California Courts of Appeal Reports
THE PEOPLE v. BRANDON, B186361 (Cal.App.2nd 12-15-2006) THE
PEOPLE, Plaintiff and Respondent, v. MARLON BRANDON,
Defendant and Appellant. B186361. Court of Appeal of
California, Second District, Division Five. December 15,
2006. CERTIFIED FOR PARTIAL PUBLICATION[fn*] Modified
December 20, 2006
[fn*] Pursuant to California Rules of Court, rules 976(b)
and 976.1, this opinion is certified for publication with
the exception of parts III (B)(6) and III (E).
Appeal from a judgment of the Superior Court of Los Angeles
County, No. BA245281, Bob S. Bowers, Jr., Judge.
Vanessa Place, under appointment by the Court of Appeal,
for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief
Assistant Attorney General, Pamela C. Hamanaka, Assistant
Attorney General, Ana R. Duarte, and Thomas C. Hsieh,
Deputy Attorneys General, for Plaintiff and Respondent.
TURNER, P. J.
I. INTRODUCTION
Defendant, Marlon Brandon, appeals from his convictions
for: three counts of pimping (Pen. Code,[fn1] §
266h, subd. (a)); four counts of pandering by procuring
(§ 266i, subd. (a)(1)); attempted pandering by
procuring (§§ 266i, subd. (a)(1), 664); three
counts of false imprisonment by violence (§ 236);
forcible rape (§ 261, subd. (a)(2)); aggravated
sexual assault of a child (§§ 261, subd.
(a)(2), 269, (a)(1)); forcible lewd act upon a child (
§ 288, subd. (b)(1)); lewd act upon a child
(§ 288, subd. (a)); aggravated sexual assault of a
child, oral copulation (§§ 269, subd. (a)(4);
288a); forcible oral copulation (§ 288, subd.
(c)(2)); and two counts of procuring a child to engage in a
lewd act. (§ 266j.) The jury further found defendant
personally used a dangerous and deadly weapon in the false
imprisonment by violence offense against Mamie D. Defendant
argues: Mamie, a victim, was improperly permitted to
testify with her face partially covered; opinion testimony
concerning pimping strategies was erroneously presented to
the jury; he was denied effective assistance of counsel;
there was insufficient evidence to support his false
imprisonment conviction; and various sentences must be
stayed pursuant to section 654, subdivision (a). We agree
that the felony false imprisonment sentence resulting from
an attempt to pander Kaleena R. (counts 5 and 22
respectively) must be stayed pursuant to section 654,
subdivision (a).
II. FACTUAL BACKGROUND
A. Kaleena (Counts 5 And 22)
We view the evidence in a light most favorable to the
judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319;
People v. Elliot (2005) 37 Cal.4th 453, 466; People v.
Osband (1996) 13 Cal.4th 622, 690; Taylor v. Stainer (9th
Cir. 1994) 31 F.3d 907, 908-909.) Kaleena worked as a
prostitute on Figueroa Street in Los Angeles. On November
14, 2002, Kaleena was attempting to avoid contact with
Officer Rene Minnick, who often arrested prostitutes. Also,
Kaleena was hoping to avoid pimps who might “hassle” her to
work for them. Kaleena took the side streets to a nearby
MacDonald’s restaurant.
A man who Kaleena had previously seen on Hollywood
Boulevard began following her in a black truck. Kaleena saw
defendant sitting on a porch in front of a nearby house.
Defendant quickly approached Kaleena and got close to her
face. Kaleena was aware of a “rule on the streets” that a
prostitute should not look a pimp, other than her own, in
the eye. To do so could result in that pimp taking the
prostitute’s money. Kaleena attempted to turn to walk away.
However, defendant placed his arms around her from behind,
trapping her between himself and the gate to his house.
Defendant asked Kaleena who was her pimp. Kaleena pointed to
the name tattooed on her calf. Defendant identified himself
at “Mac-Bone” or “Bob.” Kaleena saw the man in the truck
again. Kaleena told defendant, “`That’s the guy right there
that was harassing me.'” Defendant said, “`That’s my
cousin; he’s not going to bother you while you standing
here talking to me.'” Defendant’s mother came outside and
said, “`I like her.'” Defendant said Kaleena resembled his
“Ho” named “Cherry.”
Defendant told Kaleena that he wanted her to be on his
“starting lineup.” Kaleena understood this to mean that she
would be one of the first set of prostitutes who control
the rest of the women who work for him. Defendant said he
had prostitutes in Florida and several places from which
she could choose to work. Defendant told Kaleena she could
get into either a green Cadillac or the black Cadillac
Escalade parked nearby. Defendant told Kaleena that either
way she was going to get into one Cadillac or another.
Defendant told her, “We could do this the easy way by you
going into the car; or, we could do this the hard way.”
