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People v. Alexander
Court of Appeal of California, Second Appellate District, Division Two
June 19, 2012, Opinion Filed
B220072
Reporter
2012 Cal. App. Unpub. LEXIS 4547 *; 2012 WL 2311554
THE PEOPLE, Plaintiff and Respondent, v. ANAND JON ALEXANDER, Defendant and Appellant.
Notice: NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a),
PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR
PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS
NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE
8.1115.
Subsequent History: Review denied by People v. Alexander (Anand Jon), 2012 Cal. LEXIS 8936 (Cal., Sept. 19,
2012)
Prior History: [*1] APPEAL from a judgment of the Superior Court of Los Angeles County. Los Angeles County
Super. Ct. No. BA327190. David S. Wesley, Judge.
Disposition: Affirmed.
Counsel: Angelyn Gates for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant
Attorney General, James William Bilderback II and Marc A. Kohm, Deputy Attorneys General, for Plaintiff and
Respondent.
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Judges: BOREN, P.J.; DOI TODD, J., ASHMANN-GERST, J. concurred.
Opinion by: BOREN, P.J.
Opinion
A jury convicted appellant Anand Jon Alexander of seven counts of committing a lewd act on a child (counts 3-5,
30-32, 57) (Pen. Code, § 288, subd. (c)(1)),1 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 [*2] 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 trialcourt sentenced appellant to 14 years plus 45 years to life in 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 trial court 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 trial motion; (6) the trial court erred in admitting the testimony of the Evidence Code section 1108 witnesses;
(7) the trial court erred in [*3] 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 trialcourt failed to specify that counts 33 and 10 were to be
served consecutively.
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 infra, 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
to his 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.
I. Prosecution Evidence Regarding Named Victims
1 All
further references to statutes are to the Penal Code unless stated otherwise.
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A. Jessie B., Counts 7-9: Sexual Battery by Restraint, Attempted Forcible Oral Copulation, Forcible Rape
In November 2006, Jessie B. was 18. She lived in Washington state and had posted modeling photos online.
Appellant contacted her and invited her to Los Angeles for a photo shoot. [*4] 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 pajamas. Although she found this strange, 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 morning, Holly G. and Lori, [*5] appellant's assistants, were in the apartment also.
Jessie modeled clothing for appellant. Jessie later went to get food with Holly and Lori. Jessie called her friend,
Meredith, who promised Jessie that she would call her 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 at the
apartment 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 left and 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 if she 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. Katie S., Counts 30-32: Lewd Act Upon a Child
In 2002, Katie S. was a 14-year-old model living in Texas. In [*6] 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 his sister (Sanjana
Alexander) picked Katie and her mother up at the 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 returned 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 if she
wanted to model, [*7] she would have to become comfortable changing in front of other people. As Katie was
attempting to pull 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.
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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 [*8] conversation with the police, Katie said that she had used GHB recreationally when she
was 16.
C. Autumn A., Counts 3-6: 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 livingin 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 if she
moved to Los Angeles, and he said she could stay in his apartment. He explained to Autumn and her mother that
his [*9] 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 still in high school. When they left the 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 it and poured it out
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 it
down 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 tell people she was 18 and began filming her with [*10] a video camera. He asked
Autumn her age, and she said she was 18. He asked her to take off her clothing and show her body. After she did
so, appellant asked her to "do a show." 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 it against 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 lie down 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 it was 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 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 [*11] 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.
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Not long after these events, Holly called Autumn and informed her of appellant's arrest. Holly gave her a number to
call if anything 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 if Nicole 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 appellant's "studio," 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, [*12] 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. 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
left the 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 [*13] reported the crimes to the police after the case 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
In December 2000, Eve M.,2 was 15 and living in Santa Barbara. She modeled during Fashion Week in New York
City. There, she met appellant, and they became "more than friends." 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 [*14] 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 letter in which she denied that
anything other than kissing occurred between them. Eventually, Eve told her mother and the police about the oral
sex.
