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Filed6/19/12 P. v. Alexander
CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California
Rules of Court, rule 8.1115{a), prohiblta
or ordered
publication courtsand parties
frorn citing
or relying
except
published, as specified on opinionsnot certified
for
or orderedpublishedfor purposes
of rule 8.1115. by ruto 8.1116(b).
This opinion
has not been certified
for publication
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
B220072
Plaintiff and
Respondent, (Los Angeles
County
Super. Ct. No.
v. BA327190)
ANAND JON ALEXANDER,
Defendant and Appellant
APPEAL from a judgment of the Superior Court of Los Angeles County.
David S. Judge.
Wesley, Affirmed.
mgelyn Gates for Defendant and Appellant
Kamala D. Harris, Attorney General, Dane R. Chief
Gillette, Assistant Attorney
General, Lance E. Winters, Assistant
Attorney General, James William Bilderback 11 and
Marc A. Kohm, Deputy Attorneys for
General, Plaintiff and Respondent.
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A jury convicted appellant Anand Jon Alexander of seven counts of committing a
(c)(1)),l
lewd act on a child (counts 3-5, 30-32, 57) (Pen. Code, § 288, subd. contributing
to the delinquency of a minor (count 6) (§ 272, subd. (a)(1)), sexual battery by restraint
(count 7) (§ 243.4, subd. (a)), attempted forcible oral copulation (count 8) (§§ 288a, subd.
(c)(2), 664), forcible rape (count 9) (§ 261, subd. (a)(2)), two counts of sexual penetration
by a foreign object (counts 10, 33) (§ 289, subd. (a)(1)), using a minor for sex acts (count
11) (§ 311.4, subd. (c)),possession of child pornography (count 12) (§ 311.11, subd. (a)),
and misdemeanor sexual battery (count 56) (§ 243.4, subd. (e)(1)). The jury found with
respect to counts 9, 10, and 33 that appellant committed crimes against multiple victims
within the meaning of section 667.61, subdivision (b).
The trial court sentenced appellant to 14 years plus 45 years to lifein prison. The
sentence consisted of the following: in counts 9, 10, and 33, three consecutive terms of
15 years to life;in counts 7-8, four years each; in counts 3-5, 11-12, 30-32, and 57, eight
months each; in the misdemeanor counts 6 and 56, terms equal to time served.
Appellant appeals on the grounds that: (1) the trialcourt erred in failing to recuse
the district attorney's office; (2) the trial court erred in failing to grant immunity to Juror
No. 12; (3) the trial court erred in failing to grant appellant a new trialdue to juror
misconduct and/or prosecutorial misconduct; (4) the prosecution committed misconduct
by effectively destroying evidence; (5) the trial court erred in not allowing further
investigation in relation to appellant's new trialmotion; (6) the trial court erred in
admitting the testimony of the Evidence Code section 1108 witnesses; (7) the trial court
erred in admitting computer evidence under Evidence Code sections 1101 and 1108;
(8) the evidence was insufficient to convict appellant of the charges absent the evidence
admitted under Evidence Code section 1108; and (9) in sentencing appellant, the trial
court failed to specify that counts 33 and 10 were to be served consecutively.
1 All further references to statutes are to the Penal Code unless stated otherwise.
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FACTS
Appellant was a fashion designer who lived in an apartment on North Palm Drive
in Beverly Hills during most of the time periods relevant to the charges in this case. As
described f·fra, appellant engaged in sex acts with young women and girls who met
appellant in connection with their aspirations of entering the fashion industry. In addition
tohis convictions for the sex acts described by the victims, appellant was convicted in
count 12 of possession or control of child pornography in connection with video he
recorded of underage victims.
L Preseention Evidence Regarding Named Victims
A. Jessie R, Counts 7-9: Sexual Battery by Restraint, Attempted Forcible Oral
Copulation, Forelble Rape
In November Jessie B. was 18. She lived in Washington state and had -
2006,
posted modeling photos online. Appellant contacted her and invited her to Los Angeles
for a photo shoot. Appellant paid her airfare and told her he had arranged for a hotel
room and a driver to meet her at the airport. When Jessie arrived at the Los Angeles
airport on March 4, 2007, she called appellant, who instructed her to take a taxi to the
Four Seasons Hotel in Beverly Hills. Upon arriving at the hotel, she called appellant
again. He told her to come to his apartment building on North Palm Drive. Appellant
brought her into his apartment and offered her a drink, which she declined. He suggested
- that she change into p iamas. Although she found this strangeg Jessie went to the
bathroom and changed into pajama pants and a T-shirt Appellant led her to his bedroom,
which contained a deflated air mattress rather than a bed. Appellant kissed Jessie, and
she pushed him away and told him to stop. Appellant pulled off her pants and kissed her
breasts. Then he sat on her chest and demanded she suck on his penis. When she
refused, he removed her tampon and inserted his penis into her vagina. Jessie asked him
to stop, but he ignored her. He ejaculated inside her. Appellant then went to sleep.
Jessie dressed herself and also went to sleep.
When Jessie awoke the next moming, Holly G. and Lori, appellant's assistants,
were in the apartment also. Jessie modeled clothing for appellant Jessie later went to get
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food with Holly and Lori. Jessie called her friend, Meredith, who promised Jessie that
she would callher sister,who lived in Los Angeles. Jessie also spoke to her parents, but
she did not mention that appellant had raped her. Jessie then called for a taxi to pick her
up atthe apartntent building. While Jessie was getting her luggage together at the
apartment, appellant repeatedly told her that she could not leave because he had spent
money on her ticket. Jessie leftand called Meredith, who told her to go to Sony Studios
in Culver City, where Meredith's sister, Chris, worked. Jessie arrived at the studios and
spoke with Chris and Chris's coworker, Kim Skeeters. Jessie told Skeeters that appellant
had raped her. Jessie also told her that appellant said he came from a prominent family
and would harm her ifshe reported him. Skeeters took Jessie to the police. The police
took Jessie to the hospital to be examined, Appellant's semen was found in Jessie's
vagina.
