Jun 14, 2016

"Did you want any of what Mr. Daniels did to you to happen?"

After the mid morning break on June 9, Mr. Steven Betz, one of Jason Daniels' attorneys, cross examined Jane Doe #1.

She explained that she was not on heroin and if she nodded off, it was due to detoxifying or closed her eyes, she was focusing on what the person was saying.

She told Mr. Betz that she had consistently used heroin, alcohol and meth.

She was consistent in her answers to him, repeating what she said in direct. If he seemed to misrepresent her testimony, she would respond by correcting him.

"No, no, no, no, no, no. He conducted a search on Ruby first and than me."

In response to a question about her boyfriend, at that time, now her ex boyfriend, she replied,

"I did not know Jose was watching but later he told me he was watching. He had seen what he had done and he was going to turn him in," said Jane Doe.

Mr. Betz read parts of her testimony from a transcript from the preliminary hearing. He said at the preliminary hearing, she said that she was not alone. Jane Doe said that was not her testimony referring to what he had read.

As he continued to read parts of the transcript and ask her questions, she said, "You are really hard to talk to" and "You are going back and forth, it is very confusing."

Answering his questions, she had said that Daniels did not take her handcuffs off after the search.

Mr. Betz, read another part from her preliminary testimony, stating that after Daniels searched her, he took her handcuffs off and Jane Doe said yes, that  was her testimony. "I'm confused, twice we had to go through that spot," explaining why.

Despite his efforts to impeach her, Mr. Betz was unsuccessful. An example: he said that in the preliminary hearing, Jane Doe said that Daniels did not touch her on the way back to her boyfriend but during his cross examination when he asked if Daniels had touched her "inappropriately", she said "I remember him touching my leg." Jane Doe said that she was "remembering a little more now."

Jane Doe told Mr. Betz that she told Jose not to call the police and told Ruby not to say anything.

Mr. Betz: "Do you have plans to file a civil suit in the future?"

Jane Doe: "Yes."

Mr. Betz: "You would be seeking monetary damages."

Jane Doe: "Hell, yeah. With all I have been through."

Mr. Betz: "Do you know Jane Doe #2?"

Jane Doe: "I have met her, but just in passing."

Jane Doe said that she had seen Jane Doe # 2, about five times and that they did not talk about the case.

She was very honest in answering Mr. Betz. She said a couple of DA Investigators met her last week where she was out of county, that they gave her $120 to store her stuff. She said, "it was $50 but I got behind and I asked them if I could pay it all off." Jane Doe #1 said that she had rented a friend's room.

Ms. Bennett then did a brief redirect examination, which was very effective. Jane Doe said she was 28, "will be 29 soon." She looked at some photos Ms. Bennett showed her of a Sheriff's patrol car and asked her if it was similar to what Daniels was driving in 2013.

Ms. Bennett: How many times have you been searched by law enforcement?

Jane Doe: "I am not really sure, 10 or 15."

Jane Doe could not recall if a DNA swab was collected from her.

Ms. Bennett: "Is it fair to say that your life has been disrupted by this case?"

Jane Doe: "Very much so."

Ms. Bennett: "Have you come to court multiple times? Spoken to a lot of people? Mr. Brown? DA Investigator Baxley?"

Jane Doe answered yes and then yes again when Ms. Bennett asked her "if she had attempted to stay clean while testifying" and "if that was difficult".

"I use heroin for pain," said Jane Doe. "I have had a lot of injuries.I have had relationships that were abusive."

Jane Doe told Ms. Bennett she was more alert when she was testifying at the preliminary hearing, and "I think it was the civil attorney who found me."

Ms. Bennett: "Has your health deteriorated since 2013?"

Jane Doe: "Yes."

Ms. Bennett: "Did you want any of what Mr. Daniels did to you to happen?"

Jane Doe: "No."

After Jane Doe # 1 finished testifying, DOJ senior criminalist Kay Belschner from the Eureka lab, took the stand for five minutes and testified about processing and swabbing Daniel's patrol vehicle and and swabs for reference samples from Daniels and Jane Doe #1. Since the Eureka lab does not do DNA analysis, the samples were sent to Redding.

1 comment:

  1. I'm glad attorney asked about a civil suit. Smells.