2 Theindictment identified Eve incorrectly as "Eve C."
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F. B.O., Counts 51-55: Sexual Penetration by a Foreign Object, Oral Copulation of a Person Under 18,
Unlawful Sexual Intercourse, Contributing to the Delinquency of a Minor3
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 [*15] 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 girls planned 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 vodka. B.O. began to feel "really out of it." 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 blankets and his pants were down." Appellant's penis was in her
mouth. Appellant asked B.O. if she wanted to go to his room and she thought she said, "Sure." B.O. had not
intended to have sex with appellant on that trip. After he led her into the bedroom, she lost consciousness. She
remembered smelling something "really bad, absolutely disgusting" the first time she regained
[*16] consciousness. She opened her eyes and saw that appellant's "butt" was in her face and his penis was in her
mouth. She blacked out again. She heard appellant tell her 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 that she sent appellant
"provocative pictures" because appellant wanted them. She did 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 him, "No." Janice stated that appellant told B.O. and her that he wanted to do a photo shoot of them, but they
refused. They both left the 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 [*17] 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 individual who identified himself as "Qusling Kismet." 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 [*18] a receptionist and a hallway waiting area. She wanted to know this
because she planned to bring someone with her for safety.
3 The jury acquitted appellant in counts 51 through 54, and it deadlocked in count 55. B.O. 's testimony is included because it is
referred to during other portions of the facts and procedural history.
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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 inthe car. Appellant met her there and,
since itwas cold and dark, they went downstairs to the apartment, which was "a complete mess." Stacey was
uncomfortable because it was an unprofessional setting. However, it"was a good opportunity," and she did not
"really know how it was supposed to work." Appellant asked her to sit and 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 it would 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. [*19] 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 the other side of the room, she felt
uncomfortable about getting up and going to put it back on. She thought it was 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.
H. Amanda C., Counts 10-11: Sexual Penetration by a [*20] 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 "the next 'it girl'" like Paris Hilton. He also said that, if she did not
follow his instructions, she would have to find someplace else to [*21] stay that night. Amanda told appellant that
she was 17 years old, and appellant replied that she should tellpeople 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 was 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 complied 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 leftthe 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, Amanda called and texted her mother and boyfriend, but did not tell them
what had occurred.
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That evening, Amanda went out to dinner with appellant, Holly, Lori,and another individual. While they were at
dinner, the Beverly Hills police [*22] arrived at appellant's apartment pursuant to their investigation of Jessie's
claims. The police had an arrest warrant for appellant. Detective Dale Drummond, 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 it in 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 searching the apartment found the videotapes of
Amanda and Autumn. Both videos were played for the jury. Amanda denied that she e-mailed photographs of
herself wearing little clothing to appellant on March 14, 2007, after the incident with appellant.
II. Computer Evidence
Evidence of the contents of several computers was introduced in relation to counts involving Jessie B. and B.O. O.
(whose accusations did not result in convictions). One computer was found by police on the mattress in appellant's
bedroom. In the living room, the officers found four more computers. A G4 laptop had a hard drive labeled "Anand
[*23] Jon One" that contained numerous photographs and documents related to appellant and his business. There
was a 15-page password-protected document on the G4 laptop entitled AJCQST.DOC. It was created on January
14, 2002, and was last accessed on December 20, 2006. This document begins with the words, "Research on Boy
2 man journey-through sexcapades-mainly fantasy-THIS IS NOT REAL!!!" and describes sexual encounters. Some
examples of the entries included: "Cindy []: Parsons life model, liked the violence"; Elissa: Italian,
Parsons/promoterspice, border line pain. Ravaged her. Lots of blo. Scent of a woman was strong"; Joanna []: oral
service ugly/great lips to be serived [sic] by." Analysis of the G4 computer revealed numerous documents indicating
itwas owned by appellant. On that computer, officers found three documents that were similar in content to the
"AJCQST" document found on the laptop.