B. Kane S., Counts 30-32: Lewd Act Upon a Child
In 2002, Katie S. was a 14-year-old model living in Texas. In August of that year,
her manager introduced her and some fellow models to appellant. The models were
videotaped wearing clothing provided by appellant. The videos were supposed to air on
MTV. In November 2002, when appellant invited Katie to attend a party in his honor,
Katie and her mother flew to Los Angeles. Appellant, his mother (Shashi Abraham), and
.hissister (Sanjana Alexander) picked Katie and her mother up atthe airport and drove
them to a hotel in Beverly Hills. Katie and her mother went to a nightclub in Los
. Angeles with appellant that evening. After Katie's mother left and retumed to the hotel,
appellant began to rub Katie's leg. He invited her back to his hotel, but Katie declined.
Appellant took Katie back to her hotel and said to Katie's mother something to the effect
that age did not matter in a relationship. Katie and her mother attended another event
with appellant the next day. Katie was photographed. On the third day in Los Angeles,
Katie and her mother went to appellant's hotel. Katie tried on dresses while Katie's
mother sat on a bench in the hallway. When Katie asked to change in the bathroom,
appellant became angry and told her that ifshe wanted to model, she would have to
become comfortable changing in front of other people. As Katie was attempting to pull
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on a dress that was too small, appellant touched her breasts and vagina. Katie went to the
bathroom and changed back into her own clothing. Katie then went with her mother and
appellant to a boutique where Katie modeled a dress and was photographed. She and her
mother then returned to Texas.
Katie received e-mails from appellant in which he expressed a romantic interest in
her, He said that their age difference was irrelevant. In December 2002, appellant asked
Katie to meet him at her manager's office in Texas. Katie went, and appellant gave her a
glass of wine. After drinking it,Katie lost control over her body. Appellant inserted his
penis into her mouth and vagina. Katie lost consciousness. When she awoke, she went
home. Appellant called her at least once after that incident. She did not report the crimes
to her mother until.March 2003. She reported the crimes to the police in 2006, when
appellant's arrest became publicized. Katie acknowledged that she discussed the case
with other people on various occasions. She had discussed the possibility of going on
television. During one conversation with the police, Katie said that she had used GHB
recreationally when she was 16.
C. Autumn A., Counts M: Lewd Act Upon a Child and Contributing to the
Delinquency of a Minor
On February 23, 2007, 15-year-old Autumn A. was a model living in Riverside.
. . She met appellant at an event hosted by her modeling agency. Appellant asked her to
appear in one of his modeling shoots. Autumn accepted the offer, and her mother and
stepfather later took her to appellant's apartment on North Palm Drive. Appellant asked
Autumn's mother to sign an authorization form, and he told her to say that Autumn was
18 on the form. Autumn and her parents went with appellant and his assistants to the
beach, and Autumn posed for appellant there. Autumn wore a transparent shirt in some
of the photographs. Appellant told Autumn that her breasts would be edited out of the
pictures before they were published. Appellant's assistant, Holly G., testified that
Autumn told her that she was 15.
Appellant told Autumn he could make her a famous model. He said that Autumn
could only be successful ifshe moved to Los Angeles, and he said she could stay in his
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apartment. He explained to Autumn and her mother that his assistants, Holly and Lori,
would also be in the apartment. Autumn agreed to try the arrangement on the weekends.
A few days later,Autumn's parents took her to appellant's apartment. Appellant
gave Autumn a dress and heels to wear, and he took her to an event attended by several
celebrities, Autumn mentioned to someone there that she was stillin high school. When
they leftthe event, appellant told Autumn not to mention that she was in high school.
Appellant and Autumn went to a party where he gave her an alcoholic drink. Autumn
tasted itand poured itout when appellant was not looking. Appellant and Autumn then
left for another event attended by various celebrities.
When appellant and Autumn returned to his apartment, appellant told his assistant
Lori to go to sleep. Appellant gave Autumn an alcoholic drink and told her to drink it
.. .
quickly. When appellant was not looking, Autumn poured itdown the sink. Autumn
changed into her pajamas, but appellant informed Autumn that they were going to Paris
Hilton's birthday party. Autumn changed back into the black dress. At that point,
appellant brought her into his bedroom. He reminded her to tellpeople she was 18 and
began filming her with a video camera. He asked Aútumn her age, and she said she was
18. He asked her to take off her elothing and show her body. After she did so, appellant
show."
asked her to "do a This made Autumn feel uncomfortable. She put her clothes
back on and covered herself with a blanket Appellant told her she would have to
sacrifice to become a model and proceeded to touch her chest and insert his finger in her
vagina. He took her hand and placed itagainst his groin. Autumn pushed appellant away
and left the room.
Autumn texted her friend and went to sleep on a couch. She was awakened when
appellant tried to liedown beside her. She pretended to be asleep and pressed her body
against the couch to prevent appellant from lying down. Appellant left,
Autumn went with appellant and his assistants to a market the next day. Appellant
told her itwas a good place to be seen. He gave her a shirt to wear, and she removed her
bra at appellant's suggestion. Autumn spent the day with appellant until her parents
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came to take her home. Appellant encouraged her parents to let Autumn stay in Los
Angeles more often.
Autumn decided not to tell her parents about appellant's conduct. When appellant
telephoned the following day, Autumn told her mother that she was not interested in
doing another fashion shoot with him. Autumn did allow her mother to e-mail appellant
some additional photographs of Autumn, as appellant had requested.
Not long after these events, Holly called Autumn and infonned her of appellant's
arrest. Holly gave her a number to call ifanything had happened to her. Autumn then
told her mother what appellant had done to her. Autumn spoke to the police on the
following day.
