Kailan Meserve was denied probation because he is "statutorily ineligible" said Judge Cissna.
For counts 2, 3, 4, 8, 9, 10, 11, 12, 13 and 16, Judge Cissna said they were violent offenses. Explaining rules of court and penal code for his decision, he said these would be "full term consecutive" adding that when Kailan Meserve left to go to his truck and came back to rape Jane Doe #2, it was a separate occasion and he had time to reflect on his decision.
For counts 2, 8 and 9 , the lower term was 3 years, mid term 6 years and upper term 8 years. Due to aggravating factors and the fact that Kailan Meserve was on probation at the time "he committed these offenses" he was given the mid term of 6 years.
For counts 14 and 15, Kailan Meserve will serve concurrent terms of three years for each offense.
Sentencing in these cases is complex so I will update more details later today, after checking with the District Attorney or if a press release is out sooner.
Judge Cissna explained in details his reasoning for decisions.
He will have to serve 85% of his total sentence, which is 23 years.
He will have to register as a sex offender and have medical and legal tests required by law. Fines including restitution to victims for out of pocket expenses and a $10,000 fine.
He cannot possess or own a firearm for life.
Kailan Meserve did not make any statement. Two family friends, his sister Amy Meserve, his father Dave Meserve and his wife Monica Meserve spoke.
The victims were too traumatized to appear in court today, said Deputy District Attorney Brie Bennett. A letter was read by Carey Call, Victim Witness Advocate on behalf of Jane Doe #2. Family members spoke.
I will have separate posts on those statements later, both on behalf of Kailan Meserve and the two victims in this case.
Very emotional, very painful.
Mad River Union and North Coast Journal were also in court, no other media. This is the first time other than a press release regarding the verdict that NCJ has covered this case in court or at all. Mad River Union, KIEM and TS were in court for the verdict. Other than that, this case has only been covered on this blog.
Apr 19, 2016
Kailan Meserve found guilty of 15 counts, taken away in cuffs after verdict
The jury did not find special allegations of kidnapping true for Counts 1-7.
Meserve was charged with 15 counts, many counts have the option of lesser charges and there are special allegations.
Count 1 kidnapping (Jane Doe #1 to commit rape), Count 2 Forcible rape (Jane Doe #1), Count 3 Forcible oral copulation (Jane Doe #1),Count 4 Forcible oral copulation (Jane Doe #1), Count 6 Assault by means likely to produce great bodily injury (Jane Doe #!), Count 7 Criminal threats (Jane Doe #1), Count 8 Forcible Rape (Jane Doe #2), Count 9 Forcible Rape (Jane Doe #2), Count 10 Forcible oral opulation (Jane Doe #2), Count 11 Forcible Oral copulation (Jane Doe #2), Count 12 Forcible Oral Copulation (Jane Doe #2), Count 13 Forcible Oral Copulation (Jane Doe #2), Count 14 Sexual battery (Jane Doe #2), Count 15 Sexual battery (Jane Doe #2), Count 16 Sexual penetration by a foreign object (jane Doe #2).
Special allegation of kidnapping for Counts 1 to 7.
Previous reports have stated 16 counts. One count, count 5, sexual penetration by a foreign object, is a charge Meserve was not held to answer after the preliminary hearing.
That one count was not updated and unclear in the computer last time I checked during the trial but I got clarification from Deputy District Attorney Brie Bennett after the verdict.
Kailan Meserve was led away in cuffs after the verdict was read.
Sentencing is July 1st at 8:30 a.m. Meserve waived time for sentencing.
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