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Subscribe to RSSLOS ANGELES -- Attorneys on Thursday are expected to argue a Fullerton man's appeal of his misdemeanor conviction for putting semen in a co-worker's water bottle.
Michael Kevin Lallana said in court documents there is insufficient evidence to support his Feb. 24, 2011 conviction on two misdemeanor counts of battery with sentencing enhancements for committing a crime for sexual gratification.
Lallana is expected to appear on Thursday at 9:30 a.m. before a three-judge panel in an Orange County courtroom, said Gwen Vieau a spokeswoman for the Orange County Superior Court.
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Lallana's attorney, E. Thomas Dunn Jr., did not immediately return a call seeking comment.
The first incident began when Lallana deposited his semen into the victim’s water bottle when the two worked together at Northwestern Mutual Financial Network in Newport Beach in January 2010.
Lallanos did it a second time in April of that year at a Northwestern branch in Orange. In an interview with police, he told investigators he chose Tiffany G.'s bottle because "she's very attractive," court documents said.
“(She) drank the contaminated water unaware of the bottle’s contents,” prosecutors said in a statement at the time of Lallana’s sentencing. “She threw the bottle away after tasting the contents and realizing the water was contaminated.”
The second time, prosecutors said, the victim became suspicious of the taste and sent the bottle to a private lab for tests. The lab confirmed the bottle contained semen in June 2010, prosecutors said.
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Once confirmed, the victim reported both incidents to police who arrested Lallana at his Fullerton home the next month. Prosecutors said his DNA matched the semen in the water bottle.
Lallana was sentenced to six months in jail and three years of formal probation on April 22, 2011.
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He was ordered to register as a sex offender for life and was ordered to pay $27,411 in restitution to cover the victim’s lost income and therapy costs, prosecutors said.
Lallana was also issued a stay-away order barring any contact with the victim, officials said.
During Lallana’s sentencing, the victim told the court that his acts caused her to go into depression.
“I had to seek counseling to find a way to get through this period in my life,” she told the court. “The idea that I had Mr. Lallana’s semen in my mouth, without my knowing, against my will, for his sexual pleasure sickens me…I feel that it was a form of rape…”
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Michael Kevin Lallana said in court documents there is insufficient evidence to support his Feb. 24, 2011 conviction on two misdemeanor counts of battery with sentencing enhancements for committing a crime for sexual gratification.
Prosecutors said his DNA matched the semen in the water bottle.
WOW just wow
My thoughts exactly, I'm sure his mama's proud for birthing such a "winner."
The guy explains what he did with "She was attractive" ???
Too bad Johnnie Cochran isn't still alive...the little poems he could come up with to cast doubt on his client's obvious guilt would be impressive !!! He'd be holding up the water bottle in court and saying... " ??? ".
How about "If the dinky doesn't fit, then perhaps it's only his spit." ???
THIS PIG NEEDS TO BE LOCKED AWAY FROM SOCIETEY FOREVER!!!!
Just to think he actually had to plan this out to achieve his sick goals shows he's hopelessley DEMENTED!!!
I say milk a whale and make him drink it!!!
What was the formal charge against this guy? I find it very disgusting, but what legal state law did he break? I think the guy lost any possible defense if he did in fact state he picked her because she was very attractive. Plus, a DNA match makes it even more difficult with his confession.
The woman's claim of depression is suspect to me, but I only read an article about it. How did they get a sample of the guy's DNA? Was this the first time or was it the first time he was caught?
Homer, the article says "two misdemeanor counts of battery with sentencing enhancements for committing a crime for sexual gratification."(* from the article) Why would anyone think this woman WOULDN'T be depressed over an incident like this? It would creep me out...if I were her, I would be keeping any drink container with me at all times, OUT OF FEAR some other idiot might try to add something. I hope he loses all appeals, what he did might not seems like much, but it ROBBED, this woman of any feeling of safety, probably for the rest of her life.
The punishment should fit the crime. He should have to drink the victims load in a water bottle, then whatever else they sentence him to.
I would be depressed if I drank a perv's *?NK@#.
This young man must be a Sandusky victim reaching out for help. Lord let us pray. WTF SMH
Wow I can see where this is going! No mug shot, I've got a bet on this one. Let's see it please.
This made Hitler say, "VAT?!"
If your DNA is found to be in a place it shouldn't be, you really don't want to drag the case out any longer than it should.
Exactly. When your name, linked to "semen", "masturbating", "office" etc. has finally receded to the 15th page of search results, you don't want to go ahead and put it back at number one.
That guy isn't just a pervert, he's downright stupid! I can't wait to hear his explanation as to how his DNA got into the water bottle, it should be a doosy!