D. Nicole G., Count 33: Sexual Penetration by a Foreign Object
In October 2004, Nicole G., a 21-year-old model, was contacted by someone who
identified herself as Rebecca Dean. Dean wanted to know ifNicole would be interested
in modeling for appellant. Nicole eventually spoke with appellant himself, and he invited
her to participate in Fashion Week. Appellant told her she would be staying at the studio
with the other girls. Because he was so vague, Nicole reserved a hotel room.
On October 28, 2004, Nicole arrived at her hotel. She was told to go to
"studio,"
appellant's which turned out to be appellant's apartment. Nicole brought her
friend Allan H. as a security precaution. As soon as they arrived at the apartment,
appellant told Allan to go out and purchase boots for Nicole, which Allan did, There
were numerous models at the apartment. Their ages ranged from 15 to 17. Appellant
gave the models clothing to change into, and then they took part in a fashion show in
Beverly Hills. Afterwards, Nicole and some of the other models went to dinner and a
club with appellant. Nicole and Allan returned to their hotel for the night.
On the following day, Nicole attended a charity dinner with appellant and Sanjana.
After the dinner, Nicole went to appellant's apartment with appellant and Sanjana.
.
Appellant invited Nicole into his bedroom. Nicole did not find this unusual, since the
bedroom had been used for meetings the prior day. Appellant told her that she could
become famous like Paris Hilton, and he encouraged her to live in his apartment.
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Appellant then exposed his penis. He pushed Nicole down, and inserted his finger into
her vagina. Nicole told him to stop, and he eventually did. Nicole leftthe room.
Appellant told her not to contact him again
Nicole returned to her hotel and told Allan that she did not want to see appellant
the next day as had been planned. Instead, she and Allan flew home. Nicole reported the
crimes to the police after the ease was publicized. Allan was called as a witness for the
defense. He testified that Nicole was crying when she returned to the hotel. She told him
about appellant's behavior on the following day.
E. Eve M., Count 57: Lewd Act Upon a Child
M.,2 was and Santa She
In December 2000, Eve 15 living in Barbara. modeled
during Fashion Week in New York City. There, she met appellant, and they became
friends."
"more than They engaged in some kissing. Eve returned to Santa Barbara and
kept in regular contact with appellant. He encouraged her to move to New York to
further her modeling career. In August 2001, appellant asked Eve to meet him. Because
her mother would not approve, Eve, who was still 15, met with appellant in Santa
Barbara after making up an excuse to her.mother. Appellant drove to a secluded spot.
They kissed, and appellant touched her breasts. He told her to suck on his penis, which
Eve did. While she was doing this,appellant pushed on her head, which-caused her pain.
Appellant drove Eve back to the movie theater where he had picked her up. They
were kissing again when a police officer and Eve's mother interrupted them. Appellant
was arrested. The police interviewed Eve, who lied and said that she and appellant had
only kissed. She did not want appellant to be punished.
Eve kept in contact with appellant. At trial,she stilldid not think that appellant
had done anything to her that deserved punishment, At some point, at appellant's
direction, she wrote him a letterin which she denied that anything other than kissing
occurred between them. Eventually, Eve told her mother and the police about the oral
sex.
C."
2 The indictment identified Eve as "Eve
incorrectly
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F. B.0., Counts $1-$5: Sexual Penetration by a Foreign Object, Oral
Copulation of a Person Under 18, Unlawful Sexual Intercourse, Contributing to the
Minors
Delinquency of a
B.O. met appellant in February 2007 when she was 17 years old. Appellant found
B.O. on a website and contacted her. Appellant told B.O. he was a fashion designer in
Beverly Hills and was looking for somebody new. B.O. told appellant she was 17. On
February 1, 2007, after talking with appellant for six days, she drove to Beverly Hills
from San Luis Obispo County with her friend, Janice Z. Appellant had offered to pay for
B.O. 's train ride and suggested they could have a romantic weekend. The two girls
missed their train, and appellant talked Janice into driving. The girlsplanned to stay at.
appellant's apartment.
When they arrived, appellant's assistant gave B.O. a book with his press clippings.
That night they went to a restaurant called Toi's. After dinner they returned to the
apartment, and appellant made B.O. a drink. B.O. thought the drink tasted like straight
it."
vodka. B.O. began to feel "really out of Appellant placed a blanket over the two of
them as they sat on the sofa and watched a movie. After B.O. finished the drink,
appellant removed her tights and "somehow [her] head was like pushed under the
down."
blankets and his pants were Appellant's penis was in her mouth. Appellant
"Sure."
asked B.O. ifshe wanted to go to hisroom and she thought she said, B.O. had
not intended to have sex with appellant on that trip. After he led her into the bedroom,
she lostconsciousness. She remembered srnelling something "really bad, absolutely
disgusting"
the firsttime she regained consciousness. She opened her eyes and saw that
"butt"
appellant's was in her face and his penis was in her mouth. She blacked out again.
She heard appellant tellher she had a tight pussy. She felt him "grinding up on top of
[her]."
The next morning, she and Janice told appellant they had to go. B.O. admitted
pictures"
that she sent appellant "provocative because appellant wanted them. She did
3 The acquitted appellant in counts 51 through and itdeadlocked in count
jury 54,
55. B.O. 's testimony is included because itis referred to during other portions of the
facts and procedural history.
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not recall telephoning appellant seven times after leaving his apartment. She did not
remember texting appellant many times on that day.
B.O. 's friend Janice testified that she saw appellant's hand was moving B.O. 's
head up and down when they sat on the sofa. Later, Janice went to sleep on a couch and
was awakened by appellant being on top of her. He put his fingers in her vagina and got
on top of her. He pulled down his pants and was going to have sex with her, but she told
"No."
him, Janice stated that appellant told B.O. and her that he wanted to do a photo
shoot of them, but they refused. They both leftthe apartment the next day and drove
home. Janice gave a statement to an investigator named Laurie Devine in 2008. Janice
talked to a hotline in June 2007.
