People v. Gonzalez
| Decision Date | 21 September 2022 |
| Docket Number | A158781 |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. RUBEN MORALES GONZALEZ, JR., Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
NOT TO BE PUBLISHED
(Contra Costa County Super. Ct. No. 5-180223-0)
After a jury convicted defendant Ruben Morales Gonzalez, Jr. of multiple counts of felony child abuse involving his three nieces-Jane Doe 1, Jane Doe 2, and Jane Doe 3-the court sentenced him to state prison for a determinate term of 18 years, eight months, and a consecutive indeterminate term of 695 years to life. On appeal, Gonzalez argues that the testimony of his adult daughter (Jane Doe 4) was improperly coerced in violation of his constitutional due process rights. He additionally asserts that the trial court erred in admitting evidence under Evidence Code section 1108 regarding uncharged acts of sexual abuse involving Jane Doe 4. Gonzalez also claims the prosecutor erred in her closing arguments improperly lowering the applicable standard of proof. And he raises ineffective assistance of counsel claims in connection with his evidentiary and prosecutorial misconduct concerns. Finally, Gonzalez maintains that his lengthy sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment and state constitutional law. We affirm.
In February 2018, the Contra Costa County District Attorney filed an information charging Gonzalez with 47 counts of felony child abuse with respect to his three nieces, Jane Doe 1, Jane Doe 2, and Jane Doe 3. Counts 1 through 27 involved Jane Doe 1 and alleged that, between January 9, 2002, and January 8, 2012, Gonzalez committed nine counts of aggravated sexual assault of a child-oral copulation (Pen. Code,[1] §§ 269, subd. (a)(4), 287 [or former 288a], (c)(2), (c)(3), (d), counts 1, 4, 7, 9, 11, 14, 17, 20 and 21); three counts of aggravated sexual assault of a child-sexual penetration (§§ 269, subd. (a)(5), 289, subd. (a), counts 2, 13, and 22); two counts of aggravated sexual assault of a child-rape (§§ 261, subds. (a)(2), (a)(6), 269, subd. (a)(1), counts 3 and 23); and 13 counts of forcible lewd act upon a child (§ 288, subd. (b)(1), counts 5, 6, 8, 10, 12, 15, 16, 18, 19, and 24-27).
Counts 28 through 34 involved Jane Doe 2 and alleged that, between March 21, 2004, and March 20, 2016, Gonzalez committed one count of aggravated sexual assault of a child-oral copulation (§§ 269, subd. (a)(4), 287 [or former 288a], (c)(2), (c)(3), (d), count 31); five counts of forcible lewd act upon a child (§ 288, subd. (b)(1), counts 28-30, 32, and 33); and one count of lewd act upon a child (§ 288, subd. (c)(1), count 34).
Counts 35 through 47 involved Jane Doe 3 and alleged that, between January 2, 2005, and January 1, 2015, Gonzalez committed one count of aggravated sexual assault of a child-oral copulation (§§ 269, subd. (a)(4), 287 [or former 288a], (c)(2), (c)(3), (d), count 43); one count of aggravated sexual assault of a child-sexual penetration (§§ 269, subd. (a)(5), 289, subd. (a), count 44); one count of aggravated sexual assault of a child-rape (§§ 261, subds. (a)(2), (a)(6), 269, subd. (a)(1), count 41); eight counts of forcible lewd act upon a child (§ 288, subd. (b)(1), counts 35, 36, 39, 40, 42, and 45-47); and two counts of oral copulation or sexual penetration with a child ten years of age or younger (§ 288.7, subd. (b), counts 37 and 38). Each of the 26 counts involving forcible lewd acts upon a child (counts 5, 6, 8, 10, 12, 15, 16, 18, 19, 24 through 30, 32, 33, 35, 36, 39, 40, 42, and 45 through 47) was enhanced by allegations under section 667.61, subdivisions (e)(4) and (j)(2) that the child was under the age of 14 and Gonzalez committed the alleged acts against more than one victim.
Jury trial in this matter took place over 11 days in March 2019. The following evidence was adduced by the prosecution at trial. The defense presented no evidence or witnesses.
Jane Doe 1 was born in January 1998. At the time of trial, when not at college, she stayed at her family residence on Hemleb Court with her father; her sister, Jane Doe 2; two aunts, A.M. and Al.M. (her mother's sisters); and several cousins, including Jane Doe 3, whose mother is Al.M. Gonzalez is her uncle, A.M.'s long-term partner. Growing up, Gonzalez was like a second father to her, and she spent a lot of time with him while her father was working. Gonzalez did not originally live with her. She was about four or five when he began to touch her in a sexual way. At that time, she was living in a house on Sunnyview Drive. They call that house the "rat house" because there were always mice. The family moved to a house on East Meadow Drive when she was approximately six years old and lived there until she was nine.