An examination of the Vaio laptop found in appellant's bedroom revealed numerous documents indicating it was
owned by appellant. On that laptop, officers found numerous pornographic images of women with penises in their
mouths. In some of the images, the women appear to be choking or crying. [*24] Some of the women were
restrained. The laptop was used for numerous visits to pornographic websites. The internet history for the period
from February 26, 2007, to March 4, 2007, showed visits to websites with titles such as Misterstiff, Teen Tits and
Ass, YoungThroats, GaggingWhores, ThroatPokers, Facial Humiliation, and Messiest Facials. The internet history
indicated that at 11:56 p.m. on March 4, 2007, appellant visited Jessie's MySpace page. He then visited several
pornographic websites. This was shortly before her arrival.
An examination of the Vaio with the Hitachi hard drive indicated that it was not used by appellant, but by Holly and
her relatives. That computer's internet history revealed visitsto pornographic websites, but only on one date in
2006. This pornography was different than the pornography found on appellant's laptop
III. Evidence Code Section 1108 Witnesses
A. Courtney S.
In 2005, Courtney S., was 19 years old and was studying fashion design and merchandising. She responded to an
online job advertisement that appellant had placed. Courtney accepted a position as an intern for appellant.
Courtney's first day of work was in June 2005 at appellant's apartment on North [*25] Palm Drive. On the evening
of her first day of work, Courtney went to a party with appellant and Lori. Courtney drank a great deal of alcohol.
Upon returning to appellant's apartment, she accepted appellant's invitation to sleep in his bed. Appellant
persistently tried to have sex with Courtney. He touched her vagina and breasts, and acted as ifsex "was
expected." He finally relented. On the next day, Courtney again accepted appellant's invitation to spend the night,
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and appellant again attempted to have sex with her. She resisted, and he eventually gave up because he needed
her unpaid assistance. She continued to work for appellant for the next six months, at least five days a week. She
was excited to be working in fashion, which she had been wanting to do for a long time. After Courtney made clear
that she would not have sex with appellant, he treated her "like garbage." He was verbally abusive and criticized her
appearance. Courtney was told not to speak with Lori and Holly, who were living in appellant's apartment and not to
speak with potential models who came to the apartment. According to Courtney, when a modeling hopeful arrived
with parents, appellant would take them to the [*26] rooftop patio. As for the hopefuls who arrived without parents,
appellant would take some of them to his bedroom and close the door. Some of the hopefuls that came to the
apartment were only 13 years old. Sometimes appellant told Courtney to leave the apartment when a hopeful
arrived. Appellant received "a top award" for being "a top fashion designer" in Canada during this time period.
B. B.D.
On March 19, 2003, B.D. went with her mother to the L'Ermitage hotel in Beverly Hills for a modeling audition for
appellant. B.D. was 14. The other models there were noticeably taller and "more professional" than B.D. Appellant
had B.D. and the other models show him how they walked. Appellant directed the taller models to leave, and invited
only B.D. and another short model named Heather to remain, telling them they would attend a pre-Oscars party with
him. While Brigit's mother waited, appellant led B.D. and Heather into another room to try on clothing. Appellant
attempted to kiss B.D. while she was changing, but she ducked, and he kissed her forehead. Appellant invited B.D.
to return. Appellant mentioned that he had to leave to speak to Susan Sarandon about using something of his at the
Academy [*27] Awards.
B.D. and her mother returned to the hotel a few days later. Various other people arrived at the hotel, and there was
a party. A photographer took photographs of B.D. Appellant led B.D. to a balcony where he kissed her and told her
he could make her career. B.D. pushed him away and returned to the party. B.D. posed for more photographs. She
tried to speak to her mother, but appellant told her to keep moving through the party. At one point, appellant
followed B.D. into the bathroom, and kissed her and touched her buttocks. B.D. pushed him away. Appellant invited
B.D. to participate in a fashion shoot the next day. B.D. told her mother that she was not interested in doing any
further modeling.
Appellant repeatedly asked B.D.'s mother for another photo shoot. B.D.'s mother told appellant that B.D. was not
interested. Two days later, B.D. told her mother about appellant's conduct. She also reported the touching to the
police.