B.O. discussed the case with Holly on various occasions prior to trial. B.O. also
tried to contact victims and people talking about the case. B.O. posted comments to
websites, asking people to contact her about the case. B.O. was contacted by an
Kismet."
individual who identified himselfas "Qusling He said he was interested in
appellant because appellant had assaulted a friend of his. Kismet claimed that he had
managed to hack into appellant's computer. He gave B.O. a document listing the victims
and their e-mails in this case. B.O. testified that she forwarded this information to the
police.
G. Stacey F., Count 56: Misdemeanor Sexual Battery
Stacey F. was 17.in December 2006. She was a model and put pictures of herself
on a modeling website. She responded to a mass posting on the same site that advertised
jobs for lingerie models. The ad said the models would work with appellant. She spoke
with a Lisa Martinovic, who wanted Stacey to have a conversation with appellant before
an interview was set up. After Stacey spoke with appellant, Lisa told Stacey the details
of the interview and advised her to wear a skirt or dress rather than jeans or shorts, and to
look sexy. Stacey was led to believe the meeting place would have a receptionist and a
hallway waiting area. She wanted to know this because she planned to bring someone
with her for safety.
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Stacey went to the address given her, which was appellant's North Palm Drive
apartment, with Adam Bracamonte. She wore a dress that reached to her mid-thigh, and
she wore underwear. She was let in the building by another resident, and she went to the
rooftop as instructed. Bracamonte waited in the car. Appellant inet her there and, since it
mess."
was cold and dark, they went downstairs to the apartment, which was "a complete
Stacey was uncomfortable because itwas an unprofessional setting. However, it"was a
opportunity," work."
good and she did not "really know how itwas supposed to
Appellant asked her to sitand offered her a drink three or four times, which she refused.
He kept asking her if she wanted to take a shower to relax or to dance around, but she
refused at least 15 times.
. .
Appellant mentioned that he needed a date for the Oscars. Stacey told him she
was 17 and itwould probably not be appropriate. Appellant wanted to take pictures of
her with a camera, and appellant asked her to take off her dress. She did this,and
appellant told her to loosen up. Afterwards, she sat on the sofa again and flipped through
appellant's press clippings that he wanted her to look over.
Appellant began to make phone calls, and because Stacey's dress was on trie
other
side of the room, she feltuncomfortable about getting up and going to put itback on. She
thought itwas rude. Appellant came over and tried to sit next to her on the couch. At
that point, Stacey got up to go and get her dress. While she was sitting up, appellant
grabbed her waist and pulled her back down on the couch. He put his hand on her thigh.
Half of her was on his lap and other half was on the couch. Appellant tried to kiss her on
the mouth. She moved her head and the kiss landed half on her mouth and half on her
cheek. Stacey got up to get her stuff and leave. She told appellant she had someone
waiting for her in the car. As soon as appellant found this out, he became anxious. He
got her stuff and handed her the dress. He then escorted her downstairs. Appellant told
her to come back when she had lost about 10 pounds. Bracamonte later informed Stacey
about appellant's arrest. Stacey eventually contacted the Beverly Hills police.
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H. Amanda C, Counts 10-lb Sexual Penetration by a Foreign Object, Using a
Minor for Sex Acts
In February 2007, Amanda C. was 17 years old and living in Pennsylvania. She
was registered on a website for models as being in the age bracket of 15 to 22. She
received various e-mails and phone calls encouraging her to fly to Los Angeles to model
jeans for appellant. She was told that she would be staying in a hotel with two of
appellant's female assistants. She was to be reimbursed for the airfare.
Amanda arrived in Los Angeles on the morning of March 6, 2007. Appellant told
. .
her to take a shuttle to the Four Seasons Hotel. Amanda called appellant from the hotel,
and appellant met her in the lobby. He took her luggage and directed her to follow him.
He led her to his apartment a few blocks away on North Palm Drive. Amanda was
unable to talk to appellant during the walk because he was on the phone. She had
believed she would be staying at the hotel.
Appellant and Amanda entered appellant's apartment, and Holly and Lori were
there. Appellant immediately took Amanda to his bedroom. He told her she could be
girl"'
"the next 'it like Paris Hilton. He also said that, ifshe did not follow his
instructions, she would have to find someplace else to stay that night. Amanda told
appellant that she was 17 years old, and appellant replied that she should tell people she
was 18 years old. Appellant began filming Amanda with a video camera and asked her
how old she was. Because of appellant's instruction, Amanda said she tvas 18.
Appellant told her to take off her clothing. When she hesitated, appellant told her that
models had to be comfortable doing that. Amanda removed her dress, and then coinplied
when appellant told her to fully disrobe. Appellant approached Amanda and commented
that she was visibly shaking. He then inserted his finger into her vagina and touched her
buttocks. The touching is visible on the videotape, at which point the video ends.
Amanda pulled away from appellant and ran to the bathroom. Amanda dressed and left
the bathroom to find appellant and his assistants using their computers. Appellant asked
Amanda to walk to a nearby market and buy some cookies for him. While she was out,
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Amanda called and texted her mother and boyfriend, but did not tell them what had
occurred.
