Defendant Lucio Villegas lived with his wife and their two daughters (“Jane Doe Three” and another daughter) in a house in Napa Valley in 2018 and 2019. “Jane Does One” and “Two” lived with their parents in a garage on the same property. The families were close and Villegas was Jane Doe One’s godfather. Villegas had many opportunities to be alone with each of the victims. As for Jane Doe One, she complained that when she was 11 years old, Villegas would use his hand to touch her breasts and vagina over her clothes, done in a rubbing motion. On one occasion, Villegas put his hand under her shirt, on top of her bra, and moved it around. When this case eventually came to trial, she testified that she wanted Villegas to stop, but she did not tell anyone because she was scared. Jane Doe One’s mother, “L.R.,” observed Villegas touching Jane Doe One’s outer clothing on one occasion in May of 2018, and threatened to call the police. Villegas, however, threatened in return to call immigration on her, which (apparently being in the country illegally) frightened her. A year later, in May 2019, L.R. became suspicious that the molestations were continuing because each day, upon coming home from work, Villegas wanted the girls to come out and play. So she asked both her daughters, Jane Does One and Two. Both said that Villegas had been touching them inappropriately for some time. All of this was then reported to the police.  

Jane Doe Two was subsequently interviewed by city of Napa Detective Dustin Dodd, an experienced forensic interviewer of alleged victims of child molestations. Although unable to remember any of this by the time of trial, as she was 10 years old at the time, Jane Doe Two told Detective Dodd that between the previous Christmas and her birthday, Villegas “tickled her and dragged his hand across her chest over her clothes.” She also told Detective Dodd that on another occasion, when she was playing outside by herself, Villegas had “tickled” her and then touched her vaginal area over her clothes.  

With this information, Detective Dodd interviewed Villegas at the police station shortly thereafter, on May 22, 2019. Villegas waived his Miranda rights and agreed to talk with the detective. During this interview, Villegas admitted that on one occasion he had hugged Jane Doe One and that in the process, her “boobie did get grabbed.” Villegas also admitted to “squeez[ing] a little boob” two times, acknowledging that he had made a mistake. After Villegas was charged with molesting Jane Does One and Two, it came to light that defendant’s own daughter (Jane Doe Three) had been subjected to numerous sexual assaults by Villegas beginning when she was 14 years old, 11 years before the trial. This was discovered on May 23, 2019, after Jane Doe Three (then 23) told her fiancé, who reported it to the police.  

In the subsequent trial, Jane Doe Three testified to numerous incidents of molestation, rape, forced oral copulation and rape by a foreign object (his finger), all occurring over an extended time. As a result of this abuse, Jane Doe Three testified to feeling depressed, experiencing PTSD, couldn’t “really think because [she was] constantly scared that [she] might get hurt” and that she tried to take her own life “a few” times.  

Before trial, however, as a result of this new information from Jane Doe Three, Detective Dodd interviewed Villegas a second time. This interview took place two days after Jane Does One and Two were interviewed. Villegas was readvised of his Miranda rights. Again waiving his rights, Villegas agreed to talk to the detective. When told of his daughter’s (Jane Doe Three’s) accusations, Villegas initially said that he did not remember what had happened between him and his daughter. He then questioned whether the detective was lying to him about talking to her. When assured that Jane Doe Three had been interviewed, Villegas responded: “Well that was just one mistake, I won’t say anything else. It was a mistake and whatever she says, I won’t say more things anymore.”  

When the detective continued with the questioning, attempting to elicit from him what it was that he considered a mistake, Villegas repeated only that: “I will tell you that it was a mistake and that’s it,” and “That’s the only thing I’ll say.” After a few more questions, Villegas ended the conversation with this: “That...that you said – say – what she said, it happened. ...She’s telling the truth. She – that’s the truth.” The statements were all admitted into evidence without objection from Villegas’ attorney. He was convicted of all counts and ultimately, after a sentence reduction by the appellate court, sentenced to 170 years to life, plus a bunch of fines. Villegas appealed, arguing incompetency of counsel for failing to object to the admission of his incriminating statement.