SANTA ANA (CBS) — A Fullerton man is scheduled to be sentenced Friday for secretly ejaculating twice into a co-worker’s water bottle — that she later drank from.
Michael Kevin Lallana was convicted Feb. 24 of two misdemeanor counts of battery. He faces up to a year in jail.
Before sentencing, Orange County Superior Court Judge Walter Schwarm will consider a motion for a new trial.
Lallana’s attorneys have filed a motion for a new trial and a motion for a stay of execution of sentencing, which prosecutors oppose, Deputy District Attorney Brock Zimmon said.
If Schwarm denies those motions Lallana will likely be sentenced.
Schwarm will also consider whether to order Lallana to register as a sex offender.
Lallana and the victim — identified in court only as Tiffany G. — started working together at Northwestern Mutual Financial Network in Newport Beach. They were both 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 that after the second incident, she took the bottle to a laboratory to have it tested. 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.
Lallana was initially evasive, but eventually told detectives he put his semen in the water bottle because “her lips had touched” it.
“I saw her water bottle and I did it,” Lallana says on a tape of the police interview. “For me, it’s a release. I think about my wife.”
Lallana also said in the interview that he found Tiffany attractive.
“It was the closest I could ever get to someone as good looking as that without tampering with my marriage or hurting anyone,” Lallana said.
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