That evening, Amanda went out to dinner with appellant, Holly, Lori, and another
individual. While they were at dinner, the Beverly Hills police arrived at appellant's
apartment pursuant to their investigation of Jessie's claims. The police had an arrest
warrant for appellant. Detective Dale Drnmmond, Jr., or one of the officers with him,
found Amanda's suitcase and called her cellular phone number. The police told her they
had found itin the hallway after an apparent burglary, hoping that the call would prompt
her and appellant to return to the apartment. When appellant and Amanda returned,
appellant was arrested. The police interviewed Amanda, who did not report appellant's
conduct. Amanda flew home that night.. Officers the apartment found the
searching
. videotapes of Amanda and Autumn. Both videos were playe
Preview
FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 Filed6/19/12 P. v. Alexander CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115{a), prohiblta or ordered publication courtsand parties frorn citing or relying except published, as specified on opinionsnot certified for or orderedpublishedfor purposes of rule 8.1115. by ruto 8.1116(b). This opinion has not been certified for publication IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, B220072 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. BA327190) ANAND JON ALEXANDER, Defendant and Appellant APPEAL from a judgment of the Superior Court of Los Angeles County. David S. Judge. Wesley, Affirmed. mgelyn Gates for Defendant and Appellant Kamala D. Harris, Attorney General, Dane R. Chief Gillette, Assistant Attorney General, Lance E. Winters, Assistant Attorney General, James William Bilderback 11 and Marc A. Kohm, Deputy Attorneys for General, Plaintiff and Respondent. WiC1354 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 A jury convicted appellant Anand Jon Alexander of seven counts of committing a (c)(1)),l lewd act on a child (counts 3-5, 30-32, 57) (Pen. Code, § 288, subd. contributing to the delinquency of a minor (count 6) (§ 272, subd. (a)(1)), sexual battery by restraint (count 7) (§ 243.4, subd. (a)), attempted forcible oral copulation (count 8) (§§ 288a, subd. (c)(2), 664), forcible rape (count 9) (§ 261, subd. (a)(2)), two counts of sexual penetration by a foreign object (counts 10, 33) (§ 289, subd. (a)(1)), using a minor for sex acts (count 11) (§ 311.4, subd. (c)),possession of child pornography (count 12) (§ 311.11, subd. (a)), and misdemeanor sexual battery (count 56) (§ 243.4, subd. (e)(1)). The jury found with respect to counts 9, 10, and 33 that appellant committed crimes against multiple victims within the meaning of section 667.61, subdivision (b). The trial court sentenced appellant to 14 years plus 45 years to lifein prison. The sentence consisted of the following: in counts 9, 10, and 33, three consecutive terms of 15 years to life;in counts 7-8, four years each; in counts 3-5, 11-12, 30-32, and 57, eight months each; in the misdemeanor counts 6 and 56, terms equal to time served. Appellant appeals on the grounds that: (1) the trialcourt erred in failing to recuse the district attorney's office; (2) the trial court erred in failing to grant immunity to Juror No. 12; (3) the trial court erred in failing to grant appellant a new trialdue to juror misconduct and/or prosecutorial misconduct; (4) the prosecution committed misconduct by effectively destroying evidence; (5) the trial court erred in not allowing further investigation in relation to appellant's new trialmotion; (6) the trial court erred in admitting the testimony of the Evidence Code section 1108 witnesses; (7) the trial court erred in admitting computer evidence under Evidence Code sections 1101 and 1108; (8) the evidence was insufficient to convict appellant of the charges absent the evidence admitted under Evidence Code section 1108; and (9) in sentencing appellant, the trial court failed to specify that counts 33 and 10 were to be served consecutively. 1 All further references to statutes are to the Penal Code unless stated otherwise. 2 WIC1365 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 FACTS Appellant was a fashion designer who lived in an apartment on North Palm Drive in Beverly Hills during most of the time periods relevant to the charges in this case. As described f·fra, appellant engaged in sex acts with young women and girls who met appellant in connection with their aspirations of entering the fashion industry. In addition tohis convictions for the sex acts described by the victims, appellant was convicted in count 12 of possession or control of child pornography in connection with video he recorded of underage victims. L Preseention Evidence Regarding Named Victims A. Jessie R, Counts 7-9: Sexual Battery by Restraint, Attempted Forcible Oral Copulation, Forelble Rape In November Jessie B. was 18. She lived in Washington state and had - 2006, posted modeling photos online. Appellant contacted her and invited her to Los Angeles for a photo shoot. Appellant paid her airfare and told her he had arranged for a hotel room and a driver to meet her at the airport. When Jessie arrived at the Los Angeles airport on March 4, 2007, she called appellant, who instructed her to take a taxi to the Four Seasons Hotel in Beverly Hills. Upon arriving at the hotel, she called appellant again. He told her to come to his apartment building on North Palm Drive. Appellant brought her into his apartment and offered her a drink, which she declined. He suggested - that she change into p iamas. Although she found this strangeg Jessie went to the bathroom and changed into pajama pants and a T-shirt Appellant led her to his bedroom, which contained a deflated air mattress rather than a bed. Appellant kissed Jessie, and she pushed him away and told him to stop. Appellant pulled off her pants and kissed her breasts. Then he sat on her chest and demanded she suck on his penis. When she refused, he removed her tampon and inserted his penis into her vagina. Jessie asked him to stop, but he ignored her. He ejaculated inside her. Appellant then went to sleep. Jessie dressed herself and also went to sleep. When Jessie awoke the next moming, Holly G. and Lori, appellant's assistants, were in the apartment also. Jessie modeled clothing for appellant Jessie later went to get 3 WIC1366 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 food with Holly and Lori. Jessie called her friend, Meredith, who promised Jessie that she would callher sister,who lived in Los Angeles. Jessie also spoke to her parents, but she did not mention that appellant had raped her. Jessie then called for a taxi to pick her up atthe apartntent building. While Jessie was getting her luggage together at the apartment, appellant repeatedly told her that she could not leave because he had spent money on her ticket. Jessie leftand called Meredith, who told her to go to Sony Studios in Culver City, where Meredith's sister, Chris, worked. Jessie arrived at the