HomeMy WebLinkAboutOIS2020-0001 SAPD Crime Report CI 2020-01709_RedactedSanta Ana PD 2020-01709 Report by Nolan, Michael 3583 1 of 10
Case Type:
Santa Ana Police
Department
60 Civic Center Plaza --Santa Ana ,
CA, 92701
Crime Report
CHILD MOLESTATION
Case No.
2020-01709
PC 293 Release: Victim does not want na me
and address to be p ubl ic re cord.
Incident Activity Summary:
Offenses:
Offenses:
Offenses:
Incident Date/Time :
Location Occurred:
Grid: Dist.:
Factual Synopsis:
288(a) PC -LEWD OR LASCIVIOUS ACTS WITH CHILD UNDER 14 YEARS
647.6(a)(1) PC -ANNOY/MOLEST VICTIM UNDER 18 YEARS OF AGE
288(c)(1) PC -LEWD & LASCIVIOUS ACT WITH CHILD 14/15 BY DEFENDANT 10 YEARS OLDER
-NO PENETRATION OR FORCED ORAL COP, MISDEMEANOR
Occurred : 01/20/2020 15:26:50
Reported : 01/20/2020 15:26
60 Civic Center Plaza, Santa Ana , CA 92703
Station
This investigation involves the sexual assault of multiple victims perpetrated by the same suspect.
Stolen/Recovered: (Report-wide) $0.00 I $0.00
Video of Incident Available? NO
Person:
Involvement:
PC 293 Release:
Description:
DOB:
Address/Resides:
School:
Contact Info :
School Phone:
Scars, Marks, Tattoos, Oddities:
Rape Circumstances :
Forensic Exam Completed :
Person:
Involvement:
PC 293 Release :
Description:
DOB:
VICTIM
288(a) PC -LEWD OR LASCIVIOUS ACTS WITH CHILD UNDER 14 YEARS
Victim does NOT want name and address to become public record. Victim is
referred to in the narrative as: CV1
OTHER
No
VICTIM
647.6(a)(1) PC-ANNOY/MOLEST VICTIM UNDER 18 YEARS OF AGE
Victim does NOT want name and address to become public record. Victim is
referred to in the narrative as: CV3
San ta A na PD 2020-01709 Report by Nola n, Michael 3583 2 of 10
Identification:
Address/Resides:
Contact Info:
Scars , Marks , Tattoos, Oddities:
Person:
Involvement:
PC 293 Release:
Description:
DOB:
Address/Resides:
School:
Contact Info:
School Phone:
Scars, Marks , Tattoos , Oddities :
Person :
Involveme nt:
PC 293 Release:
Description:
DOB:
Identification:
Address/Resides :
Conta ct Info:
Sca rs, Marks, Tatto o s, Oddities:
Person:
Involvement:
PC 293 Release:
Descripti on:
DOB:
Address/Resi d e s:
Sc h ool :
School Ph o ne :
S ca rs, Ma rk s, Tattoos , Odditi es :
VICTIM
288(a) PC -LEWD OR LASCIVIOUS A CTS WITH CHILD UNDER 14 YEARS
Victim does NOT want name and address to become public record. Victim is
referred to in the narrative as: CV4
VICTIM
288(a) PC -LE WD OR LASCI VIOUS ACTS W ITH CHILD UNDER 14 YEARS
Victim does NO T want name and address to become public record. Victim is
referred to in the narrative as: CV5
VICTIM
288(c)(1) PC -LEWD & LASCI VIOUS ACT WITH CHILD 14/15 BY DEFENDA NT 10
YEARS OLD ER -N O PEN ETRA TION OR FORCED ORA L COP, MISDEMEA NOR
Victim does NOT want name and a ddress to become public record. Victim is
referred to in the narrative as: CV2
Santa Ana PD 2020-01709 Report by Nolan, Michael 3583 3 of 10
Person:
Involvement:
Description:
DOB :
Identification:
Address/Resides:
Address/ Associated :
Employer:
Contact Info:
Employer Phone:
Scars, Marks, Tattoos, Oddities:
Person:
Involvement:
Description:
DOB:
