Apr 12, 2016

On cross, Meserve gets caught denying his own direct testimony; admits that he lied to his wife; and avoids answering how many times he cheated on his wife


Deputy District Attorney Brie Bennett started her cross examination of Kailan Meserve by asking him what he did for a living.

"I do construction and I also grow marijuana," responded Meserve.

She then tried to question him about reporting income and if he reported his income from growing marijuana to the IRS. Meserve was evasive and just said, "I report income."

Ms. Bennett: "Were you on methamphetamine at the time of the incident?"

Meserve: "No."

Ms. Bennett: "Did you use it in 2016?"

Meserve: "No."

Ms. Bennett: "when did you quit?"

Meserve: "2009."

Ms. Bennett: "Do you recall a conversation with DA Investigator Kyla Baxley saying you were not sure if did methamphetamine the night with Jane Doe?"

Meserve said he didn't recall. Ms. Bennett showed him a report to refresh his memory.

Meserve: "I said I did not recall."

Ms. Bennett: "You cannot recall whether you were using methamphetamine?"

His tone and demeanor in answering questions was hostile at times, arrogant, dismissive, flippant at times and although he kept his voice at a normal level, he was terse in his responses and glared at the Deputy District Attorney after testifying. At one point, he looked at the jury as if he was surveying them as potential job prospects. No outrage when he denied certain actions. A very cavalier atitude in answering questions about the sex.

When Ms. Bennett asked him if "methamphetamine makes him more aggressive than he is in court?", Meserve said, "No."

Ms. Bennett: "Does meth make you sexually aggressive?"

Meserve: "No."

He then added to his response that alcohol impairs his memory and perception.

Ms. Bennett: "Isn't it true that drugs also cloud your memory and perception?"

Meserve: "I don't know."

Ms. Bennett: "You heard Jane Doe testify; that she was inebriated."

Meserve: "yes."

Ms. Bennett: "She was having difficulty talking."

Meserve: "I don't know."

Ms. Bennett reminded him of his direct testimony about Jane Doe #1's speech.

Meserve then responded, "Some words were slurred. I don;t think she was mumbling."

You can check in the  post below that he said Jane Doe # 1 was mumbling.

Ms. Bennett: "You were aware that she was inebriated and yet you made out with her?"

Meserve: "I made out with her, then realized she was inebriated."

Ms. Bennett: "So you made out with her without knowing how inebriated she was and then she said she was feeling sick?"

Meserve tried to talk his way out of that line of questioning, further making himself look bad.

Ms. Bennett: "Did you learn she was black out drunk that night?"

Meserve: "I learned shortly before I left the Yellow Rose that night."

Ms. Bennett then got him to admit that while he did not talk to Jane Doe #1 at Sam Epperson's house, he did stood next to her.

Ms. Bennett: "When did you decide you were going to have sex with her?"

Meserve: "It wasn't a split decision on my part. It was a combination of two people enjoying each other's company."

Ms. Bennett: "Did you talk about having sex?'

Meserve: "No."

Meserve, in response to a question by Ms. Bennett said that he could not recall if they talked about her blacking out while they were at the community center.

Ms. Bennett: "She asked for a ride home, not to your trailer.?"

Meserve: "She asked for a ride, she didn't specify."

Ms. Bennett: "Did she say she wanted to go to the trailer?"

Meserve: "She never said she didn't."

Ms. Bennett: "When you got to the trailer, you put her down on the bed."

Meserve: "No, I did not put her down on the bed."

Ms. Bennett: "When you were at the trailer, did you have sex?"

Meserve: "I may have penetrated her. I had a hard time maintaining an erection."

Ms. Bennett: "You put your finger in her?"

Meserve: "Yes."

Ms. Bennett: "You called her your bitch."

Meserve said he could not recall.

He said he kissed her, he put his "mouth on her vagina"and that she put "his penis in her mouth."

Meserve said he could not recall if he told her not to have sex with anyone else.

Ms. Bennett: "You took indication of her bringing up your wife as an indication she wanted to have sex?"

Meserve said Jane Doe #1 was aware that he was married.

Ms. Bennett: "You met this woman, she was inebriated, she blacked out. You didn't have a prior sexual relationship with her. You take her to your trailer. She asks about your wife and you take that as an indication that she wanted to have sex?"

Meserve: "I didn't take it as her not wanting sex."

Meserve denied hurting or threatening Jane Doe #1.

Ms. Bennett: "So your testimony is that all this was consensual?"

Then, Ms. Bennett questioned Meserve about Jane Doe #2. She asked him about the first time he met Jane Doe #2. "There was nothing romantic or sexual that first time."

Meserve: "correct."

In 2013, Ms. Bennett asked Meserve that when he got home, everyone was drinking, and he responded yes, "they were having mixed cocktails."

Ms. Bennett: "Were you monitoring Jane Doe #2's alcohol level?"

Meserve laughed, then said, "no."

Ms. Bennett asked if Jane Doe #2 fit in with the rest of the crowd. The rest of them have known each other for years, according to various people's testimony in this case.

Meserve: "The more she drank, the more she fit in."

Ms. Bennett: "When did you decide to have sex with her?"

Meserve: "It wasn't a decision."

On the night of the alleged sexual assault on Jane Doe #2, Meserve said that he went to the "red house". He did not tell Ashley Groeling or Jane Doe #2 he was coming over. When he got there, "Ashley was sleeping in a chair." Meserve claimed that Jane Doe #2 invited him up to the loft area where she was sleeping. He said he had sex with her, "yes" to oral sex, "yes" to "mouth on her breasts, couldn't recall if he put his finger inside her.

Ms. Bennett: "You had sex with her again?"

Meserve: "We had sex again."

Ms. Bennett: "You put your penis in her mouth."

Meserve: "She took my penis in her mouth."

Ms. Bennett: "You had difficulty performing both times."

Meserve: "correct."

Again, he could not recall, if he put his finger in her the second time. He denied putting his hand over Jane Doe # 2's mouth.

Ms. Bennett: "So, you gave her no reason to wake up her friend in tears?"

Meserve: "Yes."

When he went home and sex with his wife, he said he could not recall if he had cleaned his penis.

Ms. Bennett: "How many times have you cheated on your wife?"

Before Meserve could answer. Mr. Clanton objected.

Ms. Bennett: "Have you taled to your wife about this?"

Meserve: "As least as possible. Talking to my wife about this is not something I want to do. I cheated on her. We are trying to work it out."

Ms. Bennett: "You lied to her about why you had to leave the night of the incident with Jane Doe #2?"

Meserve: "Yeah."

Ms. Bennett: "You lied next morning when you told her you were going straight to work?"

Meserve: "yeah."

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