Defendant’s Sexual Orientation Not Relevant; Conviction Reversed.

The woman defendant in a criminal trial was charged with molesting a six-year-old girl she babysat. She was convicted and sentenced to 16 years in prison. During closing arguments, the prosecutor repeatedly urged the jury to consider the defendant’s sexual orientation in deciding the truth of the charges against her. In reversing her conviction, the appellate court stated: “We do not believe [defendant’s] sexual orientation was relevant to any issue in this case.” (The People v. Garcia  (Cal. App. Fourth Dist., Div. 3; August 28, 2014) 229 Cal.App.4th 302, [177 Cal.Rptr.3d 231].)