Kaleena understood that to mean that defendant was going to
take her against her will. Kaleena did not want to get into
either car. Kaleena, who did not feel free to leave, was
afraid because she had heard stories from other
prostitutes. Kaleena saw Officer Minnick pull up in a
police car. Kaleena stared at Officer Minnick. Kaleena
stared in an attempt to communicate that she needed help.
Defendant’s mother wrote down a number on a piece of paper
and gave it to Kaleena. Defendant told her it was his phone
number and she should use it. Kaleena understood it to mean
that she should call him when she was ready to “Ho” for him.
A prostitute is not allowed to work for more than one pimp
at a time. The pimp she worked for had placed the tattoo on
her leg.
Officer Minnick saw defendant confining Kaleena. Defendant
had his arms around Kaleena. Defendant’s hands were
clutching the chain link fence. Officer Minnick also saw a
black Cadillac Escalade truck illegally parked at the
sidewalk over the crosswalk with the passenger door open.
Officer Minnick made eye contact with Kaleena. Thereupon,
Kaleena stared at Officer Minnick and then looked away. In
the meantime, someone moved the black truck and parked it
on the other side of the street. A black female got out of
the truck and walked over to where Kaleena and defendant
were standing. Defendant later let go of the fence. Kaleena
immediately walked over to Officer Minnick’s police car.
Kaleena asked Officer Minnick to fake an arrest. As Kaleena
spoke to Officer Minnick, defendant’s mother approached
from behind with a dog. Officer Minnick asked other
officers who had arrived to detain Kaleena. Kaleena
explained she did not want it to look like she was
“telling.” This is because if a prostitute “tells” on a
pimp, she can be beaten or killed. Kaleena asked to be
taken to the police station because she was afraid to talk
to Officer Minnick in the presence of others. All of the
foregoing interactions between defendant and Kaleena
occurred on a single occasion.
Two officers questioned Kaleena at the police station.
Kaleena told them what had occurred and gave them the paper
with the phone number. Kaleena was afraid when defendant
told her she could do it the easy or the hard way because
he could react violently if she made him angry. Kaleena
believed defendant might put her in the car against her
will. Kaleena understood “`The Game'” to mean: “[Y]ou’re
set with a pimp and you can’t get out of line with any
other pimp. That means no eye contact, no conversation,
nothing. You have to — you have to stay truthful to
your pimp. You can’t get out of line with no other pimp.”
Kaleena knew that if a prostitute gets “out of line,” she
may be beaten by her pimp. According to Kaleena, “word
get[s]” around on the street if a prostitute speaks to
another pimp.
B. Elisha G. (Counts 11, 12, 13, 14, 15, 16, And 21)
Elisha was born in October 1987. Elisha had lied about her
age to police while working as a prostitute. Elisha used
the name Monica E. when she talked to the police. Elisha
acknowledged she told Detective Keith Haight that in
November 1998, when she was 11 years old, she met defendant
at a Greyhound bus station in San Bernardino. When she was
subpoenaed to testify against defendant, Elisha fought with
jail personnel and lay down on the floor to avoid having to
testify against defendant. Elisha did not recall previously
stating that defendant: took her to Los Angeles; asked her
out on a date; told her she was pretty and attractive; met
her at an auto body shop near her house; showed her
pictures of girls dressed in short-shorts and stilettos;
asked her if she would like to look like the girls in the
photos; told her if she stayed with him she could look like
the girls in the photos; told her that her parents did not
care about her and she should go with him; and told her he
would buy her clothes. In court, Elisha testified, “I went
with him on my own free will; he didn’t force me to do
anything.”
Further, Elisha did not remember stating that: defendant
took her to a motel room, where he told her that he was a
pimp and the girls in the photos were his whores; while in
the motel room defendant asked her if she would “whore” for
him; and defendant allowed her to call her parents from his
cell phone and, when they did not answer, he said, “`See,
if they were worried they would have answered the
phone[.]'” Elisha did not remember ever stating: she
finally agreed to be defendant’s prostitute; defendant told
her never take less than $50 for “head”; defendant
explained that “head” meant oral copulation or sex;
defendant told her the customer should touch her first on
her breasts or crotch; defendant also said she should
fondle the penis of a customer to determine if he is a
police officer; defendant said if she was going to a hotel
room with a customer, she should call him first; defendant
said that she should bring the money back to him
immediately after having sex; and defendant promised to
take care of her and reward her with pretty clothes if she
did all of these things.
Detective Haight interviewed Elisha at the Los Angeles
County Juvenile Hall in October and November 2003. Elisha
told Detective Haight that defendant, whom she knew as
“Mac-Bone,” was her pimp. Elisha said she met defendant at
a bus station in San Bernardino in November 1998 when she
was 11 years old. Defendant approached Elisha. Defendant
told Elisha she was pretty. Defendant repeatedly asked
Elisha for her phone number until she gave it to him.
Defendant asked Elisha how old she was. Elisha told
defendant that she was 11 years old. Defendant said he would
call her and they would go on a date. Defendant told Elisha
they could not meet at her house. Defendant later called
Elisha and met her at an auto body shop near her home.