C. Tara S.
In the fall of 2002, Tara S., was 17 years old. She met appellant through a mutual friend. In November 2002, Tara
took the train from her home in New Jersey to New York to meet appellant and other friends. She first went to his
apartment, where she dined [*28] with appellant and his mother. After dinner, appellant invited Tara into his
bedroom and closed the door. Appellant told her that she could be a model, and he asked her to remove her
clothing so that he could photograph her. Tara reluctantly took off everything but her underwear. She refused
appellant's request to take it off. She allowed appellant to massage her. He took off all of his clothes except his
underwear. He straddled her and began rubbing her back, and he pressed his erect penis against her lower back.
Tara told appellant that she did not want to have sex
Preview
FILED: NASSAU COUNTY CLERK 01/08/2020 10/12/2022 07:53 07:40 PM AM INDEX NO. 600703/2016 NYSCEF DOC. NO. 354 752 RECEIVED NYSCEF: 01/08/2020 10/12/2022 Warning As of: January 8, 2020 6:11 PM Z People v. Alexander Court of Appeal of California, Second Appellate District, Division Two June 19, 2012, Opinion Filed B220072 Reporter 2012 Cal. App. Unpub. LEXIS 4547 *; 2012 WL 2311554 THE PEOPLE, Plaintiff and Respondent, v. ANAND JON ALEXANDER, Defendant and Appellant. Notice: NOT TO BE PUBLISHED IN OFFICIAL REPORTS. CALIFORNIA RULES OF COURT, RULE 8.1115(a), PROHIBITS COURTS AND PARTIES FROM CITING OR RELYING ON OPINIONS NOT CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED, EXCEPT AS SPECIFIED BY RULE 8.1115(b). THIS OPINION HAS NOT BEEN CERTIFIED FOR PUBLICATION OR ORDERED PUBLISHED FOR THE PURPOSES OF RULE 8.1115. Subsequent History: Review denied by People v. Alexander (Anand Jon), 2012 Cal. LEXIS 8936 (Cal., Sept. 19, 2012) Prior History: [*1] APPEAL from a judgment of the Superior Court of Los Angeles County. Los Angeles County Super. Ct. No. BA327190. David S. Wesley, Judge. Disposition: Affirmed. Counsel: Angelyn Gates for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, James William Bilderback II and Marc A. Kohm, Deputy Attorneys General, for Plaintiff and Respondent. FILED: NASSAU COUNTY CLERK 01/08/2020 10/12/2022 07:53 07:40 PM AM INDEX NO. 600703/2016 NYSCEF DOC. NO. 354 752 RECEIVED NYSCEF: Page 2 of 10/12/2022 01/08/2020 34 2012 Cal. App. Unpub. LEXIS 4547, *1 Judges: BOREN, P.J.; DOI TODD, J., ASHMANN-GERST, J. concurred. Opinion by: BOREN, P.J. Opinion A jury convicted appellant Anand Jon Alexander of seven counts of committing a lewd act on a child (counts 3-5, 30-32, 57) (Pen. Code, § 288, subd. (c)(1)),1 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 [*2] 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 trialcourt sentenced appellant to 14 years plus 45 years to life in 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 trial court 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 trial motion; (6) the trial court erred in admitting the testimony of the Evidence Code section 1108 witnesses; (7) the trial court erred in [*3] 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 trialcourt failed to specify that counts 33 and 10 were to be served consecutively. 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 infra, 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 to his 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. I. Prosecution Evidence Regarding Named Victims 1 All further references to statutes are to the Penal Code unless stated otherwise. FILED: NASSAU COUNTY CLERK 01/08/2020 10/12/2022 07:53 07:40 PM AM INDEX NO. 600703/2016 NYSCEF DOC. NO. 354 752 RECEIVED NYSCEF: Page 3 of 10/12/2022 01/08/2020 34 2012 Cal. App. Unpub. LEXIS 4547, *3 A. Jessie B., Counts 7-9: Sexual Battery by Restraint, Attempted Forcible Oral Copulation, Forcible Rape In November 2006, Jessie B. was 18. She lived in Washington state and had posted modeling photos online. Appellant contacted her and invited her to Los Angeles for a photo shoot. [*4] 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 pajamas. Although she found this strange, 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 morning, Holly G. and Lori, [*5] appellant's assistants, were in the apartment also. Jessie modeled clothing for appellant. Jessie later went to get food with Holly and Lori. Jessie called her friend, Meredith, who promised Jessie that she would call her 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 at the apartment 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 left and 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 if she 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. Katie S., Counts 30-32: Lewd Act Upon a Child In 2002, Katie S. was a 14-year-old model living in Texas. In [*6] 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 his sister (Sanjana Alexander) picked Katie and her mother up at the 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 returned 