Sohum upskirting suspect finally deigns to appear in court after two years of excuses

Sohum upskirting suspect David Nunez had a trial setting scheduled this morning in Courtroom 5. He finally showed up today for the first time today with three other women, at least one or to seemed like family. He did not look happy as he left the courtroom and an older woman with him stared at me.

The first amended complaint has  three counts. Count 1 and 3 are PC 647 (j) (2). Count 2 is 647.6 (a) (1). The special allegation for Count 1 and 3 is that Nunez committed the alleged charges out of "sexual compulsion and the purpose of sexual gratification."

From Kraut Law Group: PC 647 (j) (2) "California Penal Code Section 647(j)(2) PC involves using a concealed device to record another person’s body or undergarments. A defendant would be guilty of this offense where the following elements are present:

1. The defendant used a
1. Concealed camcorder
2. Motion picture camera
3. OR any type of photographic camera
2. To secretly videotape, film, photograph or record another identifiable person under or through the other person’s clothing for the purpose of viewing the body or undergarments of that other person
3. Without the consent or knowledge of the other person
4. With the intent of sexual arousal or invasion of privacy
5. AND under circumstances in which the other person had a reasonable expectation of privacy."

From Walin and Klarich: PC 647.6 (a) (1): Under California Penal Code section 647.6 it is illegal to annoy or molest any minor under the age of 18 while motivated by an unnatural or abnormal sexual interest in the minor."

A plea of not guilty to all three counts and denial of special allegations had been entered for Nunez by his previous attorney.

In the original complaint, Nunez  was charged with two misdemeanors.Count 1 is  Unauthorized Invasion of Privacy and Count 2 is Annoy/Molest Child under 18. Count 1 is under the California "peeping tom" laws.

In Count 1, Nunez is alleged to have used a camera without consent to take pictures of Jane Doe #1 born in 1982. In Count 2, the alleged victim is Jane Doe #2, born in 1998.

Despite being told that he personally needed to appear in court on January 24 or have an attorney hired, Nunez was a noshow. A bench warrant was issued; on 1/31, he had retained Mr. Neal Sanders who said he told his client client he could appear on his behalf. And then finally today, Nunez showed up in person for the first time.

Deputy District Attorney Whitney Barnes is prosecuting this case. Mr. Neal Sanders is representing Nunez. Trial setting is on February 22.

Recent posts:
https://johnchiv.blogspot.com/2018/01/the-case-cannot-get-done-if-it-does-not.html?m=1