Identification :
Address /Resides:
Address / Associated :
Contact Info :
Scars, Marks, Tattoos , Oddities:
Person :
Involvement:
Description :
DOB:
Identification :
Address/Resides :
Address/ Associated :
Contact Info:
Scars, Marks , Tattoos, Oddities:
Person:
Involvement:
Des c ription:
DOB:
Id entifi cati o n:
Address/Resides:
Contact Info:
Scars, Marks, T attoos, Oddities:
REPORTING PARTY
MENTIONED
MENTIONED
MIGUEL A MERCADO
SUSPECT
288(a) PC -LEWD OR LASCIVIOUS ACTS WITH CHILD UNDER 14 YEARS
288(c)(1) PC -LEWD & LASCIVIOUS ACT WITH CHILD 14/15 BY DEFENDANT 10
YEARS OLDER -NO PENETRATION OR FORCED ORAL COP, MISDEMEANOR
647.6(a)(1) PC -ANNOY/MOLEST VICTIM UNDER 18 YEARS OF AGE
Male , H ispa nic, 5'11" t all , 150 lbs, medium buil d ba ld / ba lding bald hair, mustache
11/9/1988
Driver License: (CA)
Santa Ana PD 2020-01709 Report by Nolan, Michael 3583 4 of 10
SAPD Personnel: Nolan, Michael 3583
Involvement: Reporting
SAPD Personnel: Espadas, Joshua 3507
Involvement: Assisting
SAPD Personnel: Roelofs, Gavin 3514
Involvement: Assisting
SAPD Personnel: Lima, David 2373
Involvement: Supervisor
SAPD Personnel: Rodriguez,Leonel2408
Involvement: Report Approver
Item 1) Involvement (Evidence)
Qty. 1: Document, PHOTOGRAPH OF MIGUEL MERCADO (TAKEN 12-25-2018) PROVIDED BY
Item 2)
Item 3)
Related To: MIGUEL A MERCADO, SUSPECT
Involvement (Evidence)
Qty. 1: Document, OMV PHOTOGRAPH OF MIGUEL MERCADO,
Related To: MIGUEL A MERCADO, SUSPECT
Involvement (Evidence)
Qty. 1: COMPUTER HARDWARE/ SOFTWARE, COMPACT DISC CONTAINING RECORDED PRETEXT
TELEPHONE CALL W/MIGUEL MERCADO,
Related To: MIGUEL A MERCADO, SUSPECT
Narrative: Narrative
ASSIGNMENT:
On Monday, 01-20-2020, at approximately 1614 hours, I (Officer Nolan) was dispatched to the Santa Ana
Police Department (SAPD), located at 60 Civic Center Plaza , in the City of Santa Ana, County of Orange, in
reference to a 288 PC -Sexual Assault.
INVESTIGATION:
It should be noted this investigation involves the allegations of multiple sex offenses as defined by sections
288 (a), 288(c)(1) and 647.6 (a) (1) of the California Penal Coded (CPC). Pursuant to California Penal Code
section 293(a), the names of the victims will be withheld from the narrative of this investigation. The victims
in this investigation will be referred to as, Confidential Victim (CV). Victims 1-5 will be referred to as, CV1-
CV5.
The reporting party was identified, via her valid California Driver's License as,
responded to the SAPD with her (13) year old juvenile daughter (CV1 ), (15) year old
juvenile niece (CV2), and (23) year old adult niece (CV3). She related that her ex-husband's nephew,
Miguel Mercado had sexually assaulted CV1-CV3. also related that her (17) year old juvenile
daughter (CV4) and (21) year old adult daughter (CV5) have been sexually assaulted by Miguel.
related that CV4 refused to respond to the SAPD with her to provide a statement. She further advised that
CV5 would be willing to provide a statement over the telephone; however, she was unwilling to respond to
the SAPD with her at the time of this report.
