(Mark Dare)
I took hours of notes and I cannot type out the detailed questions and answers. It was excrutiating watching Jane Doe #1 relive the trauma and pain because a defense attorney and his client, who like every other child molestor, get off having their day in court. Yes, the pun is intentional.
It was raw, painful, graphic testimony and what made it even more horrific was that Mark Dare's attorney took advantage of cross examination to try and destroy a victim testifying in a sexual abuse trial by repeating the same questions over and over, especially the sexual ones. At one point, right after Jane Doe #1 testified, through sobs, about Mark Dare molesting her in the bathroom, Public Defender Marek Reavis chose that moment to show her a picture of that bathroom.
This was after she finished testifying on direct about her abuse through sobs and tears. Mr. Reavis made her go over every incident and detail over and over.
Her voice would get softer when the abuse or any mention of the time she lived with Mark Dare came up.
Jane Doe #1 testified how Mark Dare said, "good girl" while he was molesting her. During one incident, she counted the bars on her bunk bed while he was molesting her just to pass the time. Mark Dare molested Jane Doe #1 in the bed he shared with Windy Dare. After molesting her, Mark Dare would give her toys like My Little Pony. He performed "oral" on her; he "fingered" her and it was painful. Mark Dare made her "touch his dick" and "guided her hand". He would make her sit in his lap and steer the car on the driveway while he had his hands on her hips and was groping and touching her. Regarding the molestation, Mark Dare told her "this" was their game and not to tell anyone.
Mr. Reavis is aggressive. It backfires on him. Defending your client does not mean you tear apart a 19 year old on the stand who does not want to remember the abuse she endured while she was in elementary school. Having the court reporter do readback repeatedly, needing Judge Cockrum to state the answer. Jane Doe #1 was hard to understand sometimes when she was crying but there was no need to have the answers repeated when the rest of us heard her, all the way in the back of the room.
Jane Doe #1 was nervous, crying, sobbing and needed breaks, just like the preliminary hearing. Just like the preliminary hearing, she was uncomfortable talking about the graphic details of the sexual abuse by her stepfather Mark Dare in a room full of strangers. Just like the preliminary hearing, she said she had difficulty explaing and articulating what she wanted to say.
Her testimony was consistent with her preliminary hearing. She explained why she gave a different answer to smoking marijuana during the preliminary hearing.
She said at the preliminary hearing, she was there to testify about the sexual abuse. Mr. Reavis' question about her smoking marijuana threw her off guard. She was a minor and he was asking her "about smoking weed in front of the law." She admitted she lied at the preliminary hearing.
Deputy District Attorney Carolyn Schaffer was assigned to the case for the preliminary hearing. Deputy District Attorney Whitney Timm has done an excellent job with this case and trial bringing out more information from both Jane Doe # 1 and # 2 and with skillful questioning obliterating the defense's false claim about inconsistencies.
The preliminary hearing was almost two and half years ago. The answers are not inconsistent. There maybe a small detail mentioned at the preliminary hearing but not trial and vice versa.
She mentioned at the preliminary hearing Mark Dare was helping her with the shower and today she said he had clothes on. That does not change the basic facts.
One example. At the preliminary hearing, Jane Doe #1 said, "I was going to take a shower and he was helping me. He would turn on the water sometimes. I went to get my towel and came back. He picked me up and put me on the counter." She did not have clothes on, just towel wrapped around her. "He started oral."
When asked what he did with his mouth, Jane Doe #1 said, "I don't know how to answer that. He stopped and I got into the shower."
Today, she testified. She was going to take a shower. She had a towel wrapped around her. The water was running. Mark Dare was in the bathroom. He picked her up and put her on the counter. He performed oral sex on her. He was dressed. When he was done, he left. She got into the shower. She could not remember if he was "fingering me or not."
(Windy Dare)
Just like Jane Doe #2, Windy Dare told her to tell CWS everything was okay when they investigated the physical abuse allegation. Windy Dare was mad that Jane Doe #1 told her dad about Mark Dare's physical abuse.
Jane Doe testified about the pain of not having a relationship or support from her mother. Windy Dare's reaction to learning her daughters were abused by her current husband was to say nothing. She did not hug them or tell them she loved them. Her reaction was to say, "I've got to go home and make dinner."
Windy Dare observed Mark Dare be verbally abusive to her children and said nothing; did nothing. One night, she was going to come into the girls' room while Mark Dare was in there. He told her to wait. Then zipped up his pants and left the girls' room. Are we to really believe that after her own sexual abuse, Windy Dare had no idea what Mark Dare was doing?
She has abandoned her daughters and testified at the preliminary hearing and will testify for Mark Dare at the trial.
Imagine having no one to tell your pain and suffering and the people you disclose to are your teachers, coach and high school friends because those supposed to protect you are your abusers.
Mr. Reavis has not impeached Jane Doe #1 either. Judge Cockrum told Mr. Reavis he keeps repeating the same questions, told him to move on, sustained Ms. Timms' objections. We have wasted hours in the last two days on cross that isn't working the way defense wants it to go. Despite Mr. Reavis' attempt to wear down Jane Doe #2 and 1, they survived this, just as they did the abuse.
The case will come down to whether the jury believes Jane Doe # 2 and# 1. Experts and other witnesses were not present while the abuse occurred . Even if Mark Dare testifies, Mr. Reavis' despicable badgering of the "alleged victims" has shown the desperation of the defense and the character of Mark Dare.
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https://johnchiv.blogspot.com/2020/09/because-of-high-ceilings-and.html?m=1
In fact, that IS what makes one a predator. Pretending.
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