LOS 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.
Also at NBCLosAngeles.com: Man claims bear is terrorizing his family
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.
Watch US News crime videos on NBCNews.com
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.
Stay informed with the latest headlines; sign up for our newsletter
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…”
More content from NBCNews.com:
