Doe v. Richard Mitchell
Published: Feb. 17, 1996 | Result Date: Jan. 24, 1996 | Filing Date: Jan. 1, 1900 |Case number: EC015313 – $0
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
John J. Duffy
(Swanson, Martin and Bell LLP)
Defendant
Experts
Plaintiff
Michael James Maloney
(medical)
Defendant
Noel Lustig
(medical)
Facts
The plaintiff, a 15-year-old minor female (at the time of trial), visited her father, Evaristo Carreon, in Los Angeles for a 30-day period between July 7, 1993, and August 7, 1993. The plaintiff alleged that during that time period, her father took her to the residence of his friend of nearly 10 years, the defendant, Richard Mitchell, to swim and play with dogs while the plaintiff's father kept prior appointments. The plaintiff alleged that on four or five occasions during that time period when she was alone with the 60-year-old defendant at his residence, she was sexually molested by him. The plaintiff alleged that the defendant fondled her breasts and vagina. The plaintiff also contended that the defendant videotaped her naked. The plaintiff first made the allegation of sexual molestation three and a half months after returning to Texarkana, Arkansas from her summer visit with her father in Los Angeles. The allegation first surfaced after the plaintiff had an argument with her mother, the custodial parent. The plaintiff's mother threatened to send the plaintiff to live with her father in Los Angeles on a permanent basis because the mother could no longer control the plaintiff. The defendant's residence was searched in December of 1993, and January of 1994, but no videotape of the plaintiff naked was found. The defendant vigorously denied any inappropriate touching of the plaintiff and denied ever videotaping the plaintiff while naked.
Settlement Discussions
The plaintiff made a $75,000 settlement demand. The defendant made no settlement offer.
Injuries
Emotional distress resulting in psychological counseling.
Other Information
The verdict was reached approximately one year and six months after the case was filed. A settlement conference was held on December 20, 1995 before Hon. S. James Otero of the Los Angeles Superior Court, Glendale where a trial date was set. The defendant was tried on criminal charges in October, 1994, for three counts of violation of the California Penal Code º288(a). The jury in the criminal matter was hung 8-4, 8-4 and 7-5 on the three counts to convict the defendant.
Deliberation
4+ hours (per defendant), 1 day (per plaintiff)
Poll
10-2
Length
10 days
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