Currently California Evidence Code 402 hearings are being conducted in Courtroom 1 for the David Anderson case. Ben McLaughlin, defense attorney; Luke Brownfield for the People. Judge John Feeney is trial judge. These hearings are happening at the same time the Bodhi Tree trial is going on so I was only able to attend one morning of testimony.
The day I sat in Courtroom 1, Jane Doe resumed her testimony. She would not look at Anderson, with her head down and just listening to the attorneys question her, Doe gave her testimony.
She worked at the Cat house for four months and then started working independently. "I posted ads. You make more money. You don't have to pay the 40 percent." Doe said that "David" told her to post the ads.
"You go online, you go to certain websites, put picture on the website, write an ad for yourself, then you get a phone call, meet up with a client in a hotel room." Doe just stated this matter-of- factly. She said Anderson took pictures of her, a guy who knew him took pictures of her, and a "professional who takes pictures of girls like me."
Doe said she was with Anderson for six months and during that time period, she was sexually active with him.
Mr. Brownfield: How often?
Doe: Pretty frequently."
Mr. Brownfield: Did you want to be sexually active with Mr. Anderson?
Doe: "Ummm, I am going to have to say...yeah, there were times."
Mr. Brownfield: "Were their times you did not want to be sexually active with Mr. Anderson?"
Doe: I didn't want any of this."
Mr. Brownfield: "There were times you did not want to be sexually active and yet you did so anyway. Why?"
Doe: "I felt I had no choice."
Mr. Brownfield : "Why did you feel that way?"
Doe: "Because of my situation, I felt I had no control over what my body was doing; it was David's decision."
She continued, "Because I was forced feeling a threat to my life, forced to do with my body what I didn't want to do...by bringing me to the CAT house."
Mr. Brownfield: "Did you feel you were forced to have sex with Mr. Anderson?"
Doe: "Physically or mentally?"
Mr. Brownfield: "Were you forced physically?"
Doe: " Sex is a physical act."
Then with her head down, she paused and added, "I wasn't fighting back."
Mr. Brownfield: "You were not fighting back but you were forced?"
Doe: "I guess I was forced."
Mr. Brownfield: "Were you forced mentally?"
Doe: "Absolutely. There were times I didn't want to because of my long day with everyone else. But he wants it. He says I want to and so I do it."
Mr. Brownfield asked her about threats and Doe replied that he threatened her family, he threatened to go after her 14 year old daughter. When Mr. Brownfield asked about specific times she felt threatened, Doe responded, "Every minute that I was there."
Mr. Brownfield: "Before you met Mr. Anderson, had you engaged in prostitution?
Doe: "No."
Mr. Brownfield: "Had you been exposed to prostitution?"
Doe: "On TV. On the street saw drug addicts. No personal exposure."
Mr. Brownfield asked Doe if she used drugs when she was with Anderson. She said she used ecstacy three times a week. She did not do any other drugs and she drank "a couple of times a week."
Doe then went into details about the three times she tried to run away. Once just escaping in a cab, going to a hotel, ending up calling him that first time in two weeks because she had run out of money. Her mom was going to be homeless and she needed to help her mother. She said she thought of jumping over the balcony. "I decided to give up. I had nowhere to go."
She then described what happened when he came to her hotel.
"When he got there, he slapped me. Said I should have run when I had the chance. Then we went straight to bed and we had sex."
The second time she escaped, he found her because she posted ads on the internet. He called her and said he had "slit her tires" and that he was "going to kill her" or have "someone kill me" and that "he owned me; I was never going to get away."
On cross, Mr. McLaughlin asked her why she never called law enforcement. He was able to get her to admit some inconsistencies in times.
She was working at Sbarro's in the mall when she first met Anderson. he would stop by and "hit on her". She was living with her mom. Mr. McLaughlin said, "expenses were tight?" She said she did not really get to know Anderson until one night at Club West, and that night she hooked up with him, "We had sex."
He left to go to Sacramento and they had a relationship over the phone. She mentioned to him about trouble with finances. She ended up going there with him. She told Mr. McLaughlin that Anderson never left her alone physically; that there was always someone watching her. She also said that she did not run away in the beginning because as a white girl she did not feel safe in the neighborhood. Anderson is African-American.
An offer was made before this hearing to Anderson that he rejected. That offer would not have required him to register on the sex offender registry but it would have been a registrable sex offense and law enforcement would be aware of his status. Friends and family that have been attending the court hearing wanted him to take the offer.
Previous info on this case:
In addition to the charges from the first case, an additional count added: human trafficking involving a minor. This is Count 8. Penal code 236.1 (c)
Also added were two counts of special allegation of felony sex offense and serious sex offense have been added to the charges. Bail that was set at $850,00 has not yet been posted.
Judge Miles presided over the preliminary hearing in the case that had been refiled. Anderson was arraigned for jury trial. Ben McLaughlin, defense attorney; Luke Brownfield for the People. Judge John Feeney is trial judge.
A previous case involving David Anderson, a felony with charges of kidnapping, rape by force, forcible copulation of a minor victim, sexual battery, unlawful sexual intercourse, threats to commit crime resulting in death and false imprisonment was prosecuted by Luke Brownfield for the People with Ben McLaughlin representing the defendant was dismissed on 2/24/14 by Judge Feeney. The defense had filed a motion that there was failure to provide adequate discovery. Count 1 of kidnapping and Count 6 threats to commit crime resulting in death were dismissed earlier in the case. The case was dismissed the day jury trial was to proceed.
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