Jul 25, 2016

Kailan Meserve denied new trial, will be sentenced this Thursday

Today at 4 p.m. setting for sentencing and motion to for a new trial was scheduled in the Kailan Meserve case.

Kailan Meserve's motion for new trial denied, he will be sentenced this Thursday at 10 a.m.

The defense had until today to file  supplemental information to their motion for new trial. And the defense waited and filed it today. People filed an opposition.

Meserve's attorney, Mr. Russ Clanton said "In the supplemental, we have outlined  our inability to proceed on certain elements we intended to."

Deputy District Attorney Brie Bennett submitted on her "pleading."

"There is sufficient evidence to support the verdict of the jury," said Judge Cissna. Motion for new trial is denied."

The sentencing is expected to take an hour with both the defense and the People, expecting each side to take 30 minutes.

Mr. Clanton said he had filed a comprehensive statement of mitigation on Meserve's behalf and that four people would speak in support of Kailan Meserve, including his wife Monica Meserve.

There were family and friends of the victims present in the courtroom, as well as people supporting Kailan Meserve, including his father Dave Meserve, sister Amy Meserve and wife Monica Meserve.

No other media in court.


Jul 12, 2016


"I cannot imagine people in Petrolia are not aware of this case. What hasn't happened in three months is any declarations from these people?"




The defense in the Kailan Meserve case filed a motion for a new trial yesterday afternoon. The 4 p.m. hearing was already scheduled to either sentence Kailan Meserve or to have a decision to be made to continue sentencing. At 4 p.m. Judge Timothy Cissna heard mostly from Mr. Russ Clanton, Kailan Meserve's attorney. Mr. Clanton also said that he had filed a statement of mitigation, in case of sentencing.





Like the previous hearing, when asked for remarks, Mr. Clanton just recapped what the July 11 hearing was about, then gave another vague statement  about the motion for a new trial. "This is an informal draft to continue the sentencing. Reasons why we need more time. Reasons I argued prior."

This must have been the document he handed Deputy District Attorney, Ms. Brie Bennett, earlier in the morning.

"As the court is aware, the verdict was on April 19," said Ms. Bennett. "Today is 9 days prior to three months ago. Good cause has not been provided. There are three statements in that motion listed by Ashleigh Groeling. Despite having just received the motion for new trial this afternoon, we contacted Ashleigh Groeling. She said she never made these statements."

DDA Bennett also said that the People spoke to Ashleigh Groeling, Jane Doe #1 and Jane Doe #2 about the defense claim that they met during the trial and discussed testimony. "All three said that did not happen."

"The victim's families sit here in limbo, waiting for closure," said Ms. Bennett.

"I need to address the motion for new trial," said Judge Cissna. "Obviously, it has been an extraordinary amount of time since the April 19 verdict."

"There are a lot of references in Mr. Clanton's motion about transcripts," said Judge Cissna. "I was the trial judge, I took volumnious notes. I don't want to hold these up for transcripts."

"I ask you to deny this motion outright," said Ms. Bennett.

"I know you want me to," said Judge Cissna, but bringing up the issue of not wanting an appeal, Judge Cissna asked Ms. Bennett, how long she would need to respond and file an opposition to Mr. Clanton's motion.

Ms. Bennett was willing to to do that by today, but by the end of the hearing, Judge Cissna said she could "on or before July 25."

Mr. Clanton went on about the same old reasons why he needs these transcripts and this time and added, " A number of witnesses have been energized after the trial."

"I cannot imagine people in Petrolia are not aware of this case," said Judge Cissna." What hasn't happened in three months is any declarations from these people?"

Again, Mr. Clanton mentioned that the initial investigator on this case had to bow out due to a conflict; then Cisco Lassister (the investigator for one of the Public Defender offices) "was not able to perform these duties." He mentioned Mr. Lassiter at the last hearing. Now, Mr. Clanton said he needs to find and bring another investigator up to speed.

"A number of people know Mr. Meserve, a number of them are on his side," said Judge Cissna. "Why can't you get them into your office."

It was deja vu of the last court hearing except with the 5 p.m. hour was approaching, and seeing that he once again, had pushed the limits, thankfully, Mr. Clanton's repeat performance concluded in a shorter time frame.

The end result was that Judge Cissna told Mr. Clanton that on July 25 is the deadline "for you to file whatever you want or to show good cause."

This was after Judge Cissna told Mr. Clanton, "I have repeated this three times and I will ask you again, when can you make this happen?"

Family members of the victims were present in court. Monica Meserve, Dave Meserve, Amy Meserve, and other supporters for Meserve were also in court, took up four rows. Very similar to his arraignment.





Jul 11, 2016


More evidence that Meserve family is trying to influence witnesses and the case: Asleigh Groeling offered $25,000 to recant testimony?

After my post yesterday, I was contacted by two people. Both these people know all parties involved in the Kailan Meserve case.

I have spoken with both people. They told me that Ashleigh Groeling, who testified on behalf of Jane Doe #1 in the Kailan Meserve case, told them she has been offered $25,000 by Amy Meserve to recant her testimony. She also told my sources she is being pressured by several people to write a letter to Judge Timothy Cissna in support of Kailan Meserve.


