayed reporting or recanted,......
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Table of cases
...10:120 Cleveland, People v. (2001) 25 Cal. 4th 466, 106 Cal. Rptr. 2d 313, §§3:50, 3:60, 22:100, 22:160 Clotfelter, People v. (2021) 65 Cal. App. 5th 30, 279 Cal. Rptr. 3d 487, §§17:60, 17:120 Cloud v. Superior Court (1996) 50 Cal. App. 4th 1552, 58 Cal. Rptr. 2d 365, §10:20 Cobbs v. Grant ......
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Expert witnesses
...so as to defeat the presumptive validity of the test results. Child Sexual Abuse Accommodation Syndrome People v. Clotfelter (2021) 65 Cal. App. 5th 30, 64, 279 Cal. Rptr. 3d 487. An expert may not describe the components of CSAAS so as to allow the jury to apply the syndrome and conclude t......
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Chapter 2 - §11. Expert opinion
...evidence cannot be used to prove that the alleged victim has in fact been sexually abused. See People v. Clotfelter (1st Dist.2021) 65 Cal.App.5th 30, 64 (CSAAS evidence not relevant to D's prior crimes and of limited relevance to charged crimes); Julian, 34 Cal.App.5th at 885. Courts disag......
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...identity, subject to Evid. C. §352, and thus is not limited only to establishing propensity. People v. Clotfelter (1st Dist.2021) 65 Cal.App.5th 30, 66; People v. Britt (3d Dist.2002) 104 Cal.App.4th 500, 505; People v. James (1st Dist.2000) 81 Cal.App.4th 1343, 1353; see People v. Spicer (......