studios and spoke with Chris and Chris's coworker, Kim Skeeters. Jessie told Skeeters that appellant had raped her. Jessie also told her that appellant said he came from a prominent family and would harm her ifshe reported him. Skeeters took Jessie to the police. The police took Jessie to the hospital to be examined, Appellant's semen was found in Jessie's vagina. B. Kane S., Counts 30-32: Lewd Act Upon a Child In 2002, Katie S. was a 14-year-old model living in Texas. In August of that year, her manager introduced her and some fellow models to appellant. The models were videotaped wearing clothing provided by appellant. The videos were supposed to air on MTV. In November 2002, when appellant invited Katie to attend a party in his honor, Katie and her mother flew to Los Angeles. Appellant, his mother (Shashi Abraham), and .hissister (Sanjana Alexander) picked Katie and her mother up atthe airport and drove them to a hotel in Beverly Hills. Katie and her mother went to a nightclub in Los . Angeles with appellant that evening. After Katie's mother left and retumed to the hotel, appellant began to rub Katie's leg. He invited her back to his hotel, but Katie declined. Appellant took Katie back to her hotel and said to Katie's mother something to the effect that age did not matter in a relationship. Katie and her mother attended another event with appellant the next day. Katie was photographed. On the third day in Los Angeles, Katie and her mother went to appellant's hotel. Katie tried on dresses while Katie's mother sat on a bench in the hallway. When Katie asked to change in the bathroom, appellant became angry and told her that ifshe wanted to model, she would have to become comfortable changing in front of other people. As Katie was attempting to pull 4 WIC1367 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 on a dress that was too small, appellant touched her breasts and vagina. Katie went to the bathroom and changed back into her own clothing. Katie then went with her mother and appellant to a boutique where Katie modeled a dress and was photographed. She and her mother then returned to Texas. Katie received e-mails from appellant in which he expressed a romantic interest in her, He said that their age difference was irrelevant. In December 2002, appellant asked Katie to meet him at her manager's office in Texas. Katie went, and appellant gave her a glass of wine. After drinking it,Katie lost control over her body. Appellant inserted his penis into her mouth and vagina. Katie lost consciousness. When she awoke, she went home. Appellant called her at least once after that incident. She did not report the crimes to her mother until.March 2003. She reported the crimes to the police in 2006, when appellant's arrest became publicized. Katie acknowledged that she discussed the case with other people on various occasions. She had discussed the possibility of going on television. During one conversation with the police, Katie said that she had used GHB recreationally when she was 16. C. Autumn A., Counts M: Lewd Act Upon a Child and Contributing to the Delinquency of a Minor On February 23, 2007, 15-year-old Autumn A. was a model living in Riverside. . . She met appellant at an event hosted by her modeling agency. Appellant asked her to appear in one of his modeling shoots. Autumn accepted the offer, and her mother and stepfather later took her to appellant's apartment on North Palm Drive. Appellant asked Autumn's mother to sign an authorization form, and he told her to say that Autumn was 18 on the form. Autumn and her parents went with appellant and his assistants to the beach, and Autumn posed for appellant there. Autumn wore a transparent shirt in some of the photographs. Appellant told Autumn that her breasts would be edited out of the pictures before they were published. Appellant's assistant, Holly G., testified that Autumn told her that she was 15. Appellant told Autumn he could make her a famous model. He said that Autumn could only be successful ifshe moved to Los Angeles, and he said she could stay in his 5 W1C1358 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 apartment. He explained to Autumn and her mother that his assistants, Holly and Lori, would also be in the apartment. Autumn agreed to try the arrangement on the weekends. A few days later,Autumn's parents took her to appellant's apartment. Appellant gave Autumn a dress and heels to wear, and he took her to an event attended by several celebrities, Autumn mentioned to someone there that she was stillin high school. When they leftthe event, appellant told Autumn not to mention that she was in high school. Appellant and Autumn went to a party where he gave her an alcoholic drink. Autumn tasted itand poured itout when appellant was not looking. Appellant and Autumn then left for another event attended by various celebrities. When appellant and Autumn returned to his apartment, appellant told his assistant Lori to go to sleep. Appellant gave Autumn an alcoholic drink and told her to drink it .. . quickly. When appellant was not looking, Autumn poured itdown the sink. Autumn changed into her pajamas, but appellant informed Autumn that they were going to Paris Hilton's birthday party. Autumn changed back into the black dress. At that point, appellant brought her into his bedroom. He reminded her to tellpeople she was 18 and began filming her with a video camera. He asked Aútumn her age, and she said she was 18. He asked her to take off her elothing and show her body. After she did so, appellant show." asked her to "do a This made Autumn feel uncomfortable. She put her clothes back on and covered herself with a blanket Appellant told her she would have to sacrifice to become a model and proceeded to touch her chest and insert his finger in her vagina. He took her hand and placed itagainst his groin. Autumn pushed appellant away and left the room. Autumn texted her friend and went to sleep on a couch. She was awakened when appellant tried to liedown beside her. She pretended to be asleep and pressed her body against the couch to prevent appellant from lying down. Appellant left, Autumn went with appellant and his assistants to a market the next day. Appellant told her itwas a good place to be seen. He gave her a shirt to wear, and she removed her bra at appellant's suggestion. Autumn spent the day with appellant until her parents 6 WIC1369 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 came to take her home. Appellant encouraged her parents to let Autumn stay in Los Angeles more often. Autumn decided not to tell her parents about appellant's conduct. When appellant telephoned the following day, Autumn told her mother that she was not interested in doing another fashion shoot with him. Autumn did allow her mother to e-mail appellant some additional photographs of Autumn, as appellant had requested. Not long after these events, Holly called Autumn and infonned her of appellant's arrest. Holly gave her a number to