"Let's get Deputy Haas on the stand"

On July 22, Judge Christopher Wilson heard motions  in convicted rapist Kailan Meserve's writ of habeas corpus case.

Meserve's attorney, Mr. Manolo Olaso, wanted to take depositions of Sgt. Diana Freese, former Deputy District Attorney Luke Brownfield and former HCSO Deputy Mike Haas. Mr. Brownfield is now a Deputy Public Defender.

Mr. Olaso spent time going over the same reasons we have heard in previous hearings.

The District Attorney's Office filed a motion to compel discovery and a protective order.

Defense motion for depositions denied. People's motion to compel and protective order granted.

"Other than Mr. Haas, we haven't heard justifications for depositions," said Deputy District Attorney Carolyn Schaffer. An investigator can call Mr. Haas. That effort has not been made by the petitioner."

Ms. Schaffer also agreed with a statement Judge Wilson made earlier that the depositions was pointing towards an evidentiary hearing. Ms. Schaffer added it would be more economical and efficient to have the evidentiary hearing.

Ms. Schaffer mentioned the challenges of getting out of area witnesses during the pandemic.

"We are moving at a glacial pace," said Judge Wilson. "The issue being Deputy Haas' and his observation/opinion regarding the victim's demeanor and so forth. This would have never come out at trial. "

"This hasn't changed in three years via the discovery process," said Judge Wilson. "I am concerned about the appellate process. I am growing weary."

"Let's get Deputy Haas on the stand," said Judge Wilson.

Mr. Olaso requested 60 days for a setting so "Meserve can decide if he wants choose" between the investigator option or setting an evidentiary hearing.

Setting of evidentiary hearing and discovery compliance is scheduled for September 23.

Humboldt Superior Court research attorney Bryan Daley appeared via Zoom.

If you haven't been following the coverage, please read the previous post.

Previous post:
https://johnchiv.blogspot.com/2020/05/meserves-attorney-wants-depositions-of.html?m=1