Upon obtaining a brief summary from I escorted her to a private non-custodial intervi ew room within
the lobby of the SAPD, where she was interviewed. was not accompanied during the interview . The
following is a summary of my interview with related that CV1 was victim of a sexual assault
Santa Ana PD 2020-01709 Report by Nolan, Michael 3583 5 of 10
unrelated to this investigation and not perpetrated Miguel. She related that as a result of the sexual assault,
CV1 has been speaking with a therapist. related that during a recent visit to the therapist on or about
Friday, 01-03-2020, CV1 disclosed that she was sexually assaulted by her cousin , Miguel Mercado. At the
time, CV1 disclosed that the sexual assault consisted of Miguel touching her under her clothing.
related that at the time of the initial disclosure, CV1 was not asked to relay specific details associated with
the sexual assault.
related that prior to learning that CV1 was the victim of a sexual assault perpetrated by Miguel, she
spoke with CV2 and CV3 on or about Friday, 12-20-2019 and learned that they were both the victims of a
sexual assault perpetrated by Miguel. She further advised that on or about Monday, 12-23-2019, she spoke
with CV4 and CV5 and learned that they were both also victims of a sexual assault perpetrated by Miguel.
According to the aforementioned sexual assault consisted of "touching". When asked why she
delayed the reporting of the allegations beyond the initial date of discovery, related that she was
waiting to gather the involved parties and bring them to the SAPD. She further advised that CV2 and CV3's
parents are unaware of the disclosures made by their children. expressed concern that their parents
would not be supportive of CV2 and CV3 upon learning that they were the victims of a sexual assault
perpetrated by their cousin, Miguel.
It should be noted that while speaking with I learned that she has been divorced from CV1, CV4, and
CV5's father, for approximately (10) years. related that and
several members on his side of the family have severed their relationship with her due to the unrelated
sexual assault, in which father was the suspect and and children were the victims.
has not spoken with Miguel in over (1) year.
While speaking with I inquired about CV1 's demeanor. related that CV1 is currently in (8th)
grade and has not been withheld from advancing any grades. She related that CV1 does not suffer from any
learning disabilities and/or social defects. related that CV1 suffers from anxiety disorder associated
with the previous and unrelated sexual assault. CV1 currently takes medication to treat her anxiety;
however, was unsure of the name of the medication prescribed to CV1 to treat her anxiety.
related that CV1 has not displayed an issues associated with her honesty and/or integrity; however, CV1
has a history of self-mutilation. According to the self-mutilation was linked to CV1 's previous and
unrelated sexual assault and has since subsided.
I then asked about CV4's demeanor. CV4 was not present and did not respond to the SAPD with
at the time. related that CV4 is currently in (12th) grade and has not been withheld from
advancing any grades. She related that CV4 does not suffer from any learning disabilities and/or social
defects. CV4 does not take any medication. related that CV4 has not displayed an issues associated
with her honesty and/or integrity.
I then asked about CV5's demeanor. CV5 was not present and did not respond to the SAPD with
at the time. related that CV5 was withheld from advancing to the (3rd) grade due to insufficient
reading levels. CV5 does not take any medication. related that CV5 has not displayed an issues
associated with her honesty and/or integrity .
CV3 and CV2 do not live in the home with and were not raised by As a result, was not
asked any qu es tions associated with CV3 and CV2's demeanor, learning disabilities, and/or social defects.
Upon the conclusion of my interview with Moya, I escorted CV2 to a private non-custodial interview room
within the lobby of the SAPD, where she was interviewed . CV2 was not accompanied during the interview.
The following is a summary of my interview with CV2.
CV2 re lated that she is a (9th) grade student. At the time of this interview she was (15) years of age. She
has not been withheld from advancing any grades. She has never been diagnosed with any mental health
and/or social disorders. Sh e is not currently t aking any medication. She was asked about any past discipline
issues , including unfounded accusations associated with dis honesty and integ rity. CV2 d e nied any hi s tory of
the aforementioned iss ues .