Marty, that's easy. He tripped and fell and his winkey got stuck in the bottle. He pulled and pulled until it "came" out. I oughta be a lawyer. Seriously, this guy is beyond disgusting. "I thought she was purty"!!!!!! Yeah, she's sure to fall for you.
Perhaps he went to seminary school and misinterpreted the institution's more common intentions.
I think he misunderstood the meaning of organic! I couldn't resist - sorry! This dude is disgusting but I'm so tired of this "I had to go to therapy" nonsense. Therapy should have been all the women in the office getting together and beating the living snot out of him.
Well, to prevent something like this happening again, all the women in the office should have gotten out the industrial strength paper shredder... oops!
Jeeper: Let's say, put my snot in your water and you drank it. You would be okay with it? She has a right to be depressed and feel violated. Only a man could have your attitude.
Although this gentleman is sick in the head..
she recognized the taste of semen? LOL.
Steph You wouldn't know anything about how that stuff tastes? Would You?
All the best girls do!
Erroneous assumption. Most tap water is benign. Want to share your insight? What does it taste like? Summer camp? Your Dad? Your brother? Your boyfriend? Your priest? Your minister? Granddad? Uncle? Cousin?What part of the country are you from?
Stephanie >>> >>> >>> Of course, she didn't recognize the taste of semen, just that it wasn't all water as it should have been. The second time it happened, she recognized the same taste and THIS TIME she had it tested.
She realized that water didn't taste right and threw away the first bottle.
When this pervert did it AGAIN, she recognized it as the same taste from the first bottle.
I'm pretty sure that if the man had put semen in YOUR bottle, you'd be pretty pissed off,too.
His excuse is invalid>< "She's so attractive".
There is no excuse for this crime.
What if he has a disease?
She deserves to possibly die because he found her "attractive"?
Supposedly each males semen can taste differently depending on diet, weight and what they have recently eaten and how frequently, she likely didn't recognize it as something like that. I'm not going to question as to how or what she knows about semen, it's not my place and it's rude to even make those kinds of assumptions.
could she not see it "gel-ling on the bottom. Did he jack off in the bottle or insert the actual head portion. Guess it was very small?
c'mon -- I just ate lunch!
at 3:50 in the afternoon? Damn when do you eat dinner?
Try our New "Spring Fed Sparkling Seminal Water" Very Refreshing!
He deserves to be locked up in a mental institution and his genitals should be cut OFF !
He deserves to be locked up in a mental institution and his genitals should be cut OFF !
Awww, cum on Steph... Me thinks you complain too much........
Stephanie... you're sicker than he is!
I will not do that to Stephanie Kevin, but yes, I think she is a bit too crazy.
GIRL POWER!!!
A true to life Sandusky victim, acting out for help! Anybody got a zanax for this young man?
Sick scum like this should be promptly exterminated. For that matter, all the human losers and scum in jails/prisons should be exterminated also. What a waste of resources keeping this genetic garbage alive in an overpopulated planet.
How is this only a misdemeanor? It should be a felony just for the fact that he is a nasty bastard on those merits alone. With the sickness and disease that is out there it should be a felony anytime you intentionally put any bodily fluids in an area where you expect someone to ingest it. Coming from a man that has not and will never have sperm in my stomach it would make me want to commit a felony if I found that in my water bottle.
My thoughts exactly, that should have been a felony and he would learn what it's like to have semen in his mouth from his cellmates. What if he was diseased? I really feel sorry for his victim. ICK
needs to be neutered...
Michael Lallana is the most disgusting person what a sick pervert. This should be a felony. I say call in Lorena Bobbitt she could remove his appendage. Sounds like a good plan in my book.
You gals just can't stop hating men, can you!
Lee, "You gals just can't stop hating men, can you!"
I wonder why "gals" would love all men due to this fellow's behavior? You think they should?
So, Lee, you love men? You'd love it if this guy put semen in YOUR water bottle? Hmmmm.
Unbelievable...That he could somehow abscond with an already opened water bottle, sneak it away to a place where he can (ahem), and then return it to where he found it, all without anyone seeing this or becoming suspicious. To elaborately plan this out and get away with it before she took a sip is incredible, but also the sign of a real sicko for sure. Most office sickos just do a quick open zipper flash and then deny any thing happened or insist they didn't know they were showing...
Next question, why was his DNA on file to be compared to? Or was he suspected and then asked to provide DNA? I could see getting a finger print match first and then getting a subpoena for DNA, you do not have to voluntarily give your DNA as a sample to law enforcement to prove your innocence.
Their are a number of ways law enforcement can get your DNA, and not only would you not know about it, but more often than not, it would be legal for them to do so.
Example; after drinking a soda and tossing it in a public trash can. Guess what? After you walk away, they can then go up to that trash can, take out the bottle, and have your DNA and fingerprints, and both would be admissable(sp?), since the bottle the prints and DNA were found on was discarded property in a public trash can.
