Clanton's cross examination in Meserve case big on theatrics and short on facts

The cross examination of DA Investigator Kyla Baxley by Mr. Russ Clanton, who represents Kailan Meserve, was big on courtroom theatrics, short of facts supported by testimony during the preliminary hearing and mostly questions and assertions by Mr. Clanton, that may or may not be proved at jury trial.

There were a few points raised that could be answered by the People at jury trial when they present all their witnesses.

On Wednesday, Mr. Clanton's questioning of Ms. Baxley about Jane Doe #2 failed to impeach her testimony. He asked questions such as, "Did she tell you about spending time with Mr. Meserve and his wife?" Ms. Baxley responded, "Just time spent in community setting." Same as her direct testimony.

"Did she tell you he assisted her in getting set up at Ashley's residence?" The question has no relevance to the alleged rape.

"Did she tell you about a jacket he gave her and  tension between his wife and her due to perceived flirting?" Ms. Baxley responded, "Yes, I recall that." So, the answer only adds to the truthfulness of Jane Doe #2. It also shows that Meserve contributed to that tension by giving Jane Doe # 2 the jacket.

Then Mr. Clanton asked if Ms. Baxley was aware of the relationship between the Groeling family and the Meserve family. "My understanding is that the families are very close." Again, did not impeach Ms. Baxley or Jane Doe #2. In fact, it bolsters the fact that Ashley Groeling identified Kailan Meserve in a photo array as the one who her friend Jane Doe claimed as her rapist.

Mr. Clanton asked that the afternoon of the incident whether Jane Doe # 2 or Mr. Meserve's wife were uncomfortable being around each other to which Ms. Baxley responded that Jane Doe said no.

Ashley Groeling made a statement "they were all tanked" that night.

The three points that were raised during the cross that were in favor of the defense were one that Meserve had performed construction on the Groeling house and that he could "come and go as he pleased" according to Mr. Clanton; that Jane Doe # 2 said that Meserve did not threaten her, and that since Ashley Groeling was sleeping downstairs in an open area, Jane Doe # 2 could have alerted her because her mouth was not covered all the time and Meserve left for a period of time before he came back the second time.

Similarly on his cross examination of Jane Doe # 1, Mr. Clanton made a couple of valid points and on other questions only bolstered the victim's credibility  as well as Ms. Baxley's.. "Do you know a week later, she met with people in Petrolia about rumors about her and Mr. Meserve?" Investigator Baxley said, "Yes."

"Are you aware that she did not want this to be prosecuted?" Ms. Baxley said that was not said to her directly. "Jane Doe did not seek medical attention?" Ms. Baxley responded, "That is correct."

On re-direct, Ms. Bennett asked Investigator Baxley about concerns that Jane Doe # 1 had and Ms. Baxley said that "she told me she began to panic when Mr. Meserve turned in a different direction."

"Did she tell you that she had agreed to go anywhere other than home?" asked Ms. Bennett. Ms. Baxley said it was Jane Doe # 1's "understanding" that she was getting a ride home. In response to DDA Bennett's questions, Ms. Baxley said that Jane Doe # 1 showed resistance by "fidgeting and slowly removing her clothes." and that she did not consent because "she did not kiss him back".

Meserve did not exit the trailer at any time when he was with Jane Doe and that she was not familiar with the area (according to testimony, she had only been there about a couple of months) and that she felt she had "no other options" but to go inside the trailer.

Kailan Meserve