A state court has rejected an appeal by a man convicted in a San Rafael sex crimes case.
Jesse John Rieder, 42, was tried in Marin County Superior Court in 2022. A jury found him guilty of a forcible sexual penetration, a felony, as well as misdemeanor counts of assault and battery.
The crimes happened in 2019. The 29-year-old victim told investigators that she and her boyfriend had an argument at a party in the Glenwood neighborhood. Her boyfriend left and she slept on a futon in the living room, according to a pre-sentencing probation report.
Rieder, whom she had met earlier in the evening, sexually assaulted the victim while she was sleeping, police said. She hit Rieder with a glass bottle. Police were called to the home.
Rieder gave police a statement, possibly while intoxicated, and admitted to touching the victim sexually while she was on the futon, the probation report said.
A judge sentenced Rieder to six years in state prison. He filed an appeal with the 1st District Court of Appeal in San Francisco, claiming prosecutorial misconduct.
In a ruling issued Dec. 30, a unanimous three-judge panel denied the appeal and affirmed the convictions.
“Rieder argues that the prosecutor committed misconduct by misstating the law and shifting the burden of proof to him,” the ruling said. “We reject his assertions of error.”
Rieder is incarcerated at San Quentin prison. He could be eligible for a parole date in May, according to the California Department of Corrections and Rehabilitation.
Rieder was an Alameda County resident when the crime happened.