Defendant showed her photos of provocatively dressed girls.
Defendant told Elisha that if she wanted to look like the
girls in the photos, he could buy her things and take her
places. Defendant told Elisha that she could stay with him.
Defendant told Elisha that her parents did not care for her
but he would take care of her.
Elisha told Detective Haight she went to Los Angeles with
defendant that night. Defendant took Elisha to a motel.
Defendant showed Elisha photos of women who he identified
as whores who worked for him. Defendant told Elisha he was
a pimp and wanted her to whore for him. Defendant told
Elisha that she would have sex with men and get money for
it. Defendant again told Elisha that her parents did not
care for her. Defendant allowed Elisha to call her parents
on his cell phone. When they did not answer the telephone,
defendant told Elisha if they had been looking for her they
would have answered the phone.
When Elisha finally agreed to work as a prostitute for him,
defendant laid out the “rules”: she should always grab a
man in the groin area to make sure he was not a police
officer; she should charge at least $50 for “head” or sex;
she was to call defendant before going to a hotel room; and
she was to bring the money to defendant immediately after
she was paid for sex. Defendant told Elisha that he would
buy her pretty clothes and take her to nice places if she
followed his directions. Defendant took Elisha shopping and
had her hair and nails done. Defendant then took her to a
place where two men entered. Defendant told Elisha to do
what the men told her to do. One of the men removed his
erect penis and said to her, “`Just do it, suck my dick.'”
Elisha became afraid and ran out of the room and down the
street. Elisha had never done this before and was afraid.
Defendant found Elisha and brought her back to the motel
room. Defendant asked Elisha if she ever had any type of
sex. Elisha said she had not. Defendant showed Elisha how
to put a condom on his erect penis. Defendant then, in a
loud voice, ordered Elisha to orally copulate him.
Defendant demanded she do so more than once. Elisha was
afraid and complied. Defendant then had Elisha lay on her
back. Defendant inserted his erect penis into Elisha’s
vagina. Elisha told defendant in a loud voice to stop
because she was in pain. However, defendant continued to
have intercourse with Elisha.
The following day, defendant took Elisha to a house party.
Elisha met another prostitute identified only as Cinnamon
who worked for defendant. Elisha also met other
prostitutes. Cinnamon took Elisha into the backyard. While
in the backyard, Cinnamon had sex with a man. Elisha saw
them having sex and the man gave Cinnamon money. Thereafter,
Elisha had sex with a different man and was paid by him.
Elisha told Detective Haight that she felt bad about the
experience, but felt better after the man gave her the
money. Cinnamon told Elisha to give the money to defendant.
Elisha said she did not want to give the money to
defendant. Defendant hit Elisha with his fist, slapped her,
and choked her. Defendant took the money from under
Elisha’s bra. Defendant told Elisha: “Bitch, it’s my money.
All of your money is my money.” Defendant told Elisha if
she acted like that she would end up going to jail.
Thereafter, defendant and Elisha returned to the motel,
where they spent the night. The following morning defendant
apologized to Elisha and took her to Disneyland.
Thereafter, defendant introduced Elisha to street
prostitution. Defendant told Elisha she should: not get
into a car with Black men or girls; try to be sure the
individuals were not police; screen the customers; and get
the money first. Elisha then committed acts of prostitution
and returned the money to defendant. Elisha made up to
$1,500 a day, 7 days a week. Elisha said she worked as a
prostitute in Arizona, Washington D.C., New York, Florida,
and Nevada. Defendant took Elisha to purchase false
identification so that she could fly with other prostitutes
to these locations. Detective Haight interviewed Elisha
regarding his investigation of defendant at the juvenile
hall on October 13, 2003, following her arrest. Elisha told
Detective Haight that defendant had been arrested.
Defendant’s mother told Elisha to go out to work and make
money and return it to her for defendant. Detective Haight
promised to testify for Elisha in her delinquency proceeding
if she would cooperate in this case.
C. Mamie (Counts 3, 4, 9, 10, 18, And 19)
Mamie met defendant at a shopping mall in May 2001, just
after her seventeenth birthday. Defendant approached Mamie
and told her she was attractive and he admired her body
type. Defendant told her he had something she could do.
Defendant took Mamie to various restaurants over the next
few weeks. On one occasion, defendant took Mamie to a
restaurant in Hollywood. Defendant pointed out a scantily
clad young woman who was walking past the restaurant.
Defendant asked Mamie if she thought she could go out
there. Mamie asked defendant what he meant. Defendant told
her she knew what he meant and asked if she could turn a
trick. Mamie explained that she did not know what that
meant. Defendant told Mamie, “You’re going to sell your
pussy.” Mamie told defendant that she was afraid because
she had never done that before. Defendant said, “It’s easy.
Look at them, they doing it.”
Defendant told Mamie do not: look at a pimp; get caught up
with pimps; and let pimps know “that you a loose bitch.”
