John Chiv: One count dismissed by People, two counts not held to answer; Kailan Meserve held to answer on 15 counts including forcible rape

Aug 20, 2015

One count dismissed by People, two counts not held to answer; Kailan Meserve held to answer on 15 counts including forcible rape

Preliminary hearing started yesterday, concluded today. DA Investigator Kyla Baxley testified yesterday about what the two victims told her. That was the major part of the preliminary hearing

North Coast Journal's Linda Stansbery attended today's court session, which was about an hour long with Mr. Clanton completing his cross examination of Ms. Baxley which was brief, then attorneys' arguments and Visiting Judge Bob McNatt's decision.

Despite a two million dollar bail and the serious charges in this case totalling 19 counts such as sexual battery, kidnapping, forcible rape, forcible oral copulation, criminal threats, assault by means likely to produce great bodily injury, this case has only been covered from arraignment to preliminary hearing by me. So, it was good to see Ms. Stansberry there today.

I happen to know from a conversation Mr. Clanton had in front of me and others in a hallway, that this case is personal, since he considers Kailan Meserve a friend.

The two counts Meserve was not held to answer was first degree residential burglary and assault to commit a felony during the commission of a first degree burglary.

There were five counts of forcible oral copulation, one count was dismissed by People because there were 4 alleged acts. Two counts for each victim; for each victim, one alleged act involved oral sex performed on Meserve by the victim and the second count was alleged oral sex performed by Meserve on the victim. He was held to answer on those 4 charges of forcible oral copulation.

I will do other posts throughout the day with detailed graphic testimony of the two victims; these were statements they made to Investigator Baxley in which they allege that Kailan Meserve could not maintain an erection after penetration of the victim's vagina, that he allegedly choked one victim while he forced her to give him oral sex, that he allegedly called one victim his "bitch"and threatened to "freeze her body and feed her to the animals". One victim alleges two brutal rapes, one committed shortly after the first one, that victim also alleges Meserve covered her mouth when she attempted to speak, both victims allege that their breasts were sore for days after the alleged incidents. One victim left the area after the alleged rape.

One victim said she was asleep and "woke up to Mr. Meserve on top of her."

I got the exact counts and ruling on the counts from Ms. Bennett.

He was held to answer for 15 counts: PC209(b)(1), three counts of PC261(a)(2), six counts of PC288a(c)(2),PC245(a)(1), PC422, two counts of PC243.4(a) and PC289(a)(1).

No holding order for the penetration by foreign object (count 5), one of the forced oral copulation (count 15), and the two counts related to burglary (counts 10 and 19). I told the court that no evidence was submitted for counts 5 & 15.

This news item was shared on http://m.krcrtv.com/accused-rapist-in-court-for-preliminary-hearing/34837828