While speaking with CV2 she rel ated that on Tuesday, 12-31-201 9, she was at her residence, loc ated at
Santa Ana PD 2020-01709 Report by Nolan, Michael 3583 6 of 1 O
, County of Orange. At that time, she was seated at a table in
the living room of her residence. CV2 recalled that her cousin, Miguel Mercado was seated directly to the
right of her. While seated to the right of CV2, Miguel reached over and touched her waist, outside of her
clothing. While keeping his hand outside of CV2's clothing, Miguel proceeded to move his hand up CV2's
torso, ultimately touching the bottom of her right breast, outside of her clothing. CV2 related that the
aforementioned physical contact was unwanted and unsolicited. CV2 stated she responded by getting up
from the table and away from Miguel. She related that upon returning to the table she positioned herself
further away from Miguel.
While speaking with CV2 about the incident she related that other family members were present during the
aforementioned incident; however, the incident went unnoticed by her family members. When asked how
her family members were unable to notice the aforementioned assault, CV2 related, "He's pretty discrete".
CV2 related that she never confronted Miguel about the aforementioned sexual assault, nor did Miguel
make any efforts to discuss the incident with her. It should be noted that at the time of the alleged incident,
CV2 was (15) years of age and Miguel was (31) years of age.
While speaking with CV2 she was asked to describe her relationship with Miguel. She related that she
attempts to stay away from Miguel and keeps her conversations with him "short, so nothing happens". When
asked to elaborate, CV2 related that Miguel has a tendency to get "close" and can become "touchy". CV2
was asked about any additional related incidents involving her and Miguel. CV2 related that in the past there
has been incidents where Miguel has made physical contact with her, via touching her thigh, tickling her, or
touching another non-sexual and/or intimate body part of hers, which has resulted in her feeling
uncomfortable. She estimated that since she was in (5th) grade there have been approximately 10-15
incidents, where Miguel has made unwanted physical contact with her, resulting in her feeling
uncomfortable.
While speaking with CV2 she was asked if any of Miguel 's physical contact with her has ever been
accompanied by a conversation of a sexual nature. CV2 recalled an incident when she was in (6th) grade.
She recalled that at the time of the incident she was wearing a dress for his sister's graduation. She related
the Miguel touched her leg and inquired if she had shaved her leg. Miguel's inquiry about CV2 shaving her
legs was then followed by Miguel telling CV2 that one day she was going to grow up to be "so pretty" and
that she would ultimately become prettier than her sisters . CV2 recalled feeling "freaked out" by the
aforementioned interaction and subsequent comments made by Miguel.
CV2 was asked about any previous disclosures of the aforementioned incident which occurred on 12-31-
2019 prior to speaking with me. CV2 related that she has not disclosed the incident to anyone prior to
speaking with me. CV2 related that aside from the 12-31-2019 incident, she has disclosed the past
unwanted physical contact from Miguel to her oldest sister, Cynde Mercado and to CV1. CV2 was asked
about her desired disposition of this investigation. CV2 related that her desire is for Miguel to be required to
register as a sex offender and receive therapy.
While speaking with CV2, I asked her if she had any photographs of Miguel available. CV2 was able to
produce a photograph of Miguel on her cellular telephone. CV2 related that the photograph of Miguel was
taken on 12-25-2018. CV2 later emailed me the photograph shown, which was printed, entered into
evidence (EP: 20-00879), and secured into an evidence locker at the SAPD. CV2 was later shown a
California Department of Motor Vehicles (OMV) photograph of Miguel A Mercado Segura and positively
identified Miguel as her cousin and the subject she was referring to. The OMV photograph of Miguel was
later entered into evidence (EP: 20-00880) and secured into an evidence locker at the SAPD.
Prior to the conclusion of my interview with CV2 , I asked her if she felt that there was any additional
information I should be made aware of. During that time, CV2 disclosed that a couple of years ago, CV1
confided in her and disclosed that Miguel had exposed his penis to her. She further advised tha t on
Thursday, 11-28-2019, CV1 disclosed to her that Miguel had touched her vagina under her clothing. CV2
related that CV1 during the 11-28-2019, CV1 did not disclose when the actual assault took place.
Upon th e conclusion of my intervi ew with CV2, I contacted CV3. CV3 was escorted to a private non-
Santa Ana PD 2020-01 709 Report by Nolan, Michael 3583
custodial interview room within the lobby of the SAPD, where she was interviewed. CV3 was not
accompanied during the interview. The following is a summary of my interview with CV3.