Defendant instructed Mamie to approach a “trick” and say:
“Hey, baby, how you doing. Want a date?” Defendant
demonstrated how Mamie should proceed. Defendant told Mamie
to be certain the individual was not a police officer.
Defendant said not to take anything lower than $50 and
nothing over $80 for “head.” Defendant said Mamie should
get $80 to $100 for sex. Defendant dropped Mamie off on
Sunset Boulevard to “turn a trick.” Mamie “interviewed” a
man who approached her. Mamie touched his penis as defendant
had directed her to determine if he was a police officer.
Thereafter, Mamie went to a room with the man and had sex.
Mamie called defendant as she had been instructed.
Defendant took all of the $90 to $100 the man had given
Mamie
Mamie went to get into a car. Defendant said, “Where you
going little mama?” When Mamie said she was ready to go
home, defendant told her, “This ain’t no money.” Defendant
asked her to go back out. When Mamie said she was scared,
defendant said, “Go do one more, bitch.” Mamie was very
frightened that something might happen to her or she would
be kidnapped. Mamie continued to work for defendant. Mamie
lived in different motels and returned to her house
occasionally. Mamie also worked in Phoenix for defendant.
Mamie engaged in sexual conduct for money and gave all of
the money she earned to defendant.
Shortly after Mamie met defendant, he forced her to have
sex a couple of times. Mamie testified that on one
occasion, defendant told her he wanted to “fuck” her. When
Mamie complained that she did not want to because she was
tired, defendant told her, “It’s not what you want, it’s
what I want.” Defendant told Mamie: “Lay down. [] Get some
of this dick.” When Mamie said she did not want to do
anything, defendant told her to lie down and shut up. When
Mamie laid down, defendant told her to open her legs.
Defendant began to put his penis inside her. Mamie told
defendant to stop. Defendant slapped Mamie and pulled her
head up and down by grasping her braids.Defendant continued
to have sexual intercourse with Mamie, thrusting hard, and
hurting her. Mamie continued to tell him to stop. Defendant
told her, “Shut the fuck up.” After defendant climaxed, he
left his penis inside Mamie. Later that day, defendant
ordered Mamie to orally copulate him. Mamie complied
because she was afraid he would hit her again.
After that day, defendant forced Mamie to have sex with him
on more occasions than she could remember. Once during
2001, when Mamie refused to orally copulate defendant, he
put a knife to her neck. Defendant told Mamie that she
better do what he told her to do. Mamie told him,
“[P]lease, please.” Defendant looked at Mamie like he was
“crazy.” Because in her words, defendant looked like “[h]is
last straw or something,” Mamie then orally copulated him.
Defendant said: “Yeah. [] You picked the right option,
bitch.” Defendant continued to hold the knife against her
neck. Defendant then wanted have anal sex with Mamie. Mamie
said no because she had never done that before. Defendant
repeatedly told Mamie, “I ain’t trying to hear that shit.”
Defendant continued to hold the knife. Mamie told defendant
it was going to hurt because she never did it before.
Defendant began to swing the knife toward her stating,
“What you going to do now?” Mamie continued to beg him,
“Please, please.” Defendant asked Mamie, “You want me to cut
you?” When defendant said, “I ain’t going to ask you no
more,” Mamie bent over for him. Defendant penetrated
Mamie’s anus with his penis which hurt her.
Mamie tried to stop working for defendant. However,
defendant threatened to hurt Mamie or her family. Whenever
Mamie went home, defendant called her on the phone and told
her to come outside and get into the car. Defendant was
waiting a few doors down from her house. Mamie feared he
might kill her family members. When Mamie told defendant
that she was tired and did not want to work, he hit her.
Defendant hit Mamie with a hotel phone and the handle of a
knife. On another occasion, defendant pulled out a gun and
said: “You see this right here? [] You won’t make me use
this.” Mamie saw defendant threaten another prostitute with
the gun in the same way. Defendant’s mother sometimes drove
her black truck to pick up his prostitutes or their money.
Defendant would call Mamie and tell her that his mother was
coming to pick up the money. During the time that Mamie
worked as a prostitute for defendant, she attempted to save
money by hiding it from him. Mamie feared she would be
beaten by defendant if she saved money. Mamie hid some money
in her vagina. At some point, defendant wanted to have sex,
but Mamie said, “No.” Defendant found the money when he put
his hand in Mamie’s vagina.
Defendant told Mamie not to tell anyone including the
police about him. Defendant said Mamie should say she did
not have a pimp and not mention his name. Defendant said if
she told the police about her pimp or his name she would be
stabbed 10 times in the chest with a knife. Defendant also
threatened Mamie that she would “get a black eye on the
game” if she revealed his identity to the authorities. Mamie
understood that to mean that something would happen to her
or she would be killed. A few weeks before trial, Mamie was
told by a man who got out of a car near her house that she
would be killed if she testified against defendant. One of
defendant’s male relatives threatened to kill her if she
testified.
