Jul 1, 2014

Allegations of kidnapping, human trafficking, forcible rape and more in Anderson jury trial

The allegations above also include oral copulation, sexual intercourse with force and violence,  one alleged victim between the ages of 14 and 18 and sexual battery. And this is just the charging document.

Today DDA Luke Brownfield and Anderson's attorney, Ben McLaughlin gave opening arguments.

Mr. Brownfield opened with, "In preparing my opening statement for you, I wrote what I wanted to say, what they taught me in law school. I scrapped it this morning. What you are going to hear is what you are going to hear in this case."

Mr. Brownfield continued by saying that while she does not recall dates, the jury would hear Jane Doe say that she was at the Arcata Plaza and saw a man there who she knew and asked him for a cigarette. He said he didn't have one but his buddy did. They walked to a van, a guy who she knew as Johnny, whose is Anderson,  said he had cigarettes but he needed to move his car. She got in, he moved it to an area behind the Plaza and another man got in the van. Then Anderson told her he needed to take this guy home, then they could go get cigarettes. They dropped the guy off. As he was driving, Anderson talked to her about him being a pimp and how much money she could make as a prostitute. Jane Doe told Anderson she would never have sex for money. Jane Doe said that at this point Anderson got mad. When they kept driving pas gas stations, places where they could get cigarettes, Jane Doe got worried and reached for her backpack which had her cell-phone. She could not find it. At this point, Anderson said something like, "Stupid bitch. Do you think this is my first hoe?"

Jane Doe said that Anderson grabbed her head, unzipped his pants and forced her to have oral sex. She tried to see where they were and all she could see was woods. Anderson then stopped the van in some remote area, forced her to the back of the van and raped her. "He forcibly removes her clothing, gropes her, threatens to kill her, throw her off the cliff," said Mr. Brownfield. "He doesn't ejaculate in her, does not wear a condom, again forces her to give him oral sex. and then ten minutes later ejaculates in his t-shirt."

Then Anderson tells Jane Doe something like, "You are now one of my prostitutes." He drops her off at Wildberries and tells her not to tell anybody. She does not want anyone to know what happened to her.

"Two-three weeks later she has symptoms of a STD, " said Mr. Brownfield. "She gets tested." She tells the nurse what happened. The nurse tells Jane Doe she has to report as a mandated reporter. It is at this point that Jane Doe calls the police.

"There is no DNA evidence to corroborate, no physical evidence. "It is your job to listen and decide if Jane Doe is telling the truth. It is your job to decide why she would make up a story."

Then Mr. Brownfield spoke about J.M., Jane Doe #2. A woman Anderson met at Sbarro. He initiated a long distance relationship with her, gained her trust, invited her to Sacramento for a weekend. Picked her up and "the first night they hung out. They drank and had a good time. The next morning, in her own words, all hell broke loose," Mr. Brownfield continued. "Mr. Anderson came at her with slutty clothes and said 'you are going to walk the streets. You are going to be one of my prostitutes'." When J.M. said no, and cried, he yelled at her. Anderson told J.M., "If you leave, it will only be worse for you." J.M. said she cried for 8 -9 hours and he kept yelling at her. "She did not have her cell-phone, her stuff, she was alone, in a strange place and did not know what to do."

Anderson left and came back and then said, "You don't have to walk the streets, you can work at my friend's brothel. he only gave her two choices. Work the streets or work in the brothel. The only choice Mr. Anderson gave her was to be a prostitute. Eventually, reluctantly, she went to the brothel. She was forced to have sex for money. She gave every dollar she earned to Mr. Anderson."

N.Q., Jane Doe # #, "was once in a dating relationship with Mr. Anderson". In a trip to see him in Washington, she found pamphlets and photos under his bed which were advertisements for prostitution. N.Q, broke off her relationship with Anderson and ran into him in Humboldt a while later. he askjed her if she needed a place to stay that night. Anderson talked to her about making money as a prostitute. N.Q. said she would never be a prostitute. That night she kicked him, fought him and ultimately got away.

M.V. , Jane Doe #4 met Anderson at the strip in Las Vegas. They exchanged numbers and met later. Anderson said he had pot and they should smoke. She got into his car. He grabbed her purse, took her to a RV Park on the outskirts of Las Vegas. Anderson told her that she was going to become a prostitute for him. "He threatened her, he then left her. She thought this was a test, if she walked out, it could get worse."

Anderson came back. "She was on the bed. He had sex with her." Anderson threatened her with what he would do to her if she did not prostitute for him.

Mr. Brownfield concluded by saying, "The things he did no one should do to another human."

Mr. McLaughlin opened his remarks with, "We can overlap and agree on some points. Both Mr. Brownfield and I need you to listen to evidence carefully and scrutinize." He brought up presumption of innocence and the prosecution proving their case beyond a reasonable doubt.

"You will hear allegations, you will also need to pay attention to lack of evidence."

Mr. McLaughlin said that Jane Doe did not report the incident for "a month and a half. There was no DNA evidence. Law enforcement did not seize surveillance video. They did not search Mr. Anderson's vehicle or house. In short, investigation was non-existent."

Mr. McLaughlin said that Anderson did not test positive for chlamydia . He said the jury will hear from witnesses dating Anderson at the same time he allegedly raped Jane Doe and that they did not have chlamydia. "It is important that you pay attention Jane Doe does not remember when this happened. You will hear evidence from cell-phone records that disprove Jane Doe cell-phone allegation. Her cell-phone was used."

"Mr. Brownfield wants to tell you what evidence will show. I want to tell you what evidence does not show. Because of evidence lacking, you cannot find Mr. Anderson guilty beyond a reasonable doubt."

Anderson dressed in a light blue pinstriped shirt sat next to Kevin Stonebarger, defense investigator. Kyla Baxley, the DA investigator on this case was present with Mr. Brownfield.

There have been previous posts on this case including coverage of J.M.'s testimony in an evidence hearing before jury trial.  This trial is going on at the same time as the Bodhi Tree trial.

http://johnchiv.blogspot.com/2014/06/because-of-my-situation-i-felt-i-had-no.html

http://johnchiv.blogspot.com/2014/06/ex-girlfriend-of-bodhi-tree-who-also.html

http://johnchiv.blogspot.com/2014/04/david-anderson-and-jason-warren-court.html

http://johnchiv.blogspot.com/2014/04/human-trafficking-with-minor-new-count.html

http://johnchiv.blogspot.com/2014/05/anderson-ferrer-bodhi-tree-hillegeist.html

http://johnchiv.blogspot.com/2014/03/anderson-prelim-today-case-to-proceed.html"
http://johnchiv.blogspot.com/2014/05/will-david-anderson-trial-commence-as.html

http://johnchiv.blogspot.com/2014/02/former-deputyda-ben-mclaughlin-now.html

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