7 of 10
CV3 related that she is a (23) years of age. She is currently unemployed and is not a student. She has
never been diagnosed with any mental health and/or social disorders. She is not currently taking any
medication. She denied any criminal history. CV3 denied any personal history associated with dishonesty
and integrity issues.
While speaking with CV3 she related that from the age of (13-15), Miguel would touch her buttocks over her
clothing. She estimated that during the aforementioned timeframe, Miguel touched her buttocks
approximately (4) times. She described the touching as the inside of Miguel's palm making direct contact
with her buttocks (over the clothing). She related that each of the aforementioned incidents occurred at her
residence , located at County of Orange .
While continuing to speak with CV3, she related an additional incident, during which she was at her
residence. At that time, she was inside her bedroom, alone, and laying on her bed . She recalled Miguel
entering her bedroom, standing in front of her and kissing her on her neck and upper chest area. CV3
recalled that at the time she was wearing a "spaghetti strap" style top , which was "low cut" and exposing her
upper chest area. CV3 related that she responded by pushing Miguel away from her. CV3 recalled that after
pushing Miguel he fled from inside her bedroom. CV3 recalled that she was approximately (13) years of age
at the time and estimated that Miguel was approximately (21) years of age at the time.
CV3 related that she confronted Miguel about the unwanted physical contact approximately (1) month later.
CV3 related that she told Miguel if a similar incident were to occur again she would notify his parents. Miguel
did not respond to CV3 when confronted. CV3 related that she disclosed the aforementioned incident to
Miguel 's sister and to her sister, . CV3 related that she did not disclose the incident to her
parents because her parents are protective over Miguel and she feared that she would not be heard.
CV3 was unable to produce a photograph of Miguel. She was later shown a California Department of Motor
Vehicles (OMV) photograph of Miguel A Mercado Segura and positively identified Miguel as her cousin and
the subject she was referring to. The OMV photograph of Miguel was later entered into evidence (EP: 20-
00880) and secured into an evidence locker at the SAPD.
CV3 was asked about her desired disposition of this investigation. CV3 related that her desire is for Miguel
to be apprehended and incarcerated for a period of (1-2) years. CV3 related that she is desirous of
prosecution against Miguel and is willing to testify in court, if needed.
Prior to the conclusion of my interview with CV3, I inquired about her willingness to conduct a recorded
pretext telephone call with Miguel. CV3 related that she would be willing to assist in contacting Miguel , via
telephone for the purpose of conducting in a pretext telephone call.
Prior to conducting a pretext telephone call to Miguel, I contacted CV1. CV1 was escorted to a private non-
custodial interview room within the lobby of the SAPD , where she was interviewed. CV1 was not
accompanied during the interview. The following is a summary of my interview with CV1. It should be noted
that prior to performing a Gladys R. Questionnaire with CV1, I asked her some preliminary background
questions in an effort to build a rapport with her and gauge her ability to articulate herself.
CV1 related that she is a (13) years of age and (8th) grade student. She has not been withheld from
advancing any grades . She has been diagnosed with any anxiety disorder and depression . CV1 has been
taking medication to treat her anxiety disorder and depression for the past (1-2) years. CV1 was unsure of
the name of the medication; however, she related that she t akes her medication daily. CV1 did not feel that
her medication would impede h er ability to provide accurate statement.
Prior to obtaining a detailed statement from CV1, a Gladys R. Questionnaire was performed pursuant to PC
26. During the Gladys R. Questionnaire, C V1 demon strated th at she knows th e difference between rig ht and
wrong. Provided examples of right and wrong be ha v ior. Demonstrated that she knows the difference
between a truth and a lie. Provided an example of ide ntifying a lie and express ed that it is better to tell th e
Santa Ana PD 2020-01709 Report by Nolan, Michael 3583 8 of 10
truth than to lie .
CV1 was asked if she was aware of why she was transported to the SAPD by her aunt, She
responded, "abuse". She identified her cousin, Miguel as the perpetrator of the abuse . CV1 was asked to
clarify the nature of the abuse and identified the abuse as, "sexual". CV1 further related that there were
multiple incidents of abuse perpetrated by Miguel. She related that the incidents occurred at multiple
locations, including Miguel previous residence, located in the City of Santa Ana , County of Orange
(Unknown exact location), her father's house, located in the City of Corona, County of Riverside, and her
uncle's house, located in the City of Santa Ana, County of Orange.