Mamie continued to work as a prostitute after she testified
against defendant in 2003. She was arrested a few times
thereafter. Mamie did not work for a pimp. At the time of
trial, Mamie had a legitimate job, received a paycheck, and
did not work as a prostitute any longer. Mamie sometimes
used the name Nicole J. Defendant gave Mamie that name and
another birth date to give to police when arrested.
Detectives Gabriel Munoz and Gary Guevara interviewed Mamie
regarding this case on October 8, 2003. Mamie was “scared
nervous” and uncertain about the dates various incidents
occurred. Mamie told the detectives she first met defendant
shortly before her seventeenth birthday. Mamie believed the
incident with the knife occurred around the Fourth of July
holiday.
At approximately 6:40 a.m. on April 9, 2002, Officer Edan
D’Angelo was working in an undercover capacity. Mamie made
eye contact with Officer D’Angelo as she walked past his
car. Officer D’Angelo made a U-turn and pulled alongside
Mamie. Mamie got into Officer D’Angelo’s car and
propositioned him.
D. Aurelia H. (Count 6)
Portions of the preliminary hearing testimony of Aurelia
H., who was unavailable at trial, were read to the jury.
Aurelia’s birthday was born in May 1986. On August 13,
2003, when she was 17 years old, defendant approached
Aurelia at a bus stop. Defendant called Aurelia, who told
defendant her name was “Ree Ree,” over to his car. Defendant
offered to give Aurelia a ride. However, she declined.
Defendant asked where Aurelia was going on the bus. Aurelia
told defendant she was going to her boyfriend’s house in
Inglewood. After talking for 10 minutes, Aurelia agreed to
take a ride. Defendant did not take Aurelia to her
boyfriend’s home. Defendant drove Aurelia to a man’s house
in Inglewood. Defendant called the man on his cell phone.
Thereafter, the man came outside. Defendant spoke to the
man for a while. Defendant drove away to look for someone
to purchase marijuana. Defendant drove to an unidentified
woman’s house for about 15 minutes. Aurelia believed she
would be driven to her boyfriend’s house by defendant.
Defendant asked if he could “keep [her] a little while
longer” and Aurelia answered, “Yeah.” Defendant then drove
back to the area in Los Angeles where they originally
started out. Defendant drove to a bail bond office and then
took Aurelia to a room at the Motel 6 in Hollywood. While
there, defendant received a call on his cell phone.
Defendant said he had to go pick up his friend. Aurelia
wanted to leave, but was afraid to leave or tell defendant
she wanted to go.
Aurelia was driven by defendant in a light green Cadillac
to Van Nuys. Defendant spoke to a woman identified only as
“Special” on his walkie-talkie cell phone. Defendant told
Special to walk from the police station to a car dealership
down the street, where they were waiting. Defendant went to
look at a truck on the car dealership lot. Defendant asked
Special if Ree Ree (the false name used by Aurelia) was
going buy the truck for him.
Defendant drove back to the Motel 6 with Aurelia and
Special. Aurelia did not want to go to the hotel. She did
not say anything because she was afraid. Defendant told
Special that he had not told Aurelia what he actually was.
But defendant said he thought Aurelia had an idea what he
did for a living. Defendant then told Aurelia that he was a
pimp and that Special was his “Ho.” Aurelia knew that meant
Special worked for him as a prostitute. Defendant then told
Aurelia that she was a bitch. Defendant asked if she knew
the difference between a bitch and a Ho. When Aurelia said,
“No,” defendant said, “A Ho gets paid for fucking, and a
bitch fucks for free.” Special took a shower while Aurelia
sat on the end of the bed watching television. Defendant
was lying at the head of the bed. Although there was a
phone in the room, Aurelia did not know if she needed a
phone card to make a call. Because she was afraid, Aurelia
wanted to call home. She was afraid to leave because she did
not know where she was or how to get home. Defendant left
Aurelia in the room with Special.
Thereafter, defendant telephoned and told Special to come
downstairs with Aurelia. The three got back into the car
and returned to the area of 69th Street where defendant had
picked up Aurelia. They sat in the car without speaking.
After Special received a call from another prostitute,
Mercedes, they drove to the Hawthorne area. Mercedes said
that she had “got into it with her daddy,” which referred to
her pimp. Special had also called defendant “her daddy.”
Mercedes was afraid to get into the car when they arrived
because her pimp was in the area. Mercedes continued to
speak to Special on the phone. Defendant got out of the car
to “interview” Mercedes, leaving Aurelia with Special.
Aurelia did not try to leave because it was dark outside and
she did not know how to get home. Aurelia did not call her
mother or boyfriend.
When defendant got back into the car, they drove back to
69th Street. Special was dressed in “really short” shorts,
a tank top, and stiletto shoes. Special said she wanted to
work on Century Boulevard. Defendant drove Special to
Century Boulevard, where she got out of the car. Defendant
then parked on a back street. Shortly thereafter, Special
called defendant to say she had been stopped by the police.
