Jan 15, 2019

Why Judge Wilson allowed questions about Jane Doe #2's sexual relationship with her stepbrother



Day 2 of Mario Alexander's alleged molestation case had ended with jurors being excused early after Deputy District Attorney Stacey Eads objected to a question Alexander's attorney Mr. Russ Clanton asked Jane Doe #2 about a sexual relationship with her stepbrother, the biological son of Mario Alexander and his ex wife Melissa. I am going to refer to him as K.

Mr. Clanton: "In that time alone, did you have any physical relationship that was sexual?"

"Yes," said Jane Doe #2.


Attorneys met with Judge Christopher Wilson privately and briefly in an open courtroom briefly on Monday.

Deputy District Attorney said, "I would object on the same grounds as mentioned before. If the Court allows the testimony, we are going to hear from Dr.  Urquiza about Child Abuse Accomodation Syndrome.

Mr. Clanton in his oral argument, said  "I have provided a complete interview with the young man. What happened between K  and Jane Doe #2 was a mirror of what my client is accused of. "

Mr. Clanton said that these acts occurred when K was in first or second grade, and that Mario Alexander could testify to the exact date. He said K Alexander has very graphic memories.
He said he provided the report "authored by Mr. Fuller" who interviewed K Alexander to "counsel in it's entirety."

K is a 10 year old boy.

Judge Wilson said, "I am going to allow some inquiry. Here is my problem. Lot of it is inadmissible hearsay; some of it is admissable. K is saying things he could not have personal knowledge of; then he referred to one example P 3. line 16. Everything Jane Doe #2 told about his dad is a lie., Jane Doe #2 was molested in Oakhurst because "my grandmother Cindy told me."

Judge Wilson made a ruling on Monday and allowed questioning of Jane Doe #2 on her relationship with her stepbrother. He told Mr. Clanton the questioning was limited. In fact, he aked Mr. Clanton specifically what questions he would ask Jane Doe and then told him what was allowed.

Califirnia Evidence Code 782:

"(a) In any of the circumstances described in subdivision (c), if evidence of sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness under Section 780 , the following procedure shall be followed:"

https://codes.findlaw.com/ca/evidence-code/evid-sect-782.html

Court minutes:




Previous post:

https://johnchiv.blogspot.com/2019/01/jane-doe-2-admits-to-having-sex-with.html?m=1

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