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When Silvius asked how Brian knew about such things, Brian replied, “Oh, it happened.” Silvius assumed Brian was talking about a long time ago and said so, but Brian said, “No, no, just the other day.” Silvius asked Brian where and with whom, and Brian mentioned Tutti.
As a result, Silvius made a report to Child Protective Services.
He also told Janice, Brian's stepmother, what Brian had said and encouraged her to tell the police; when she appeared hesitant, he said he would report it if she did not.
Code,2 § 182), forcible lewd and lascivious acts on children under the age of 14 (§ 288, subd.In January 1984, Donald Silvius was working as a counselor at Brian's school.Brian and a group of children were found playing in an unauthorized area. 2764, and a first amended information was filed in No. Following an extremely contentious trial, filled with motions for dismissal, mistrial, sanctions, severance, and the like, the jurors began deliberations on July 22, 1985.
His case was consolidated with the other two on November 15, 1984. On December 17, the People were granted leave to file amended informations in Nos. Jury selection commenced January 14, 1985; a jury was sworn to try the case on February 14. On May 20, 1985, prior to resting their case, the People moved to amend the informations to conform to proof. On June 10, second amended informations were filed in Nos.In March 1982, John instituted proceedings to obtain custody of the boys, Johnny, Tommy and Brian.