Any number of ways they could've gotten his DNA LEGALLY without him knowing. Of course, if this article isn't showing the full deck and it turns out he went to PRISON for something serious a while back, it'd make sense for his DNA to be on file already.
Still though, what this guy did, and to quote WWE Wrestler The Miz, "Really? Really? Really?"
For those saying this should be a felony, take solice in this; he's gonna be a registered sex offender FOR LIFE. I'm sure most of you know what that means, and the kind of life he'll have to live, all because he thought it'd be a good idea to plant his seed in a bottle of water..
Good point, or he could have put his head into the top of the bottle and did his thing when she was tying her shoe!
foul fn pig.
Fire his ass and buy some listerine. Done deal
She should steal a B U S - RUN HIS AZZ DOWN with it ( and back-up and re-run over him several times ),
then go do her Time ( If I was her Husband , I would do it for her ).
Give him Viagra, make him tug the taco until the cream cheese comes out, have him swallow it and have her there while he continues to repeat the process until he can't do it any more so she can berate him. Have him manually stimulated with no lubrication until the skin is raw and bleeding. Have her continue to to berate him for not being a " man". Have her bring friends. Put it on You Tube, Facebook etc. Then put him in jail. Party Time!!!
You people are sicker than this guy. James in Fla, you must be a closeted homo.
I say remove his balls
Thats because you are violent and crazy.
MrBurns, your an idiot. In what world is putting your semen in someones water OK?? In yours perhaps?? Men would think again about doing something like this for fear of getting castrated. What if he has HIV, then he just dealt her a death sentence so chopping them off would be justice. Don't like it?? Guess what, I don't care.
HIV virus does not live long exposed to air and water thankfully, and is not considered a death sentance any longer fortunately is it considered a chronic condition. There are other horrible consequences...Herpes, Hep A,B,C etc. that can be just as tragic to a totally innocent person such as this.
THIS GUY is sick, he is mental and needs to be castrated and locked up...period. How F-N gross to do such a thing.
He...deserves to die.
No, he DOESN'T deserve the death penalty for this. WHO did he murder? He DOES deserve time in prison, & IF he's married, I hope to hell his wife divorces him & takes everything he has & restricts visitation with any children he may have fathered with her. He deserves to be on the sexual offender registry in that state. But DEATH? Save that for the worst of the worst, and this isn't the worst!
Has he been tested for AIDS or HIV ? His actions are beyond stupid.
Only 6 months in jail? How is that sufficient? Should be 5 years minimum.
This is a very sick thing to do but, I wasn't pleased with the victim's statement that it is a form of rape. It is not the same at all and, if she were a true victim of that type of crime, I think she would understand the difference.
Skeptic >> >> >> >> Depending on the circumstances, rape of a fertile female can result in an unwanted pregnancy; granted, this was one of the exceptions. HOWEVER, would you consider it OK for any man to rape a small boy or girl, an elderly female, another man, an already pregnant woman, etc. on grounds that pregnancy cannot occur??? Of course it is a form of rape. Rape is nonconsentual (including "consentual statutory rape") violation of another persons body. She called it correctly! It was a form of rape. IT WAS RAPE !!!
That was EXACTLY "rape". Unwanted, non-consensual sexual contact, even if she didn't know it had happened at 1st, much like women given GHB and who don't remember the actual rape that took place. This man is a sexual pervert and I wouldn't be surprise if he's done this to other co-workers that aroused his libido. I hope this follows him around forever and he'll NEVER be able to get hired anyplace else! At least nowhere that employs females! SkepticOne, by your statement I have to assume you're MALE and have never been subjected to a rape-lucky you. BUT-you, if you're male, have NO idea of how something like this man did will forever affect this woman. Be grateful it didn't happen to one of YOUR female relatives-you'd be singing a different tune then!
Honestly Im glad that people on these boards dont set the penalties for crimes. You guys are sicker than he is.
Wow that is disgusting!
Note to self: "Do not leave open water bottles, coffee mugs or other edibles out on my desk!"
Second note to self: "Always wipe down entire desk, including chair, armrests, phone, mouse, keyboard and any pens left out, with disinfecting wipes before use. In fact, just lock everything into my lockable drawer!"
What a prevert...he should be ashamed. No wonder so many women are afraid of men...!
Another Sandusky victim. Let us pray!
This just in on my local 6:00 news. A 39 year old teacher charged with sexting a 16 year old boy (sent a picture of her boobs) just received 22 years in jail. I have just about lost my mind! This guy had to have had a great lawyer! Stay out of the south all you nasty perverts!! Virginia, Shocked are we? PEOPLE.
I wonder. While on appeal, is it possible for the appellate court to determine that the original sentence was to lenient and increase the penalty?
Wouldn't THAT be nice!!