Between the ages of four and nine, Gonzalez touched her on her chest, legs, and inside and outside of her vagina "more than 20 times." During that same timeframe, Gonzalez put his mouth on her vagina more than five times. Gonzalez would take her into another room and tell her to close her eyes or blindfold her with a rag, tee shirt, or blue goggles with a clear strap. He also had her touch his penis at least 20 times. Gonzalez would tell her to swing his penis like a tennis racket, because she played tennis at the time. Jane Doe 1 was confused, scared, and knew it was wrong, but she felt she had to do it, or she would get in trouble.
Gonzalez also had Jane Doe 1 put her mouth on his penis at least five times during this period. She remembered one specific incident where he took her out in his car to go to a car lot. They stopped across from Sunnyview Drive near a Fosters Freeze. Gonzalez told her to get in the back seat and close her eyes. He offered her chocolate but put his penis in her mouth and told her they would not leave, and she would not get her chocolate, until she swallowed. He ejaculated and she swallowed. Between the ages of four and nine, Gonzalez additionally put his penis on her vagina, rubbing it, at least 20 times. When she lived at the house on East Meadow, Gonzalez put his penis in her vagina. She remembered it hurting. Gonzalez would also have her touch his penis or orally stimulate him while he was driving. Sometimes other children were in the car, and she worried they would see and get scared.
All of these types of incidents seemed "normal" to her. It was like a "daily routine" until she turned 17, graduated, and went to college. Gonzalez told her not to tell anybody and trained her how to answer any questions that were asked. She specifically remembered one time when Gonzalez took her and her cousin Neal to his house. Gonzalez first took Neal into the bedroom, stating "he was going to teach him to swing a tennis racket." Then, it was her "turn," and Jane Doe 1 went in the bedroom, where she was either blindfolded or with closed eyes, while touching Gonzalez's penis. He told her to hold it and swing it like a tennis racket. She also put her mouth on his penis and had to swallow before she could go home. In addition, Gonzalez touched her vagina with his mouth and penis. She wanted to leave, bult felt that if she tried to fight back, she would be hurt. She never talked to Neal about the incident because he has special needs, and she didn't want to "stress him out."
On New Year's Eve in 2007 when she was nine, the family was at the East Meadow house. Gonzalez approached Jane Doe 1 and told her that her father needed her in the bedroom. As she was walking towards the bedroom, Gonzalez grabbed her and pulled her into the bathroom. Gonzalez started touching her, had his hand in his pants, and was starting to undress her when Jane Doe 4 knocked on the door. Gonzalez told Jane Doe 1 to get in the shower and not move or say anything. He pretended to use the bathroom and walked out. Jane Doe 4 found her and asked what she was doing. She began to cry and ran into the bedroom, where Gonzalez found her and cautioned her not to "say anything to anybody." However, later that evening she did tell A.M. that Gonzalez had been touching her and doing inappropriate things with her. A.M. stated she would talk to Gonzalez and "fix things," but "nothing really changed." They moved to the Hemleb house when she was almost 10 with A.M. and Gonzalez.
Jane Doe 1 remembered being in the car with Gonzalez and Jane Doe 3 when Jane Doe 3 was in the front seat. She saw Gonzalez touch Jane Doe 3 and she "would kind of see her hands or her arm lean over to his side." She also noticed Gonzalez calling Jane Doe 2 and Jane Doe 3 into another room. When Jane Doe 1 was 10 or 11 years old, Jane Does 2 and 3 told her they had also been molested by Gonzalez but didn't give specific details. Jane Doe 1 again reported what was going on to A.M.
Between the ages of 9 and 13, Gonzalez would continue to touch her take her clothes off, and make her touch him. He put his mouth on her vagina at least five times. She had to put her mouth on his penis at least five times, he touched her vagina with his hand at least 10 times, and her rubbed her vagina with his penis at least 10 times. She remembered one time when she was 11, he tried to put his penis in her vagina. She told him it really hurt, and he stopped. Between the ages of 13 and 17, Gonzalez's sexual behavior occurred less often because Jane Doe 1 would tell her aunt about it. The most recent incident happened when Jane Doe 1 was 17. Jane Doe 1 and Jane Doe 3 had stayed up late to finish the younger girl's science project. Gonzalez, who had been drinking, signaled Jane Doe 3 to go with him, but Jane Doe 1 told her not to go and went in Jane Doe 3's place. Gonzalez started touching her inside of her bra and panties and made her touch his penis with...
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