CV1 was asked to being at the very first incident of abuse. CV1 related that the first incident occurred when
she was approximately (6-7) years of age . She recalled that the incident took place at Miguel's former
residence, located in the City of Santa Ana. She recalled that during the incident Miguel touched her in the
area of her "private bottom part". She ultimately confirmed that she was referring to her buttocks and vagina
as her "private bottom part". CV1 related that the contact consisted of direct skin to skin contact with Miguel
touching CV1 's vagina and buttocks under her clothing and with his hands.
When asked to recall specific details associated with the sexual assault , CV1 related that she was inside the
restroom with Miguel when the assault occurred. When asked how she and Miguel both came to be in the
restroom together she related that Miguel would "take her''. When questioned further, CV1 related that
Miguel would actually follow her into the restroom and not actually take her into the restroom. She related
that during the aforementioned incident, Miguel entered the restroom, lifted up her shirt up, pulled her pants
and underpants down exposing her breasts, vagina, and buttocks. CV1 related that after exposing her,
Miguel proceeded to touch her breast, vagina, and buttocks.
While speaking with CV1, she related that Miguel never inserted his hands, fingers , penis, or any unknown
or foreign objects into her anal cavity or vagina. CV1 was unable to provide an estimation as to how long the
aforementioned assault lasted. She was asked about her behavior during the assault and responded , "I'm
just there .. standing there and just feeling weird and kinda [sic] awkward". CV1 related that she never
discussed the assault with Miguel; however, she recalled that Miguel discouraged her from disclosing the
assault to anyone and for her to keep quite. CV1 was unable to recall specific statements made by Miguel.
CV1 was asked if the aforementioned assault occurred more than once. CV1 related, "At every family event
we had he would do that". CV1 would ultimately estimate that Miguel assaulted her in the aforementioned
manner approximately (10-15) times from when she was (6) years of age and concluding when she was (12)
years of age. CV1 related that the last assault occurred at her father's residence, in the City of Corona,
County of Orange. CV1 was (12) years of age at the time. CV1 recalled that the last incident occurred
around December of 2018.
During the aforementioned incident, CV1 recalled that she was inside the restroom with Miguel. She was
unsure of the circumstances of how she came to be in the restroom with Miguel. She believed he told her to
go to the restroom or possibly lead her to the restroom by hand; however, she was unsure. CV1 recalled
that while in the restroom, Miguel forced her to kiss him and touch his penis. CV1 also recalled that Miguel
exposed her breast, vagina, and buttocks . During th e incident, CV1 recalled Miguel physically positioning
her head against his in an effort to force her to kiss him. Additionally, she recalled Miguel taking her hand
and forcing it on top of his exposed and erect penis. He then placed his hands over CV1 's hand . CV1
related that while Miguel's hand and her hand were on his pe nis, Miguel forced CV1 's hands up and down in
a back and force motion that is consistent with masturbation. CV1 did not witn ess CV ejaculate during the
aforementioned sexual assault. CV1 estimated that the entire assault lasted for approximately (5) minutes ,
with the assault concluding by Miguel randomly stopping. Whe n asked about her demeanor during the
assault. CV1 recalled feeling "frozen and fear" and "stuck".
While speaking with CV1 furth er she related that during the last (2 -3 ) of the aforementioned (10-15) sexual
assa ults, Miguel exposed his penis and forced CV1 to touch his penis. She further a dvised th at during th e
past (2) years, the sexual assaults have escal ated to Miguel forcing CV1 to tou ch his penis . CV1 co nfirmed
that at no point during any of the sexual assaults did Migue l ever insert his hands, fingers , penis , or any
Santa Ana PD 2020-01709 Report by Nolan, Michael 3583 9 of 1 O
unknown or foreign objects into her anal cavity or vagina, CV1 did however, relate that during (5) of the (10-
15) sexual assaults within the past (3) years, Miguel had placed his mouth over her breast. CV1 confirmed
Miguel never placed his mouth over her vagina and/or buttocks.
