Jun 14, 2016

"He doesn't like that, he pushes me back on the car. "I am trying to stand up. My hands are in front of me. I said, 'what the hell" He said, "yeah, you like that'. He is sliding my underwear and violently pushing his hand inside me"





On June 9, most of the morning session in Jason Daniel's case was taken up by the testimony of Jane Doe #1.

She walked in by herself, she had a hospital bracelet on her wrist, some bandaids.

Deputy District Attorney Brie Bennett asked her, "How are you feeling today?"

Jane Doe responded, "I've been feeling better. I am going through a detox program. I thought it would be better for the case but my mind was jumbled. I'm trying my best."

She went to say that she was "taking meds to be off heroin. I typically use heroin but I haven't lately. I want to get better. No heroin last night; no heroin 3-4 days ago."

"The incident is not as clear but I do remember the truth," said Jane Doe. "I still remember what happened."

Ms. Bennett asked if the questions were confusing and about her struggle testifying.

"It's just me," said Jane Doe. "What I am going through my head. Detox takes a long time, a long time. It has been a long time since I have been off drugs."

She told Ms. Bennett that in 2013 she was using drugs. She was not sure what she using but she said her drug use has been consistent since 2013.

This morning she remembered being in custody in 2013 for violation of probation.

Ms. Bennett: "When you were in jail, did you see someone?"

Jane Doe: "Yeah."

Jane Doe: "That person had done," then she paused. "If I am leaning forward, it's because I am tired, sorry.

Ms. Bennett: "Are you tired?"

Jane Doe: "In my street life, I am not used to sleeping on a bed a lot, mostly chairs and couches. This case has stressed me so much. I stayed up crying and pacing back and forth. This case has taken a definite toll on me."

"I contacted my attorney, I believe Mr. Brown, I didn't want to be in jail with the person who had done things to me. I was molested before. It was bringing up unnecessary drama. Jail is crap anyway," said Jane Doe.

"I needed to talk to someone to see what I was thinking in my head was true."

Jane Doe # 1 identified DA Investigator Kyla Baxley as the person she spoke with from the DA's office.

Ms. Bennett: "Did you tell Ms. Bennett you were scared?'

Jane Doe: "Yes, I did."

"I talked with her about many things,." said Jane Doe. "Like now my mind was jumbled. Like I need coffee." She said that Investigator Baxley showed her a photo line up and she saw the person who had assaulted her. Asked about that interview, Jane Doe said, "Sometimes questions, sometimes no. It was a few years ago. It's hard to recall."

Ms. Bennett asked her if she knew who assaulted her and who she interacted with in August 2013. That day, Jane Doe # 1 was able to identify Daniels in court.

"Yes, we were by John's Auto Wreckers. Me, Ruby and it was Officer Daniels. Ruby is a friend of mine. Her and I were having an altercation about what she was doing in my boyfriend's trailer at that time. I was yelling so that's why the cops showed up, apparently. But there wasn't too much said about that incident going on that night."

"I was yelling inside the trailer and I had stepped out." Her boyfriend Jose, (now ex-boyfriend), she said followed her out and pushed her. Ruby followed her outside. They talked and made up and were hugging, when Daniels arrived.

"He asked both our names and what was going on," said Jane Doe. Ms. Bennett asked if she was on probation at that time. "Was I? No. I can't remember. I think I was on felony probation."

Jane Doe said that she remembered "Ruby getting a brief pat down and she was put in the backseat"
of Daniels' patrol vehicle. "It was white, a Sheriff's vehicle. " Then she said that Daniels was wearing "black. But, I know I am totally wrong about that, it's tan. He was wearing a tan uniform." Jane Doe said it was "definitely nighttime/early morning around 2 or 3."

"He told me to put my hands on the vehicle. Wait, he could not have done that. I was handcuffed. he put handcuffs on me." She said he told her to walk to his vehicle and sit on the front of his hood. "I asked him if I was being arrested. He said, "we are finding that out now.'"

"My mind is clear. This is amazing. Maybe my being clean is a good thing. It was harder for me to describe before, in the months back. My hands were in back of me. He said, "you need to be searched.' I remember being catty. I was pretty messed up that night. Intoxicated, completely inebriated." Jane Doe said she only had alcohol.

Ms. Bennett: "What do you mean catty?"

Jane Doe: "I can be like, strike back., smart ass, especially when I'm drunk."

"He doesn't like that, he pushes me back on the car. I am trying to stand up. My hands are in front of me. I said, 'what the hell" He said, "yeah, you like that'. He is sliding my underwear and violently pushing his hand inside me while shining his flashlight in the traffic so no one can see anything. That was bold."

Ms. Bennett: "Sorry to ask these questions?"

Jane Doe: "I mean not his hand, his right two fingers."

Ms. Bennett: "When you say inside, what part of your body?"

Jane Doe: "My vagina."

Jane Doe: "He was thrusting and grinding himself against my buttocks. I could feel his hard penis in the backside of my area."

Ms. Bennett: "How long did this go on?"

