People v. Giron-Chamul
Annotate this CaseChamul’s daughter, was born in December 2006. Chamul and his wife, K.S. separated in 2010, after Chamul, who was a master sergeant in the Air Force, returned from a deployment. After the separation, daughter stayed with Chamul at his home every other weekend. K.S. believed daughter and Chamul, had “a close relationship,” and she trusted him. They divorced in 2011. After a 2011 visit to Chamul’s home, the daughter reported sexual activity to K.S. and to a daycare worker, who reported to Child Protective Services. After an investigation Chamul was charged with sexual intercourse with a child aged 10 years or younger; sexual penetration of a child aged 10 years or younger; and oral copulation with a child aged 10 years or younger, A jury convicted him of the oral-copulation count and acquitted him of the other counts, He was sentenced to a term of 15 years to life. The court of appeal reversed, finding that Chamul was denied an opportunity to effectively cross-examine daughter because she did not answer hundreds of questions posed by his trial counsel, including approximately 150 that sought substantial information on important issues and her credibility. Chamul was prejudiced by daughter’s refusal to answer these questions.
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