Defendant explained that: a “Ho” is supposed to “stay in
pocket”; she is never supposed to talk to another pimp; nor
is she to even look at another pimp. According to
defendant, a pimp is supposed to do everything for his
prostitute.
Aurelia slept in the car with defendant and Special that
night. The following morning defendant asked Aurelia if she
would go on a date. Aurelia understood that to mean: “to go
out and find a trick”; a “trick” was a person who picks up
a prostitute; and they engage in sex for money. Aurelia
told defendant: “`No. I’m scared.'” Defendant said he
wanted to find a better place for Aurelia. Defendant drove
to Imperial Highway. Defendant explained to Aurelia that
she should ask the “trick” if they were police. If they
said “No,” she was to either have them touch her breasts or
she should touch them. Defendant gave Aurelia some condoms
and told her to always stay protected. Defendant told her
to charge $50 for “head” and $100 for sex. Aurelia
understood “head” to mean that she would orally copulate
the man. She also understood that sex meant sexual
intercourse. Defendant showed Aurelia where the hotel was
located. Defendant also told her that she might have to do
“a car date” or have sex in the car. Defendant told Aurelia
never let anyone approach her on a main street and not to
go on a side street. (When Detective Haight interviewed
Aurelia on August 19, 2003, Aurelia told him she refused to
get out of the car at this point. Aurelia did not know if
she told Detective Haight that she had repeatedly asked to
telephone her mother.)
At the preliminary hearing, Aurelia testified she got out
of defendant’s car. However, the “date” she had did not ask
her to do anything. They merely talked for 10 minutes while
standing on the street next to defendant’s car. The man
gave Aurelia $20, which she in turn gave to defendant.
Aurelia got back into defendant’s car. Defendant drove back
to 69th Street and Figueroa. Special had been “working” on
Imperial Highway. When Special returned, she gave money to
defendant. Thereafter, Aurelia did not leave the car,
telephone her mother, or go to her boyfriend’s house.
Defendant drove Aurelia to Arizona. Aurelia did not want to
go to Arizona. While driving there, defendant told Special,
“`She better make some money when we get to Phoenix.'”
Defendant told Aurelia, “`I’m sick of you bitch not working
for me, not making me any money[.]'” That evening,
defendant stopped at the Flying J. truck stop in Parker,
Arizona, where they slept in the car. Early the next
morning, Aurelia got out of the car to use the bathroom.
Aurelia telephoned her boyfriend and later the police.
Aurelia told the police that she had been kidnapped. The
police told Aurelia to stay at the truck stop. However,
defendant and Special came looking for Aurelia and she got
back into the car. Defendant’s car was later stopped by the
police in Arizona.
E. Orlaith D. (Counts 7, 8, And 20)
Orlaith was born in March 1989. On January 11, 2003, when
Orlaith was 13 years old, she was in the Greyhound bus
station in Los Angeles. Defendant approached Orlaith and
said she looked like she was lost. Defendant asked Orlaith
if she needed help. Orlaith told defendant that she was
lost and had run away. Defendant asked Orlaith if she wanted
to go with him. Orlaith said, “If you don’t rape me, okay.”
Defendant told Orlaith, “I won’t rape you.” Orlaith left
with defendant in an older blue Cadillac. Defendant stopped
at his mother’s house, then drove to his house at 69th and
Figueroa Streets. Defendant asked Orlaith her age. Orlaith
told defendant that she was 16 years old. Orlaith told
defendant where she was from and that she had run away from
home. Defendant told her he was a pimp. One of defendant’s
“girls” had been at his home when they arrived. Orlaith
slept on defendant’s couch that night.
The following day, defendant took Orlaith for a drive.
Defendant gave Orlaith make-up. Defendant introduced
Orlaith to one of his prostitutes named “Coco.” Orlaith did
her make-up and hair and got dressed up before going out to
the “track,” which she later learned is where the
prostitutes walk up and down on the street. Orlaith had an
idea that she was going to act as a prostitute. Orlaith had
not done that before. Defendant, who she knew as
“Mac-Bone,” gave Orlaith some rules: always use a condom;
get the money first; and call him if she gets in any
trouble. Defendant gave her condoms. Because Orlaith had
never orally copulated anyone, Coco showed her how to have
oral sex. Orlaith put defendant’s erect penis into her
mouth while Coco gave her instructions on how to proceed.
Orlaith felt she had to go out and work for defendant
because: she had run away from home and felt it was a
“lose-lose” situation; she had nowhere to go and no money;
and defendant had been very nice to her.
When Orlaith went out on the “track,” defendant instructed
her not to look at Black men because they were pimps.
