corpus say what?!

Someone actually won a child molest count on corpus delicti today. Wait what??! The First Dist out of San Mateo in People v Ruiz A153153 said: “Minor turned 11 on January 21, 2016. In September 2016, she told Donnelly her father had first penetrated her private part with his own “[l]ike, three months” before, meaning sometime around June 20, 2016. This date was almost five months after her 11th birthday. Neither Minor’s testimony nor any other evidence independent of Ramirez Ruiz’s confession indicates that Ramirez Ruiz engaged in any sex act with Minor before her 11th birthday. The only evidence that he did so consisted of his own statements to Detective Lopez indicating that he had kissed Minor’s vagina “at the beginning,” just one time, and agreed with Lopez that it had occurred “last year” and stopped “when [Minor] went on Christmas vacation. Although, as we have discussed, corpus delicti evidence can be quite slight, we think it a bridge too far to hold that corpus delicti evidence of sexual abuse identified by the victim as beginning around a particular time supports the inference that a sexual assault of a different kind occurred more than five months earlier. None of the cases cited by the People support such a holding.” Amazing. Denied the corpus claim for other counts… but wow!

what chu got to say?!

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