Today was the date set for the sentencing of defendant Michael K. Lallana. An Orange County jury recently convicted Mr. Lallana of two counts of battery (penal code section 242) and the jury found that the allegations that Mr. Lallana had committed the batteries for the purpose of sexual gratification were true. The victim was my client, Tiffany G.
In their written opposition to the defense of motion for a new trial, the prosecution stated the following facts:
"In January 2010, Tiffany G. was an employee of the Northwestern Mutual Financial Network in Newport Beach. She left the partially drunk water bottle on her desk when she left work on January 22, 2010. It was still on her desk when she returned to work on January 25th. As she drank from the bottle on January 25th, Tiffany G. noticed it tasted "off" and she thought it tasted like semen. She looked at the contents of the bottle and saw a substance floating inside that she described as similar to white liquid soap floating in water. Tiffany G. immediately threw the bottle away.
On April 1, 2010, Tiffany G. was transferred to Northwestern Mutual's Orange office. Six other male employees were transferred with her.
On April 6, 2010, Tiffany G. arrived at work at noon. The previous night, she had again left a partially filled water bottle on her desk. While sitting at her desk typing, she reached for the water bottle and took a drink. She again noticed the taste of semen in the water. This time, rather than throwing out the contents of the bottle, she put the cap back on it and preserved it.
Eventually she sent the contaminated water bottle to a private lab that tested the contents of the bottle. The contents tested positive for semen."
Detectives also sent the bottle to Orange County Sheriff Department Crime Lab, which then verified semen in the water and extracted a DNA profile from it.
Ultimately, Mr. Lallana admitted to the detectives that he had masturbated into Tiffany's water bottle in Orange, California and in Newport Beach. Despite his confessions, Mr. Lallana insisted on going to trial, but the jury convicted him. It was not enough for Mr. Lallana to have committed this revolting criminal conduct against Tiffany. Because he decided to insist on a trial, she was forced to testify in detail to what he did to her, which was humiliating and revolting for her to have to recall.
No woman should ever be forced to endure what Tiffany did and any man who thinks of emulating Mr. Lallana's misconduct should be aware that there are criminal consequences for this type of behavior.
No man or woman would want his own daughter to be subjected to what Mr. Lallana did and we are very proud of Tiffany because she decided that she was going to take action to make sure that this would never happen again and that there would be consequences for these criminal acts.
Tiffany is a hero in this story. She has been very brave and despite her traumatic experience, she found the courage to take the water bottle to the lab for testing, contact law enforcement, testify at the trial and provide her very emotional victim impact statement in court today.
Tiffany is a role model for victims and we admire all of her efforts to stand up for justice.
Attorney at Law
representing Tiffany G.
April 22, 2011