Defendant told Orlaith not to get into a car with “some
race like with dark hair and eyes” because they had injured
prostitutes in the past. Defendant also told Orlaith to
make the “trick” feel her “boob” or see his penis to be
certain he was not a police officer. Orlaith memorized the
phone numbers for defendant and a half-brother, Jamie, who
lived on the same property. Orlaith engaged in acts of
prostitution, charging $80 for oral sex and $100 for
intercourse, as defendant had directed her. The first time
Orlaith forgot to ask for the money before she had sex. The
man never gave her the money. When Orlaith told defendant,
he just told her to be careful next time. Thereafter,
Orlaith asked for the money first and gave it all to
defendant. Orlaith did not want the money because she felt
“empty inside” and “had no feelings really at the time.”
Orlaith was with defendant for four days. Orlaith was
arrested on the fourth day. Orlaith was placed in a foster
home because her parents were in Utah. Orlaith called
defendant because she did not want to stay in the foster
home. Defendant came to get her. When defendant learned
Orlaith’s true age, he had her call her parents. Orlaith
took a bus to Las Vegas to meet her parents. Orlaith ran
away again in August or September 2003. Orlaith stole her
parents’ car and returned to Los Angeles. Orlaith attempted
to contact defendant, but was unable to do so. She then
returned to engaging in acts of prostitution until she was
arrested.
F. Detective Haight’s Investigation
Detective Haight had extensive training and experience as a
vice officer. He had worked in that capacity since 1988.
Detective Haight had spoken to thousands of prostitutes and
hundreds of pimps. He was familiar with: the places where
prostitutes work; the involvement of organized crime in
prostitution; escort services; and street pimps. On August
15, 2003, Detective Haight interviewed Aurelia at her
residence in connection with this case. Aurelia’s mother
and a boyfriend were present at the time. Aurelia gave
Detective Haight two condoms and a lottery ticket on which
the telephone number 323-707-5180 was written. Detective
Haight then made arrangements to extradite defendant from
Arizona. Based upon the information given to him by Aurelia,
Detective Haight queried a computer database that lists
victims, witnesses, and suspects. As a result, he located
two additional victims. Detectives who were sent to
juvenile hall also located Orlaith and Elisha.
Detective Haight interviewed Kaleena on August 16, 2003.
Detective Haight sent two other officers to interview Mamie
the same day. On September 2, 2003, Detective Haight drove
to Parker, Arizona and picked up defendant. Defendant was
known to Detective Haight as Marlon Brandon and “Mac Bone.”
On September 19, 2003, Detective Haight interviewed Orlaith
at juvenile hall. On October 13, 2003, Detective Haight
interviewed Elisha at juvenile hall.
According to Detective Haight, Mamie appeared “terrified”
when she testified at the preliminary hearing in this case.
Mamie covered her face with her hair. Mamie was shaking,
breathing rapidly, and crying. Mamie’s voice was at an
elevated pitch and quivered. Aurelia also appeared very
nervous, fearful, and was in an agitated state at the
preliminary hearing. Aurelia was shaking and her voice was
elevated. Aurelia had become uncooperative. Elisha did not
appear at the preliminary hearing.
G. Opinion Testimony
Detective Haight testified it was not unusual for
prostitutes to be uncooperative because they are afraid of
their pimps. Prostitutes live in a world where their pimp
is their protector, disciplinarian, father, mother, and
family. Prostitutes have been told repeatedly not to trust
the police and often blame themselves for their
victimization.
Typically, according to Detective Haight, prostitutes are
indoctrinated into “the game.” They are repeatedly told what
their role involves as well as that of their pimps. They
only associate with their customers, “johns,” or “tricks,”
outside the game. The only support a prostitute receives is
from other prostitutes or their pimp. The pimp usually
finds out what the prostitute needs most and does his best
to fulfill that necessity. That is known as “the hook,”
because the pimp provides, love, friendship, clothes, and
most importantly “praise.” If the prostitute does anything
outside the rules, retribution or punishment can be
physical or psychological. Prostitutes routinely are not
allowed to look at another pimp. This is known as “the
choosing rules.” If the prostitute makes eye contact with
another pimp, that gives him the right to come up and talk
to her and get her to work for him. The “track” is a
location or area where street prostitution occurs.
Customers know to go there to find prostitutes. When a
prostitute works without her pimp present, she is called
“an automatic.” When a pimp is in custody, prostitutes
often bring money and place it on his jail or prison
account. A prostitute is required to give all of the money
she earns for having sex to her pimp. If a pimp finds out
that a prostitute holds money back for herself, she will be
disciplined. There is a high recidivism rate for
prostitutes even when they receive help and counseling to
get out of prostitution.
Dr. Lois Lee, founder and president of Children of the
Night, had a Ph.D. in social psychology and a law degree.
Children of the Night is a program designed to provide
intervention in the lives of children, aged 11 to 17, who
have been victimized by prostitution. Dr. Lee had done
extensive research on prostitution since 1973. She began
working with prostitutes at that time. Dr. Lee had offered
opinion testimony on pimping and prostitution in state and
federal courts on 10 to 12 occasions. Dr. Lee had met
thousands of prostitutes and over 100 pimps in that time.