Jul 10, 2016


Petition being circulated in Petrolia on behalf of Kailan Meserve, his sister spotted yesterday with a clipboard, one day before hearing on motion for new trial and sentencing




Few people contacted me yesterday saying Amy Meserve was in front of the Petrolia store with a clipboard on Saturday and was circulating a petition from people to support her brother Kailan Meserve.

The petition asked for Kailan Meserve to get a lighter sentence.

Today, this was posted on a bulletin board by a Petrolia store.




Considering the fact that there is a hearing pending on the motion for a new trial for Kailan Meserve to be heard again on Monday, July 11 with the defense claiming some witnesses want to change part of their testimony; the People saying they were contacted by certain key witnesses being "encouraged" to change their story, and the Meserve family's influence in Petrolia, how accurate would the signatures on this petition be? Is this an attempt to sway Judge Timothy Cissna and future court proceedings?

Jul 2, 2016


Are witnesses for the People in the Kailan Meserve case being pressured to change testimony?

Another delay yet again, in the afternoon on July 1 for the motion to continue sentencing for a new trial and scheduled sentencing for Kailan Meserve. Now, that motion will be heard on July 11 at 4 p.m.

There was a lot of back and forth for Meserve's attorney, Mr. Russ Clanton, to provide good cause, and he reluctantly and finally gave some information, which Judge Timothy Cissna said was still not sufficient for him to make a decision and not specific enough. This information had to be painstakingly coaxed out of Mr. Clanton. Judge Cissna continued the hearing for the motion to continue sentencing, to make sure there were no appeal issues.

Some questions unanswered are: Why is an investigator for the Public Defender working on the Kailan Meserve case? Due process works both ways, what is this secret information that may or may get a new trial for Kailan Meserve? There was some information finally given but the DA's response raises the question, if the defense has anything or is anyone pressuring witnesses to change their testimony.

Ashleigh Groeling's brother is best friends with Kailan Meserve and he testified for Meserve. Groeling testified on behalf of Jane Doe #1.

The afternoon session started out with Judge Timothy Cissna asking Meserve's defense attorney, Mr. Russell Clanton, to address "good cause to continue." Judge Cissna reiterated that he was aware that Mr. Clanton needed transcripts from the jury trial of two witnesses. The transcripts issue has been addressed before.

"We were contacted by two number of potential witnesses and they have material and substantive material for a new trial;" responded Mr. Clanton. Transcripts are needed to show how this evidence would be relevant." Mr. Clanton said he had talked to the court reporter and this would take a month.

"The difficulty I have with this statement is that it is vague and what you said in your motion. I need specifics," said Judge Cissna.

"Number of statements were made by complaining witnesses, evidence refutes some of those statements," said Mr. Clanton. "I am comfortable saying what in chambers, not in open court."

"I don't understand your reluctance," said Judge Cissna. "You will be filing a motion that will lay everything out. I need something other than these vague, non-specific statements. Isn't the DA entitled to question the same witnesses."

"This is a small town," said Mr. Clanton.

"Ultimately, the pleadings are all open record," said Judge Cissna. "You can file a motion now, with a supplemental with transcripts later."

"We had an investigator in this case, that investigator came about a conflict and left the team," said Mr. Clanton. "We acquired a new investigator, Cisco Lassiter, who needs to go over Adam Laird's information."

"How soon can you file a motion without transcripts?" asked Judge Cissna. "Not that it will be decided without transcripts, so the DA can respond?"

Judge Cissna wanted the motion to be filed within a week, Mr. Clanton said 2-3 weeks.

Deputy District Attorney Brie Bennett finally got a chance to weigh in. She told Judge Cissna that "the People are pulling their time waiver for sentencing."

"The defense has not provided good cause for sentencing" said Ms. Bennett. She referred to the same reasoning given by Judge Cissna.

Ms. Bennett added that "the defense has had two and half months to come forward, now they are asking for an additional two to three weeks. This will have a huge impact on the victims and the family."

"I am having serious difficulty because statements are non-specific," said Judge Cissna.

Finally, Mr. Clanton gave up a bit more. "We have been contacted by one of the so called victims that the statements they made under oath, that some of those statements were untrue." Mr. Clanton claimed that another witness said she had discussed testimony with another witness for the People.

Ms. Bennett responded that, "the People have also been contacted by Jane Doe #2 and Ashleigh Groeling that people are encouraging them to change their testimony."

Ms. Bennett also cited People v Alexander and a specific portion, which Judge Cissna took time to look over in court before continuing the hearing.
Previous post:

http://johnchiv.blogspot.com/2016/07/another-delay-yet-again-in-afternoon-on.html

1 comment:

  1. This man is a disgusting pig! He deserves to rot in Jail! All of his pathetic family members and friends who are defending him and minimizing what he did can rot with him as well. He raped 3 women!(1 will not testify) and his feral sister Amy is a pig as well and can go to hell as well, how dare she defends him and tries to get a petition signed to reduce his sentence?? KAILEN RESERVE IS A SERIAL RAPIST! Have fun in jail pig!

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