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 if she wanted to model, [*7] she would have to become comfortable changing in front of other people. As Katie was attempting to pull 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. FILED: NASSAU COUNTY CLERK 01/08/2020 10/12/2022 07:53 07:40 PM AM INDEX NO. 600703/2016 NYSCEF DOC. NO. 354 752 RECEIVED NYSCEF: Page 4 of 10/12/2022 01/08/2020 34 2012 Cal. App. Unpub. LEXIS 4547, *7 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 [*8] conversation with the police, Katie said that she had used GHB recreationally when she was 16. C. Autumn A., Counts 3-6: 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 livingin 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 if she moved to Los Angeles, and he said she could stay in his apartment. He explained to Autumn and her mother that his [*9] 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 still in high school. When they left the 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 it and poured it out 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 it down 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 tell people she was 18 and began filming her with [*10] a video camera. He asked Autumn her age, and she said she was 18. He asked her to take off her clothing and show her body. After she did so, appellant asked her to "do a show." 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 it against 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 lie down 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 it was 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 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 [*11] 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. FILED: NASSAU COUNTY CLERK 01/08/2020 10/12/2022 07:53 07:40 PM AM INDEX NO. 600703/2016 NYSCEF DOC. NO. 354 752 RECEIVED NYSCEF: Page 5 of 10/12/2022 01/08/2020 34 2012 Cal. App. Unpub. LEXIS 4547, *11 Not long after these events, Holly called Autumn and informed her of appellant's arrest. Holly gave her a number to call if anything 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 if Nicole 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 appellant's "studio," 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, [*12] 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. 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 left the 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 [*13] reported the crimes to the police after the case 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 In December 2000, Eve M.,2 was 15 and living in Santa Barbara. She modeled during Fashion Week in New York City. There, she met appellant, and they became "more than friends." 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 [*14] 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 letter in which she denied that anything other than kissing occurred between them. Eventually, Eve told her mother and the police about the oral sex. 2 Theindictment identified Eve incorrectly as "Eve C." FILED: NASSAU COUNTY CLERK 01/08/2020 10/12/2022 07:53 07:40 PM AM INDEX NO. 600703/2016 NYSCEF DOC. NO. 354 752 RECEIVED NYSCEF: Page 6 of 10/12/2022 01/08/2020 34 2012 Cal. App. Unpub. LEXIS 4547, *14 F. B.O., Counts 51-55: Sexual Penetration by a Foreign Object, Oral Copulation of a Person Under 18, Unlawful Sexual Intercourse, Contributing to the Delinquency of a Minor3 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 [*15] 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 girls planned 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 vodka. B.O. began to feel "really out of it." 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 blankets and his pants were down." Appellant's penis was in her mouth. Appellant asked B.O. if she wanted to go to his room and she thought she said, "Sure." B.O. had not intended to have sex with appellant on that trip. After he led her into the bedroom, she lost consciousness. She remembered smelling something "really bad, absolutely disgusting" the first time she regained [*16] consciousness. She opened her eyes and saw that appellant's "butt" was in her face and his penis was in her mouth. She blacked out again. She heard appellant tell her 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 that she sent appellant "provocative pictures" because appellant wanted them. She did 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 him, "No." Janice stated that appellant told B.O. and her that he wanted to do a photo shoot of them, but they refused. They both left the 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 [*17] 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 individual who identified himself as "Qusling Kismet." 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 [*18] a receptionist and a hallway waiting area. She wanted to know this because she planned to bring someone with her for safety. 