Dr. Lee was aware of approximately 22 strategies that a
pimp might use to get young women involved in prostitution
and maintain them in an “apprenticeship program.” A pimp
will look to identify a young girl who is lonely,
alienated, who may have been sexually abused, and has no
strong ties to the community or family. In what is known as
“the deep quiz,” the pimp befriends the potential
prostitute and determines what she cares about. The pimp
then uses this information to keep her in the role of a
prostitute. The pimp looks for young women in places where
they should not be alone such as: bus benches late at night;
outside of school when they should be in the classroom;
arcades; concerts; and shopping malls. The pimps get the
most money for younger girls. It is not unusual for a girl
to become a prostitute at age 11 if she had been sexually
abused when she was an infant and toddler.
To get a young woman involved in prostitution, the pimp
might take her to dinner, buy her clothes, and sweet talk
her. The pimp might tell her that all that the world wants
from her is sex. The pimp demonstrates that people in the
street drive up around her and proposition her, while
setting himself apart as different from those that would
sexually abuse her. He uses sex as a reward when he has sex
with her himself. The pimp presents prostitution as a
temporary solution for a problem such as the need for
money. He might suggest he is building a business so that
they can get married and she can have his baby. A pimp
presents himself as a rescuer, who rescues the potential
prostitute from a life of abuse. A prostitute refers to her
pimp as her “daddy.” A pimp teaches each prostitute that
she is important to him for a different reason to insure
that the women will compete in terms of his expectations. A
pimp might pair up prostitutes according to their
differences to compete against one another. A pimp might
also have sex with his prostitute to humiliate her by:
having sex against her will; having others watch; or by
requiring her to have sex with more than one person. A pimp
might also use a “pimp stick,” which is often a coat hanger
that is heated and used to strike the back of the
prostitute’s legs. The pimp often follows violence with
lovemaking to confuse her and keep her off guard. The pimp
uses violence to exercise control to insure the prostitute
does not: leave; reveal his identity to the authorities; or
choose another pimp. At times, acts of violence are
committed against other prostitutes so a young woman may
witness the brutality and realize it could happen to her as
well.
According to Dr. Lee, prostitutes are usually afraid to
leave the pimp. There are very few places for them to go.
If a prostitute tries to save up money, it is considered to
be stealing from the pimp, and she could suffer severe
consequences. Other prostitutes that are competing for the
pimp’s attention might tell him if a prostitute keeps
money. Prostitutes are told not to discuss their pimp with
anyone, including: other girls; other pimps; and especially
the police. The prostitutes are told that the police will
treat them more leniently if they do not have a pimp. Women
who have worked as prostitutes for many years may feel
threatened by younger women who join the “family.” These
women might tell the police about the pimp as a way to
escape from his control.
Dr. Lee believed it would not be unusual for a pimp to pick
up a 16-year-old youngster at a bus stop and keep her for
two days. The pimp would employ strategies to introduce the
teenager to prostitution. The pimp might use alcohol or
marijuana as a strategy. If she were afraid to work as a
prostitute, it would not be unusual for the pimp to take
her out of state to increase her dependence upon him. It
would not be unusual for her to be afraid to testify
against the pimp because of his friends who were not in
custody who might seek retribution.
Based upon her training and experience, Dr. Lee believed it
would not be uncommon for a young woman who worked for a
pimp from age 11 to 17 to be on “automatic.” That would
involve less supervision from the pimp. This would be true
even if the pimp were in custody. The prostitute might
continue to earn money and give it to someone for the pimp.
The prostitute might believe that the pimp loves her or be
fearful that others on the outside would hurt her or
someone close to her on his behalf. Nor would it be
uncommon for such a young woman to deny that she worked for
the pimp. According to Dr. Lee, a pimp generally denies
assuming responsibility for the prostitute’s role. The pimp
convinces her that prostitution is something she decided to
do. As a result, the prostitute is led to believe she is
the “bad person.”
Dr. Lee testified a pimp might stage a situation where he
pays a man to act as a customer. The pimp might instruct
the prostitute to give the man a pill in his drink. After
she does so, the man pretends he is dead. The pimp has
friends remove the body and put it in the trunk of a car.
The pimp would then tell the prostitute that he had to pay
off the police. As a result, the prostitute is indebted to
him to pay him back for the alleged payoff to the police or
be turned in for murder.
Dr. Lee believed it was not uncommon for a prostitute to
recant her prior statement or testimony due to fear or the
belief that she might be arrested for something she may not
have even done. For the same reasons, a prostitute may lie
about the length of time she has been working as a
prostitute. A prostitute who may have worked for a pimp for
two years might testify that she hates the life. But Dr.
Lee testified the women might continue working as a
prostitute thereafter. Prostitutes often have nowhere to
go, no social skills, and possible drug or alcohol
dependency. It is also embarrassing for the prostitute to
testify about the sexual relations they have with the pimp
before a judgmental audience.
[…]