Jane Doe: "It felt like years. I wanted him to stop. It just seemed if I played along with it, it would stop sooner. I thought if I said, I will call you later, he'd leave me alone. He was trying to get me to rub on him and I said no, no. no. He went from my breasts, groping my breasts, inside my shirt, on top of my bra, then put his fingers in my vaginal area."

Jane Doe said "some things seemed to be a little bit more clear" now than the preliminary hearing. "It's not recollecting better, it's like a smell you remember."

"I chuckled and said am I under arrest? We can spend time later but I need to go to my boyfriend. He pulled his hand out. He said 'sit in the car'. I got into the backseat. He was not in the car yet. I told Ruby, 'you got my back?' You seen what he did?' She said, 'yeah.' I'm going to want to fry this guy. He shouldn't have been sticking his fingers in me. He shouldn't be out there on duty fingering women."

Jane Doe said that Daniels asked if  "Ruby wanted a ride and Ruby said yes, to the Clarion."

Ms. Bennett: "Did you go with them in the car?"

Jane Doe: "I don't know because I thought he might still be taking me to jail. I don't recall what I thought. I don;t think I had a choice. He made me feel like I had to go."

"This is not a normal day for me by far. I've been intoxicated all my life. When a person is not intoxicated, it is terrifying. You don't know how to answer. I've been on drugs for life. After this, I want to get past this and get better."

After they dropped Ruby off, "he asked me if I was hungry. It's too bad, it's too late at night, we could get a hotel." She said she sat in the front passenger seat. "It was Mr. Daniels' idea for me to move to the front seat. I thought, he must really want me bad." She said she thought this because "he had a lot of things he was moving them. I was someone he did not know." She described laptop computer, a donut wrapper. "He asked me if I needed anything to drink."

"We were driving back to where we were before. He wasn't worried about cops seeing him, like he was on a regular date, like I was his prized possession. It was very odd to me. That's when I started getting scared."

"He asked me if I wanted to give him sex," said Jane Doe.

Ms. Bennett: What did you understand that to mean?"

Jane Doe: "Perform oral sex."

Jane Doe: "I said no, absolutely not. If you want, you can write your number or something. I just remember me wanting to get out of the car. So, I said whatever I could to get him away from me."

Ms. Bennett: "During that ride, did he express any concerns?"

Jane Doe: "He said, 'nothing is going to be said about this right? I said no, no. I'm not going to tell a goddamn soul."

"It is not a personal thing at all. If any officer had done this," Jane said. When they got to John's Auto, he gave her his number and "he sped off."

Ms. Bennett: "Do you remember the preliminary hearing?"

Jane Doe: "I'm not sure."

Ms. Bennett: "When you testified at the preliminary hearing, were you detoxing?"

Jane Doe first said she "was not under the influence", then said, "depends on what time period" and said she had been using heroin.

Ms. Bennett asked Jane Doe if she told Daniels about an ad on backstage.com

Jane Doe: "No m'am. Yes, I am familiar."

Ms. Bennett: "What is it used for?"

Jane Doe: "Giving back massages. It is used for all sorts of things."

Ms. Bennett: "Is one of the things it can be used for, sex?"

Jane Doe: "Most of the guys do not want to have sex, they just want to spend time with you; they are lonely."

Ms. Bennett: "Did people from my office have to come get you before you testified here?"

Jane Doe: "Yeah, I was trying to find a lawyer. I was in such a bad head space, they sent me out of the area."

Ms. Bennett: "Have you spoken to a civil attorney about this case?"

Jane Doe: "Yeah, I have about two months ago." The lawyer is not from Humboldt County, she said.

Ms. Bennett: "Have you ever filed a suit against Mr. Daniels?"

Jane Doe: "Do I have to answer that?" looking at Judge Timothy Cissna.

Judge Cissna said, "Yes."

Jane Doe said that she did not file a civil suit.

Ms. Bennett asked her about EPD Officer McElroy. Jane Doe asked for the first name and then said yes, she knew him.

Ms. Bennett: "Do you remember telling him you had gotten officers fired before and not to be the next one?"

Jane Doe: :I don't remember saying anything like that."

Ms. Bennett: "Do you remember being upset with him?"

Jane Doe: "No, I don't remember."

Ms. Bennett: "Have you filed a complaint against Officer McElroy?"

Jane Doe: "Honestly, I do not remember. Is this in Humboldt County."

Court then recessed for the mid morning break.


2 comments:

  1. This sounds like Jason was railroaded from the beginning. The DA and Sheriff IA unit put too much emphasis on taking the word of a drug addict/street prostitute. Jason has lost his job and reputation now. How does Ms. Bennett and the Sheriff feel about that?

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  2. If you read the juror's comments in the Mad River Union and reference to a 402,hearing on my blog plus the DA's comment, not all evidence was allowed. Jason had an excellent lawyer. The jurors did believe the victim, they just felt they could not all vote beyond reasonable doubt.

    Did he do it? Maybe not? Maybe he did. We will never know.

    Are you family or friend? Anonymous comments can be made by anyone.

    Jason seems to be doing quite well with his business. His reputation was corrected by a lot of media coverage. He cannot be tried again.

    Those of us who attended the trial don't really feel the complete truth came out. Maybe he is innocent but I would have liked to hear the evidence that was excluded.

    ReplyDelete