"He began to undress her, physically covered her mouth when she tried to speak. She tried to crawl out of the bed and he would pull her hair to keep her on the bed."

A year later after an alleged rape occurred "on or about Dec 26, 2013", District Attorney Investigator Kyla Baxley, spoke with one of the victims. The victim requested confidentiality and was referred to as Jane Doe #2. She had contacted a Deputy District Attorney who is an acquaintance after she had been referred to the D.A.'s office by HCSO's Deputy Haas.

Investigator Baxley was the only People's witness. The testimony is from her interviews with the two victims.

The alleged crime occurred the sometime during the night of December 25, 2013 and the morning hours of December 26, 2013. The victim was visiting friends in Petrolia, she lives in the Bay area and was a friend of Ashley Groeling.

On the night the alleged incident occurred, they met Kailan Meserve at the Yellow Rose, other people were also present. Jane Doe # 2 and Ashley Groeling went back to where they were staying, which was Ashley Groeling's dad's house (under construction at that time) and then to Meserve's house and then back to the Yellow Rose. After the that the two women returned to the house they were staying at.

Jane Doe #2 went to sleep in a loft area, her friend was sleeping downstairs. Jane Doe #2 "woke up to Meserve on top of her." Ms. Baxley clarified a minute later, "I believe he was laying on top of her."

DDA Brie Bennett asked how that made Jane doe feel. Ms. Baxley responded, "I don't recall the exact words, his entire demeanor made her surprised, scared and in shock." Initially, Meserve said nothing. "I believe Jane Doe responded, 'What are you doing?' 'I thought you had a wife and kids' and he covered her mouth.

"I believe Mr. Meserve said something to the effect 'No one will know' and 'Hush'," testified Investigator Baxley. "He began to undress her, physically covered her mouth when she tried to speak. She tried to crawl out of the bed and he would pull her hair to keep her on the bed."

Meserve was "forceful and quick" as he removed Jane Doe's clothes. She felt scared and threatened despite no outward threat. His demeanor intimidated her. "He attempted to have sex with her, attempted to put his penis in her vagina. He tried to get hard, he would attempt but was never was successful, when he was ocassionally hard, he would enter a little bit. She described him as frantic and forceful. I believe he forced her to suck on his penis, he orally copulated her and sucked on her breasts, made her touch his penis and testicles. She said he sucked and bit her breasts to the point they were sore for several days." There was also bruising on her breasts.

"She said she did not want these acts to happen. She said she felt afraid. She thought if she tried to resist, he would hit or harm her. When it stopped and he left, she wrapped herself in a blanket and tried to go to sleep and went back to sleep."

"Thirty minutes later, Mr. Meserve came back, again in bed, on top of her. Jane Doe indicated almost identical sequence of events; slight penetration, he was unable to remain hard, when hard he penetrated. The second time he digitally penetrated her. His fingers went inside her vagina."

"He was unable to get hard and he left." This time Jane Doe #2 went downstairs and woke her friend up. Meserve was identified in a "six-pack" by Groeling.

Jane Doe # 2 said she had met Meserve over a  year ago. "No direct, personal interaction with him prior" to this incident. Investigator Baxley was unable to speak with Meserve. There were two pretext calls made, one by Groeling, one by Jane Doe #2.  Investigator Baxley heard recordings of the calls.

In her interview, Jane Doe told Ms. Baxley that Meserve apologized "if anything happened between them" and that he remembers consent. Jane Doe "refuted" that and Meserve said that he did not remember that. He also called Jane Doe # 2 by Jane Doe #1's name and then corrected himself. Jane Doe #v 2 said it was a long conversation and she became upset with Meserve's responses.

Investigator Baxley spoke with another alleged victim on February 3, 2015 at the Arcata Police Department and this is an alleged incident that occurred "on or about November 9, 2014."

Jane Doe # 1 "is a traveling individual that came to Humboldt County looking for work, wanted to work in conservation, found work in the marijuana industry in Petrolia."

Jane Doe # 1 had seen Meserve at community events, she interacted with him one night at the Yellow Rose where she was with her friends, one named Troy, the other Kate Finnegan, who identified Meserve.

"Jane Doe # 1 did not remember what happened, her friends told her what happened. She was having a conversation with Mr. Meserve, her friend left to get a beer  and later they found her in the bathroom with "her pants around her ankles." She was concerned because she could not remember and hoped Mr. Meserve could shed some light. She asked him for a ride home, hoping to talk to him. He did not take her home. She asked him, "Where are you taking me? I want to go home."

He drove her to an area referred to as "the Grove." Jane Doe # 1 said she started to get a weird feeling and asked Meserve 'what was going on', she asked if he has a wife and kids because he was getting handsy."

"Jane Doe # 1 started to panic, she sort of froze because of his actions." They stopped at a trailer and went in. "She felt she had no option due to where they were geographically, she was afraid she would get hurt."

"Jane Doe # 1 said that he told her she was his bitch and if she did not do what he wanted her to, he would freeze her and feed her to the animals."

"At one point in the interaction, he asked her if she had been with anyone else in Petrolia." Jane Doe # 1 told Ms. Baxley she had not been with anyone else and she told Meserve that, "he told her that if he found out she had been with someone else, he would cut her and feed her to the animals."

"He told her to take her clothes off.  Jane Doe # 1 said he was becoming impatient how slowly she was removing her clothes. There was a bed in the trailer, no blankets. He forced her to give him oral sex, he started kissing her forcibly, her breasts and her neck, and biting them. She noticed they were sore for days after and there were some marks."

"I believe he did not have any clothes on," said Ms. Baxley in response to a question."He orally copulated her. When she was giving him oral sex, she felt it was a forced act. She started to choke while giving him oral sex, he choked her with hands around her neck and she was having difficulty breathing, he inserted his penis into her vagina, he told her she was weak and could not handle it."

"She wasn't sure if she had said the word no but she told him she did not want to do certain things, avoided contact with those body parts, he would call her his bitch and put his hand on the back of her head and forced his penis into her mouth."

"She thought it ended because he wasn't able to ejaculate. She said she did not want any of this to happen."

"She described Mr. Meserve as casual" said Investigator Baxley when asked about his demeanor throughout all this. Jane Doe # 1 told Investigator Baxley, "he said she was his girl and it is good to have a girl on the side. She remembers her breasts being sore and her vagina being raw and sore."

After this occurred, Jane Doe # 1 said that Meserve dropped her off at "Cedar's" house. "She told several people and gave Investigator Baxley names. Investigator Baxley did speak with Meserve about Jane Doe # 1.

DA Investigator Jack Bernstein and Investigator Baxley drove to Meserve's residence. His family was home so he requested they speak away from the home. She described his demeanor as the same as it was in the courtroom, which was no emotion. Meserve told Investigator Baxley that he was talking to Jane Doe # 1 on the porch and "they started making out"  and it did not proceed beyond that, on another night they went to "the Grove" and that they "orally copulated each other, he could not get hard and he believed the interaction was consensual. He did not hear her say no and that she did not want it."

Jane Doe # 1 told Investigator Baxley that she felt she had to leave the area given what had happened and because it is a small area, she felt scared.

Kailan Meserve