CV1 related that she has disclosed some of the information associated with the aforementioned sexual
assaults to her therapist, mother, CV2, CV4, and her cousin,. CV1 was asked about her
desired disposition of this investigation. CV1 related that her desire is for Miguel to be apprehended and
incarcerated. She further advised that she would like Miguel to receive therapy and to be restrained from
having contact with children. CV1 was unable to produce a photograph of Miguel. She was later shown a
California Department of Motor Vehicles (OMV) photograph of Miguel A Mercado Segura and positively
identified Miguel as her cousin and the subject she was referring to. The OMV photograph of Miguel was
later entered into evidence (EP: 20-00880) and secured into an evidence locker at the SAPD .
It should be noted that while speaking with Moya she related that CV1 's disclosure resulted in her therapist
reporting CV1 's sexual assault to CPS. On Monday, 01-20-2020 , at approximately 2022 hours, I contacted
the County of Riverside Department of Public Social Services -Children's Services, I spoke with Intake
Specialist ), who confirmed that social worker is currently assigned to an
open investigation involving allegations of CV1 being the victim of sexual abuse perpetrated by Miguel.
Intake Specialist provided the following report number associated with her agency's open
investigation: #0280-0438-7237-6079363.
Prior to the conclusion of my investigation, I re-contacted CV3 and escorted her to a private non-custodial
interview room within the lobby of the SAPD. On Monday, 01-20-2020, at approximately 2130 hours, CV3
performed a pretext call to Miguel pursuant to section 663 of the California Penal Code. Prior to the initiation
of the call, CV3 identified Miguel's cellular telephone number as, CV3 advised that she last
contacted Miguel at the aforementioned telephone number during thanksgiving of 2019. CV3 contacted
Miguel at the aforementioned telephone number, using her cellular telephone, .
I listened along and recorded the aforementioned pretext telephone call, using a digital recorder. The
recording was later transferred to a compact disc, entered into evidence (EP:20-00883) and secured into an
evidence locker at the SAPD. It should be noted that during the pretext recording, I noted my Body Worn
Camera (BWC) was making loud and audible beeping noise. I feared this noises could potentially alert
Miguel that a third party was listening to his conversation with CV3. As a result , the digital recorder
continued recording the pretext call, while my BWC was ultimately turned off during the remainder of the
pretext call.
During the pretext call the receipt of the call responded when being referred to as, "Miguel" by CV3. Miguel
identified CV3 by name several times during the pretext call. During the pretext call, CV3 confronted Miguel
with the accusations made by CV1 indicating he had tou c hed CV1. When asked why he would touch CV1,
Miguel responded , "I'm confused myself'. Miguel was also confronted with the allegations made by CV2 .
During the pretext telephone call Miguel never claimed responsibility for the allegations made against him;
however, Miguel acknowledge that CV1 and CV2 were not lying , It should be noted that at no po int during
the confrontation did Miguel admittedly object to the allegations he was confronted with including the
allegations of him touching CV1's vagina.
While speaking with Miguel, CV3 also confronted him about the incident when he entered her bedroom and
began kissing her neck and upper chest when she was (13) years old. Miguel never denied and/or objected
to the allegations. Miguel stated he had no recollection of the event; however, he did ultimately apologize to
CV3 and promised her that he would seek therapy.
Upon the conclusion of the recorded pretext telephone call. I contacted Officer J. Espadas (#3507),
Sergeant Lima (#2373), and Officer Roelofs (#3514) and requesting th e ir assistance in locating Miguel.
It should be noted that prior to th e conclusion of this investigation, I attempted to contact the Orange County
Child Abus e Regi stry to notify them of the allegations of sexual abuse involving CV2 and CV3; however, I
wa s unable to contact anyone and was directed to a voicemail service.
Santa Ana PD 2020-01709 Report by Nolan, Michael 3583 10 of 10
Sergeant Lima was notified of the disposition associated with this investigation.
Author: Nolan, Michael 3583 BWC Activated