3 The jury acquitted appellant in counts 51 through 54, and it deadlocked in count 55. B.O. 's testimony is included because it is referred to during other portions of the facts and procedural history. FILED: NASSAU COUNTY CLERK 01/08/2020 10/12/2022 07:53 07:40 PM AM INDEX NO. 600703/2016 NYSCEF DOC. NO. 354 752 RECEIVED NYSCEF: Page 7 of 10/12/2022 01/08/2020 34 2012 Cal. App. Unpub. LEXIS 4547, *18 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 inthe car. Appellant met her there and, since itwas cold and dark, they went downstairs to the apartment, which was "a complete mess." Stacey was uncomfortable because it was an unprofessional setting. However, it"was a good opportunity," and she did not "really know how it was supposed to work." Appellant asked her to sit and 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 it would 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. [*19] 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 the other side of the room, she felt uncomfortable about getting up and going to put it back on. She thought it was 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. H. Amanda C., Counts 10-11: Sexual Penetration by a [*20] 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 "the next 'it girl'" like Paris Hilton. He also said that, if she did not follow his instructions, she would have to find someplace else to [*21] stay that night. Amanda told appellant that she was 17 years old, and appellant replied that she should tellpeople 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 was 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 complied 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 leftthe 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, Amanda called and texted her mother and boyfriend, but did not tell them what had occurred. FILED: NASSAU COUNTY CLERK 01/08/2020 10/12/2022 07:53 07:40 PM AM INDEX NO. 600703/2016 NYSCEF DOC. NO. 354 752 RECEIVED NYSCEF: Page 8 of 10/12/2022 01/08/2020 34 2012 Cal. App. Unpub. LEXIS 4547, *21 That evening, Amanda went out to dinner with appellant, Holly, Lori,and another individual. While they were at dinner, the Beverly Hills police [*22] arrived at appellant's apartment pursuant to their investigation of Jessie's claims. The police had an arrest warrant for appellant. Detective Dale Drummond, 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 it in 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 searching the apartment found the videotapes of Amanda and Autumn. Both videos were played for the jury. Amanda denied that she e-mailed photographs of herself wearing little clothing to appellant on March 14, 2007, after the incident with appellant. II. Computer Evidence Evidence of the contents of several computers was introduced in relation to counts involving Jessie B. and B.O. O. (whose accusations did not result in convictions). One computer was found by police on the mattress in appellant's bedroom. In the living room, the officers found four more computers. A G4 laptop had a hard drive labeled "Anand [*23] Jon One" that contained numerous photographs and documents related to appellant and his business. There was a 15-page password-protected document on the G4 laptop entitled AJCQST.DOC. It was created on January 14, 2002, and was last accessed on December 20, 2006. This document begins with the words, "Research on Boy 2 man journey-through sexcapades-mainly fantasy-THIS IS NOT REAL!!!" and describes sexual encounters. Some examples of the entries included: "Cindy []: Parsons life model, liked the violence"; Elissa: Italian, Parsons/promoterspice, border line pain. Ravaged her. Lots of blo. Scent of a woman was strong"; Joanna []: oral service ugly/great lips to be serived [sic] by." Analysis of the G4 computer revealed numerous documents indicating itwas owned by appellant. On that computer, officers found three documents that were similar in content to the "AJCQST" document found on the laptop. An examination of the Vaio laptop found in appellant's bedroom revealed numerous documents indicating it was owned by appellant. On that laptop, officers found numerous pornographic images of women with penises in their mouths. In some of the images, the women appear to be choking or crying. [*24] Some of the women were restrained. The laptop was used for numerous visits to pornographic websites. The internet history for the period from February 26, 2007, to March 4, 2007, showed visits to websites with titles such as Misterstiff, Teen Tits and Ass, YoungThroats, GaggingWhores, ThroatPokers, Facial Humiliation, and Messiest Facials. The internet history indicated that at 11:56 p.m. on March 4, 2007, appellant visited Jessie's MySpace page. He then visited several pornographic websites. This was shortly before her arrival. An examination of the Vaio with the Hitachi hard drive indicated that it was not used by appellant, but by Holly and her relatives. That