Jun 4, 2018
Sohum upskirting suspect jury trial confirmed, for now
Trial confirmation for Sohum upskirting David Nunez scheduled for May 29 continued to today. While the jury trial date of June 11 was confirmed, Nunez's attorney Mr. Neal Sanders said he may file a motion to continue.
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:
The defendant used a
Motion picture camera
OR any type of photographic camera
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
Without the consent or knowledge of the other person
With the intent of sexual arousal or invasion of privacy
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.
Deputy District Attorney Whitney Barnes is prosecuting this case. Mr. Neal Sanders is representing Nunez.