Attorneys on Thursday will argue a Fullerton man's appeal in Orange County Superior Court of his misdemeanor conviction for putting semen in a co-worker's water bottle.
The panel of three judges will hear arguments on the appeal of Michael Kevin Lallana, who was convicted Feb. 24, 2011, of two misdemeanor counts of battery, said Deputy District Attorney Anna Chinowth, who is handling the
prosecution of Lallana's appeal.
Lallana was sentenced in April 2011 to 180 days in jail and three years probation for twice secretly ejaculating into a co-worker's water bottle, which she later drank from. However, that sentence was put on hold until the appeal
Because Lallana was convicted of a misdemeanor, the appeal will be heard in Orange County Superior Court instead of before a panel of justices in the Fourth District Court of Appeal in Santa Ana.
Lallana was also ordered in August 2011 to pay $27,410.87 in restitution to his victim to cover her loss of income and other expenses such as therapy.
Lallana and the victim started working together at Northwestern Mutual Financial Network in Newport Beach, but both were transferred to the company's office in Orange in 2010.
The victim testified that while she was working in Newport Beach she left her water bottle at work on a Friday in January 2010 and when she returned on Monday, she noticed a foul taste that seemed like semen when she drank from
After moving to the new office in Orange, she again tasted semen in her water on April 6, 2010. She took the bottle to a laboratory to have it tested, because Orange police told her they could not open an investigation on speculation of a crime, and her superiors at work did not know what to do about it, she said.
When the test showed there was semen in the water, Orange detectives started questioning the company's employees.
Lallana told detectives in an interview that he put his semen in the water bottle because ``her lips had touched it,'' according to a recording of the interview played for jurors during the trial.
- City News Service