Apr 19, 2016

After talking to Jane Doe #2, Jeff Groeling calls Travis Howe, another close friend of Meserve and says, "We have a problem."

The People having the burden of proof got the last word in the Meserve case, before concluding jury instructions on Monday. Deputy District Attorney Brie Bennett started her rebuttal argument by saying, "You know the sad part about rape cases is how people think."

"If they cry, it's a lie, if they don't cry, it's a lie; if they are consistent, it's rehearsed, if they are inconsistent, it's a lie.

She talked about the defense labeling the rape victims " a liar."

"Much of what the defense counsel said, I encourage you to look back at the transcript and find it. The inconsistencies he brought up are not any elements of the offense."

"As far as impeaching Jane Doe #1 or Jane Doe #2 with Kyla Baxley, she testified at the preliminary hearing about interviews she had and testified for multiple law enforcement. Most responses, she said, that sounds familiar."

"As far as uncorroborated stories, no one else was there, other than Jane Doe # 1 and Jane Doe #2."

"Others saw the victims." Ms. Bennett brought up Ashleigh Groeling mentioning that Jane Doe was crying.

"It's been over two years for one incident and well over two years for another incident. Do any of you remember mundane details from two years ago?"

"What happened to these women is memorable."

"The defense wants you to believe that because law enforcement did not testify, they didn't believe them. The defense want me to bring all law enforcement to tell you second hand what you heard first hand from the victims."

"The defense wants you to believe that you are here because no one believed them. Some of his witnesses did not talk to law enforcement until this trial started. They spoke to the defense."

"This isn't a case where it's under dispute about whether sex occurred; it's about consent."

"If there was something law enforcement had that would help his client, Mr. Clanton would have called them. In over a year, the defense investigator came up with nothing."

"Ashleigh Groeling has lost friends and family because she believed her friend." She brought up the facebook defriending testimony by Groeling and Monica Meserve's testimony that they used to consider Groeling a friend.

"Regarding Troy Allman's romantic interest in Jane Doe #1, we have no evidence. I offer another speculation. Perhaps he was upset, not because he was jealous but because it was inappropriate for the defendant to take advantage of a drunk girl."

"Jeff Groeling was the only person to say that Jane Doe #2 went down to urinate. Ashleigh didn't. Jane Doe #2 didn't."

"You don't just have one victim, you have two victims."

She reminded the jury that right after talking to Jane Doe #2, Jeff Groeling, who is "close to the defendant" called Travis Howe, "We have a problem."

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