call ifanything had happened to her. Autumn then told her mother what appellant had done to her. Autumn spoke to the police on the following day. D. Nicole G., Count 33: Sexual Penetration by a Foreign Object In October 2004, Nicole G., a 21-year-old model, was contacted by someone who identified herself as Rebecca Dean. Dean wanted to know ifNicole would be interested in modeling for appellant. Nicole eventually spoke with appellant himself, and he invited her to participate in Fashion Week. Appellant told her she would be staying at the studio with the other girls. Because he was so vague, Nicole reserved a hotel room. On October 28, 2004, Nicole arrived at her hotel. She was told to go to "studio," appellant's which turned out to be appellant's apartment. Nicole brought her friend Allan H. as a security precaution. As soon as they arrived at the apartment, appellant told Allan to go out and purchase boots for Nicole, which Allan did, There were numerous models at the apartment. Their ages ranged from 15 to 17. Appellant gave the models clothing to change into, and then they took part in a fashion show in Beverly Hills. Afterwards, Nicole and some of the other models went to dinner and a club with appellant. Nicole and Allan returned to their hotel for the night. On the following day, Nicole attended a charity dinner with appellant and Sanjana. After the dinner, Nicole went to appellant's apartment with appellant and Sanjana. . Appellant invited Nicole into his bedroom. Nicole did not find this unusual, since the bedroom had been used for meetings the prior day. Appellant told her that she could become famous like Paris Hilton, and he encouraged her to live in his apartment. 7 WIC1370 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 Appellant then exposed his penis. He pushed Nicole down, and inserted his finger into her vagina. Nicole told him to stop, and he eventually did. Nicole leftthe room. Appellant told her not to contact him again Nicole returned to her hotel and told Allan that she did not want to see appellant the next day as had been planned. Instead, she and Allan flew home. Nicole reported the crimes to the police after the ease was publicized. Allan was called as a witness for the defense. He testified that Nicole was crying when she returned to the hotel. She told him about appellant's behavior on the following day. E. Eve M., Count 57: Lewd Act Upon a Child M.,2 was and Santa She In December 2000, Eve 15 living in Barbara. modeled during Fashion Week in New York City. There, she met appellant, and they became friends." "more than They engaged in some kissing. Eve returned to Santa Barbara and kept in regular contact with appellant. He encouraged her to move to New York to further her modeling career. In August 2001, appellant asked Eve to meet him. Because her mother would not approve, Eve, who was still 15, met with appellant in Santa Barbara after making up an excuse to her.mother. Appellant drove to a secluded spot. They kissed, and appellant touched her breasts. He told her to suck on his penis, which Eve did. While she was doing this,appellant pushed on her head, which-caused her pain. Appellant drove Eve back to the movie theater where he had picked her up. They were kissing again when a police officer and Eve's mother interrupted them. Appellant was arrested. The police interviewed Eve, who lied and said that she and appellant had only kissed. She did not want appellant to be punished. Eve kept in contact with appellant. At trial,she stilldid not think that appellant had done anything to her that deserved punishment, At some point, at appellant's direction, she wrote him a letterin which she denied that anything other than kissing occurred between them. Eventually, Eve told her mother and the police about the oral sex. C." 2 The indictment identified Eve as "Eve incorrectly 8 WIC1371 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 F. B.0., Counts $1-$5: Sexual Penetration by a Foreign Object, Oral Copulation of a Person Under 18, Unlawful Sexual Intercourse, Contributing to the Minors Delinquency of a B.O. met appellant in February 2007 when she was 17 years old. Appellant found B.O. on a website and contacted her. Appellant told B.O. he was a fashion designer in Beverly Hills and was looking for somebody new. B.O. told appellant she was 17. On February 1, 2007, after talking with appellant for six days, she drove to Beverly Hills from San Luis Obispo County with her friend, Janice Z. Appellant had offered to pay for B.O. 's train ride and suggested they could have a romantic weekend. The two girls missed their train, and appellant talked Janice into driving. The girlsplanned to stay at. appellant's apartment. When they arrived, appellant's assistant gave B.O. a book with his press clippings. That night they went to a restaurant called Toi's. After dinner they returned to the apartment, and appellant made B.O. a drink. B.O. thought the drink tasted like straight it." vodka. B.O. began to feel "really out of Appellant placed a blanket over the two of them as they sat on the sofa and watched a movie. After B.O. finished the drink, appellant removed her tights and "somehow [her] head was like pushed under the down." blankets and his pants were Appellant's penis was in her mouth. Appellant "Sure." asked B.O. ifshe wanted to go to hisroom and she thought she said, B.O. had not intended to have sex with appellant on that trip. After he led her into the bedroom, she lostconsciousness. She remembered srnelling something "really bad, absolutely disgusting" the firsttime she regained consciousness. She opened her eyes and saw that "butt" appellant's was in her face and his penis was in her mouth. She blacked out again. She heard appellant tellher she had a tight pussy. She felt him "grinding up on top of [her]." The next morning, she and Janice told appellant they had to go. B.O. admitted pictures" that she sent appellant "provocative because appellant wanted them. She did 3 The acquitted appellant in counts 51 through and itdeadlocked in count jury 54, 55. B.O. 's testimony is included because itis referred to during other portions of the facts and procedural history. 9 WIC1372 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 not recall telephoning appellant seven times after leaving his apartment. She did not remember texting appellant many times on that day. B.O. 's friend Janice testified that she saw appellant's hand was moving B.O. 