Meserve's attorney says his client was being romantic, it wasn't rape; disses Deputy DA's remarks as "tawdry layering"

In closing arguments, Deputy District Attorney Brie Bennett did an excellent job of summarizing the testimony of DA Investigator Kyla Baxley and the statements given to her by Jane Doe #1 and Jane Doe #2 and relating how they apply to the counts charged.

Mr. Clanton had hyperbole but his remarks were often not supported by the testimony.

Ms. Bennett first spoke about Jane Doe #1. "This is a situation where the defendant and victim met the night before. She had concerns about what happened. She asked for a ride home to talk about the previous night. He did not take her home. She was in a panic mode. She froze. He ordered her to take off her clothes, he kissed her, she didn't kiss him back. He forced her to have oral sex. he choked her, he orally copulated her, he put his penis in her vagina against her will. Her breasts were sore. " She summarized more about the incident. "He threatened her, she was in fear even after that day. Regarding 209 b (1), the defendant did have sexual intercourse with her, took her there without her consent, he moved her there to isolate her and to commit those acts.  She was in an area not familiar to her, with a male, without a vehicle. Reagrding 245 a (1) that is the strangulation. It is easy to kill someone by strangulation. He had his hands on her throat. She had difficulty breathing. Strangulation can cause brain damage. Reagrding criminal threats, he said, "he would freeze her body and feed her to the animals."

Mr. Russ Clanton, who represents Kailan Meserve responded after Ms. Bennett spoke about Jane Doe # 1. "We have a situation where a woman is in town for a little over a month in a small area for trimming. She is introduced to Mr. Meserve for a potential job in trimming. She may have had concerns, she did not audibilize any concerns. She seeks out ride. As far as Mr. Meserve is concerned this is romantic. Despite tawdry layering by counsel, he didn't have forceful sex because Investigator Baxley said, he couldn't even do it. Force/fear was after the fact.

Ms. Bennett briefly responded about Jane Doe # 1 and Mr. Clanton's remarks. "Seeking a ride home doesn't give him the right to do whatever he wants to. The testimony is that she did not kiss him. He had difficulty maintaining an erection but his penis did enter the vagina. The People will admit to no testimony about digital penetration for Count 5."

Then Ms. Bennett spoke about Jane Doe # 2. Ms. Bennett summarized the same way she did for Jane Doe # 1. This is the link to that post which has all the details that the alleged victims gave.  http://johnchiv.blogspot.com/2015/08/he-began-to-undress-her-physically.html

"She woke up to defendant on top of her, he did kiss her and proceeded to cover her mouth when she tried to audibilize. He pulled her hair so tight, he put his penis in her mouth, he put his penis in her vagina, he made her touch his penis and testicles, her breasts hurt for days, she did not consent. It stopped because he was unable to perform. Due to level of intoxication, she went back to sleep, he came back and did it again. He performed oral sex on her. Her friend remembers her being very upset. Testimony was that Mr. Meserve was cold and that he came back, he did so to commit acts with a woman who was unconscious. In pretext call, he apologized if he did anything wrong. He called her by Jane Doe #1's name. Similar events described by two women who did not know each other.

In his response about Jane Doe # 2, Mr. Clanton's soliloquy was not supported by actual testimony at this hearing.  "This court is going to have to believe Mr. Meserve is going to brutally rape a woman few feet away from a woman who is like a sister to him. This isn;t reported for a year. Why does Ashley (the friend, not the victim) go out to lunch with Mr. Meserve later that day? Why does Mr.Meserve show up to take them to breakfast?"

In her rebuttal, Ms. Bennett said, "Counsel is taking liberty with testimony and questions. Given level of inebriation, it is reasonable that she went back to sleep and that she may not have been able to go down the loft that first time. She did after the second time."

Kailan Meserve

Mr. Clanton has also represented other high profile local clients like alleged child molestor Timothy Littlefield who made headlines with his marijuana bust and lawsuit and is currently fighting an appeal by the People regarding the verdict in his last trial.
lawsuit. http://hoggardfilms.com/portfolios/pot-cops/
http://johnchiv.blogspot.com/2015/08/apellate-court-not-requesting-oral_13.html