computer's internet history revealed visitsto pornographic websites, but only on one date in 2006. This pornography was different than the pornography found on appellant's laptop III. Evidence Code Section 1108 Witnesses A. Courtney S. In 2005, Courtney S., was 19 years old and was studying fashion design and merchandising. She responded to an online job advertisement that appellant had placed. Courtney accepted a position as an intern for appellant. Courtney's first day of work was in June 2005 at appellant's apartment on North [*25] Palm Drive. On the evening of her first day of work, Courtney went to a party with appellant and Lori. Courtney drank a great deal of alcohol. Upon returning to appellant's apartment, she accepted appellant's invitation to sleep in his bed. Appellant persistently tried to have sex with Courtney. He touched her vagina and breasts, and acted as ifsex "was expected." He finally relented. On the next day, Courtney again accepted appellant's invitation to spend the night, FILED: NASSAU COUNTY CLERK 01/08/2020 10/12/2022 07:53 07:40 PM AM INDEX NO. 600703/2016 NYSCEF DOC. NO. 354 752 RECEIVED NYSCEF: Page 9 of 10/12/2022 01/08/2020 34 2012 Cal. App. Unpub. LEXIS 4547, *25 and appellant again attempted to have sex with her. She resisted, and he eventually gave up because he needed her unpaid assistance. She continued to work for appellant for the next six months, at least five days a week. She was excited to be working in fashion, which she had been wanting to do for a long time. After Courtney made clear that she would not have sex with appellant, he treated her "like garbage." He was verbally abusive and criticized her appearance. Courtney was told not to speak with Lori and Holly, who were living in appellant's apartment and not to speak with potential models who came to the apartment. According to Courtney, when a modeling hopeful arrived with parents, appellant would take them to the [*26] rooftop patio. As for the hopefuls who arrived without parents, appellant would take some of them to his bedroom and close the door. Some of the hopefuls that came to the apartment were only 13 years old. Sometimes appellant told Courtney to leave the apartment when a hopeful arrived. Appellant received "a top award" for being "a top fashion designer" in Canada during this time period. B. B.D. On March 19, 2003, B.D. went with her mother to the L'Ermitage hotel in Beverly Hills for a modeling audition for appellant. B.D. was 14. The other models there were noticeably taller and "more professional" than B.D. Appellant had B.D. and the other models show him how they walked. Appellant directed the taller models to leave, and invited only B.D. and another short model named Heather to remain, telling them they would attend a pre-Oscars party with him. While Brigit's mother waited, appellant led B.D. and Heather into another room to try on clothing. Appellant attempted to kiss B.D. while she was changing, but she ducked, and he kissed her forehead. Appellant invited B.D. to return. Appellant mentioned that he had to leave to speak to Susan Sarandon about using something of his at the Academy [*27] Awards. B.D. and her mother returned to the hotel a few days later. Various other people arrived at the hotel, and there was a party. A photographer took photographs of B.D. Appellant led B.D. to a balcony where he kissed her and told her he could make her career. B.D. pushed him away and returned to the party. B.D. posed for more photographs. She tried to speak to her mother, but appellant told her to keep moving through the party. At one point, appellant followed B.D. into the bathroom, and kissed her and touched her buttocks. B.D. pushed him away. Appellant invited B.D. to participate in a fashion shoot the next day. B.D. told her mother that she was not interested in doing any further modeling. Appellant repeatedly asked B.D.'s mother for another photo shoot. B.D.'s mother told appellant that B.D. was not interested. Two days later, B.D. told her mother about appellant's conduct. She also reported the touching to the police. C. Tara S. In the fall of 2002, Tara S., was 17 years old. She met appellant through a mutual friend. In November 2002, Tara took the train from her home in New Jersey to New York to meet appellant and other friends. She first went to his apartment, where she dined [*28] with appellant and his mother. After dinner, appellant invited Tara into his bedroom and closed the door. Appellant told her that she could be a model, and he asked her to remove her clothing so that he could photograph her. Tara reluctantly took off everything but her underwear. She refused appellant's request to take it off. She allowed appellant to massage her. He took off all of his clothes except his underwear. He straddled her and began rubbing her back, and he pressed his erect penis against her lower back. Tara told appellant that she did not want to have sex