's head up and down when they sat on the sofa. Later, Janice went to sleep on a couch and was awakened by appellant being on top of her. He put his fingers in her vagina and got on top of her. He pulled down his pants and was going to have sex with her, but she told "No." him, Janice stated that appellant told B.O. and her that he wanted to do a photo shoot of them, but they refused. They both leftthe apartment the next day and drove home. Janice gave a statement to an investigator named Laurie Devine in 2008. Janice talked to a hotline in June 2007. B.O. discussed the case with Holly on various occasions prior to trial. B.O. also tried to contact victims and people talking about the case. B.O. posted comments to websites, asking people to contact her about the case. B.O. was contacted by an Kismet." individual who identified himselfas "Qusling He said he was interested in appellant because appellant had assaulted a friend of his. Kismet claimed that he had managed to hack into appellant's computer. He gave B.O. a document listing the victims and their e-mails in this case. B.O. testified that she forwarded this information to the police. G. Stacey F., Count 56: Misdemeanor Sexual Battery Stacey F. was 17.in December 2006. She was a model and put pictures of herself on a modeling website. She responded to a mass posting on the same site that advertised jobs for lingerie models. The ad said the models would work with appellant. She spoke with a Lisa Martinovic, who wanted Stacey to have a conversation with appellant before an interview was set up. After Stacey spoke with appellant, Lisa told Stacey the details of the interview and advised her to wear a skirt or dress rather than jeans or shorts, and to look sexy. Stacey was led to believe the meeting place would have a receptionist and a hallway waiting area. She wanted to know this because she planned to bring someone with her for safety. 10 WIC1373 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 Stacey went to the address given her, which was appellant's North Palm Drive apartment, with Adam Bracamonte. She wore a dress that reached to her mid-thigh, and she wore underwear. She was let in the building by another resident, and she went to the rooftop as instructed. Bracamonte waited in the car. Appellant inet her there and, since it mess." was cold and dark, they went downstairs to the apartment, which was "a complete Stacey was uncomfortable because itwas an unprofessional setting. However, it"was a opportunity," work." good and she did not "really know how itwas supposed to Appellant asked her to sitand offered her a drink three or four times, which she refused. He kept asking her if she wanted to take a shower to relax or to dance around, but she refused at least 15 times. . . Appellant mentioned that he needed a date for the Oscars. Stacey told him she was 17 and itwould probably not be appropriate. Appellant wanted to take pictures of her with a camera, and appellant asked her to take off her dress. She did this,and appellant told her to loosen up. Afterwards, she sat on the sofa again and flipped through appellant's press clippings that he wanted her to look over. Appellant began to make phone calls, and because Stacey's dress was on trie other side of the room, she feltuncomfortable about getting up and going to put itback on. She thought itwas rude. Appellant came over and tried to sit next to her on the couch. At that point, Stacey got up to go and get her dress. While she was sitting up, appellant grabbed her waist and pulled her back down on the couch. He put his hand on her thigh. Half of her was on his lap and other half was on the couch. Appellant tried to kiss her on the mouth. She moved her head and the kiss landed half on her mouth and half on her cheek. Stacey got up to get her stuff and leave. She told appellant she had someone waiting for her in the car. As soon as appellant found this out, he became anxious. He got her stuff and handed her the dress. He then escorted her downstairs. Appellant told her to come back when she had lost about 10 pounds. Bracamonte later informed Stacey about appellant's arrest. Stacey eventually contacted the Beverly Hills police. 11 WIC1374 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 H. Amanda C, Counts 10-lb Sexual Penetration by a Foreign Object, Using a Minor for Sex Acts In February 2007, Amanda C. was 17 years old and living in Pennsylvania. She was registered on a website for models as being in the age bracket of 15 to 22. She received various e-mails and phone calls encouraging her to fly to Los Angeles to model jeans for appellant. She was told that she would be staying in a hotel with two of appellant's female assistants. She was to be reimbursed for the airfare. Amanda arrived in Los Angeles on the morning of March 6, 2007. Appellant told . . her to take a shuttle to the Four Seasons Hotel. Amanda called appellant from the hotel, and appellant met her in the lobby. He took her luggage and directed her to follow him. He led her to his apartment a few blocks away on North Palm Drive. Amanda was unable to talk to appellant during the walk because he was on the phone. She had believed she would be staying at the hotel. Appellant and Amanda entered appellant's apartment, and Holly and Lori were there. Appellant immediately took Amanda to his bedroom. He told her she could be girl"' "the next 'it like Paris Hilton. He also said that, ifshe did not follow his instructions, she would have to find someplace else to stay that night. Amanda told appellant that she was 17 years old, and appellant replied that she should tell people she was 18 years old. Appellant began filming Amanda with a video camera and asked her how old she was. Because of appellant's instruction, Amanda said she tvas 18. Appellant told her to take off her clothing. When she hesitated, appellant told her that models had to be comfortable doing that. Amanda removed her dress, and then coinplied when appellant told her to fully disrobe. Appellant approached Amanda and commented that she was visibly shaking. He then inserted his finger into her vagina and touched her buttocks. The touching is visible on the videotape, at which point the video ends. Amanda pulled away from appellant and ran to the bathroom. Amanda dressed and left the bathroom to find appellant and his assistants using their computers. Appellant asked Amanda to walk to a nearby market and buy some cookies for him. While she was out, 12 WIC1375 FILED: NASSAU COUNTY CLERK 05/02/2022 11:45 PM INDEX NO. 600703/2016 NYSCEF DOC. NO. 461 RECEIVED NYSCEF: 05/02/2022 Amanda called and texted her mother and boyfriend, but did not tell them what had occurred. That evening, Amanda went out to dinner with appellant, Holly, Lori, and another individual. While they were at dinner, the Beverly Hills police arrived at appellant's apartment pursuant to their investigation of Jessie's claims. The police had an arrest warrant for appellant. Detective Dale Drnmmond, Jr., or one of the officers with him, found Amanda's suitcase and called her cellular phone number. The police told her they had found itin the hallway after an apparent burglary, hoping that the call would prompt her and appellant to return to the apartment. When appellant and Amanda returned, appellant was arrested. The police interviewed Amanda, who did not report appellant's conduct. Amanda flew home that night.. Officers the apartment found the searching . videotapes of Amanda and Autumn. Both videos were playe