Apr 18, 2016
"She was frozen with fear... She tells him no. He doesn't stop. After that she doesn't say no."
We all have the right to make choices in our life," said Deputy District Attorney Brie Bennett in her closing to the Kailan Meserve jury on April 14. Where to live, where to work, who to have sex with were few choices she mentioned. "The defendant had no right to take those choices away from the women in this trial."
She continued with summarizing the events that lead up to Jane Doe #1 coming up to Humboldt, how she met Meserve, who she socialized with in Petrolia.
On November 8, 2014, there was a fundraiser for firefighters, "lots of drinking, fun, socializing. Jane Doe had too much to drink. The defendant said she was stumbling, mumbling. She was black out drunk. She passed out on the toilet with her pants down."
"Defendant kissed and fondled her. Later she was sick. People became upset with the defendant." In Meserve's own testimony, he said he left Jane Doe outside to get sick and had no idea why people were questioning him about her whereabouts. He was the last person to see Jane Doe #1 before she was found passed out in the bathroom.
"Next day, the defendant came to apologize for prior night." Referring to Sam Epperson's testimony, she reminded the jury that Meserve stopping by Epperson's was unusual. "There was tension between them." She reminded them of the flashlight Meserve had in his pocket, which before he pulled out, told Epperson, "What are you going to do about it?" when Epperson did not want Meserve on his property. "Defendant does not talk to Jane Doe #1 but stands right by her." This is something Meserve himself acknowledged on the stand.
November 9, 2014 was ping pong night at the Community Center. "Jane Doe # 1 staying with Kyle and Vanessa", not at Cedar's as defense speculated. Ms. Bennett said their home is further than Cedar's home.
"It was dark and it was raining. The defendant offered a ride. She accepts because she is curious about the night before. She has seen him around, thinks he is a safe person, she gets into the truck. He doesn't take her home. He takes her to his property."
Ms. Bennett brought up how Jane Doe #1 expressed wanting to go home. "She is not familiar with the area. There are no people around. He takes her to a trailer, it is dark and isolated. He directs her to take off her clothes. He threatens her. Tells her he will freeze her and feed her to the animals. He tells her does not want her seeing anyone else. He calls her his bitch. She said no."
"She was frozen with fear. There was no one around. She doesn't know where they are. She tells him no. He doesn't stop. After that she doesn't say no. She is afraid he will hurt her worse if she fights."
"She testified she was scared. She testified she was still scared in court, well over a year later."
Ms. Bennett described the various sex acts between Jane Doe #1 and Meserve. She brought up the choking. "He made comments to her about not being able to handle it. After these horrific acts, she got dressed as quickly as she could. She asked him to take her to the closest place she felt safe; Cedar's home. Eventually, she got the courage to tell people, eventually she called the police."
Then Ms. Bennett described the December 2013 incident with Jane Doe #2 summarizing everything that led up to the night of the alleged assault. "This incident happened two and half years ago, some memories have faded."
"Jane Doe #2 had met Mr. Meserve before, she had met Monica Meserve before. There were no romantic feelings between Jane Doe #2 or Mr. Meserve. No interest by either party."
"They spent the whole day drinking together. She felt safe. She felt she was in a place where she could be herself and have fun."
"Jane Doe #2 had a good night, thinking it's over but it's not over. She goes to sleep. She waked up to find the defendant on top of her. She tries to say no. He puts his hands over her mouth, grabs her by the hair when she tries to wiggle away. She wasn't thinking right. She didn't think of calling down to"
"She was frozen with fear."
"Scared, distraught, nervous, it was horrifying. She said no.She said stop. He told her to be quiet."
"She did not know what this man was capable of; he spent the day with her and his family; he shows up uninvited in the middle of the night. She wakes up and he is on top of her."
Ms. Bennett then described the various sex acts between Jane Doe # 2 and Meserve. She pointed out the similarities of the sex acts that happened with Jane Doe #1 and Jane Doe #2.
"He leaves. She is in shock.She has been drinking all day. She doesn't remember falling asleep but she must have. He comes back. He does everything again, except she cannot remember if he put his testicles in her mouth, the second time. He left again."
"More time had passed this second time, since she had been drinking. She didn't know if he would come back a third time. She was totally out of her mind and knew she had to do something."
"She goes downstairs and wakes up Ashley. Tells her she has been raped, twice. Ashley said that Jane Doe # 2 was not a crier but she was crying uncontrollably. Ashley also cries."
"They go to Jeff Groeling's house. Then go back to the house to sleep. Jane Doe #2 leaves the next morning. Jane Doe # 2 did not have the courage to call the police until she heard that it happened again, to someone else."
"She doesn't want to talk about it. She wants to pretend it didn't happen. She just wants to move on. Then she hears, he did it again. "
Ms.Bennett mentioned that the evidence the jury heard from both victims about the sequence of events was "more or so consistent."
"If each person had the same exact story, it smells like a lie."