SANTA ANA (CBS) — A Fullerton man who put his semen in a co-worker’s water bottle was ordered Monday to pay more than $27,000 in restitution.
Michael Kevin Lallana was ordered to cover the victim’s loss of income and other expenses such as therapy, Deputy District Attorney Brock Zimmon said.
In April, Lallana was sentenced to 180 days in jail and three years of probation for secretly ejaculating twice into a co-worker’s water bottle so that she’d go on to drink it later.
Lallana hasn’t served any of the jail time because his attorneys have appealed his Feb. 24 conviction on two misdemeanor counts of battery, Zimmon said. Lallana is required to conform to the terms of probation.
Lallana’s attorney, Eduardo Madrid, argued during restitution hearings that the victim’s civil settlement with her former employer should offset how much Lallana owed her.
But Zimmon said restitution is meant to rehabilitate the defendant and to provide a deterrent.
Schwarm ordered Lallana to pay $1,625 for past therapy, $6,500 for one more year’s worth of therapy, and $18,683.50 in lost earnings, Zimmon said. The remainder covers other miscellaneous expenses, such as sending the water bottle to a laboratory for testing.
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.
She testified that while working in Newport Beach, she left her water bottle at work on a Friday in January 2010 and when she returned on Monday, she took a swig and noticed a foul taste that seemed like semen, so she threw out the bottle.
After moving to the new office in Orange, she again tasted semen in her water on April 6, 2010. She said 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.
When the test showed there was semen in the water, Orange detectives started questioning the company’s employees.
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