Patrick Marshall confesses to sex only after asked "any reason why his semen would be in her?"

Fortuna Police Detective Ryan Richardson received a report of an alleged rape on July 21, 2019 from a Fortuna police officer. At midnight on July 22, he spoke with Jane Doe in ER at St. Joseph's.

Jane Doe told Detective Richardson she was in Orick, that "she blacked out and woke up in a man's home, was naked in bed and feeling like she had sex." She told Detective Richardson, "her vagina was sore. Her parents took her to St. Joe's for an exam." Detective Richardson was informed Jane Doe had abrasions and bruises in her back.

Prior to ending up in this unknown place, Jane Doe said she was with a transient man, had been drinking, smoked marijuana, remembered being on a motorcycle and purchased tampons because she was on her period.

The bedroom that Jane Doe woke up in had a "man's clothing on the floor." She dressed herself quickly, noticed a tampon on the dresser and in the garbage can in the bathroom. 

She came out of the bedroom into another room and saw "a young, skinny blond man sitting with a woman she thinks was named Rhonda. There was a plaque on the wall that said Shawn Marshall. The male subject was not Shawn but she thinks he was in a relationship with Rhonda and the male subject was Shawn's brother."

"The male subject told her to get her stuff and leave. As she was leaving, male subject slapped her on the butt. She noted the address as she left. " Jane Doe called her cousin for a ride.

Detective Richardson stated the address of the house in court. It is in Fortuna. 

Before Detective Richardson spoke with Jane Doe, he looked up the address in a database and Marshall's name came up with an ID and photo. In a six pack lineup, Jane Doe identified Marshall.

Jane Doe believed she had left behind her bra and "possibly her jeans" at the house. Detective Richardson spoke with the nurse who had collected an urine sample and tampon from Jane Doe. Detective Richardson arranged a SART exam. Janr Doe's clothing was collected as evidence, including her underwear. 

After serving a search warrant where Marshall lives, Fortuna police found "used tampons in the garbage, potential stains and indicia identifying Patrick Marshall."

While the police were searching the house, Marshall showed up on his motorcycle, left and came back. Initially, Marshall spoke with Lt. Eberhardt. Detective Richardson told Marshall he was not under arrest. Detective Richardson spoke with Marshall and asked him if he knew why they were there. Five other Fortuna police officers were there in uniform. Eventually, Detective Richardson informed Marshall the reason they were there. Marshall asked if "they could continue the convetsation inside."

Miranda rights were not read prior to Detective Richardson speaking to Marshall about Jane Doe. Marshall was told he was not under arrest and free to leave. Lt. Eberhardt was present for this interview.

Marshall said " a young woman was at the house the night before. They had pizza. Marshall volunteered she was 18. I hadn't asked anything about age."

Marshall told Detective Richardson he had picked the young woman up in Orick, they had stopped at a gas station to buy tampons. "Her parents had given her permission to be at his house. Her mother said she could stay overnight."

"Initially, Marshall said they had not had sex and he had not seen her naked. He said she had used the shower because she said 'she smelled bad'."

Detective Richardson asked Marshall if there was "any reason why his semen would be in her?"

"He dropped his head and took a deep sigh and then admitted they had messed around." Marshall clarified there was "anal/vaginal penetration." Marshall said Jane Doe was on her period and that is the reason they purchased tampons.

Marshall said, "he gave her oral sex and she gave him oral sex. Initially, he said in his bedroom. Later he said they had sex outside in Big Lagoon. This explains the abrasions on her back."

Marshall had a cell phone which he let Detective Richardson look at and scroll through messages; later a search warrant was obtained and a forensic download was done on the phone.

The first contact between Marshall and Jane Doe was via Facebook Messenger. Marshall showed Detective Richardson Jane Doe's profile and the picture was of her.

In her initial interview, Jane Doe said that she blacked out in the back of the motorcycle. Detective Richardson asked her how she rode on the back of a motorcycle if she was blacked out?

In a follow up conversation, Jane Doe admitted that they met on Facebook Messenger. She didn't say anything because she didn't want her mother to be upset. Detective Richardson said Jane Doe's father was in the room for the initial interview. Jane Doe's father said, he would "beat her ass."

Jane Doe and Marshall had "spoken back and forth" on Facebook Messenger. She thought Marshall was much younger. Jane Doe told Marshall, "I am a kid, by the way."

After the forensic download, Detective Richardson went over the messages. There were photos of Jane Doe in "a bra and panties and one matched the same pair that was collected at the hospital."

The second time Detective Richardson spoke with Jane Doe was in Orick. At that time, he also spoke with a family friend, Cherish Guffie, who was referred to as an "aunt." There was also another woman who Detective Richardson spoke with who told him that Jane Doe and her siblings often stayed with her. This was allegedly due to certain issues and not wanted to be around their mother.

Guffie had seen Jane Doe on Marshall's motorcycle and with him at the store and had gone over to see if Jane Doe was okay. Guffie told Marshall Jane Doe was "just a kid."

Detective Richardson said he could "only go back so far" in Facebook Messenger. The first set of messages between Marshall and Jane Doe were "very sexual in nature" and were about "meeting up and taking sexy pictures." This include sexy pictures on a motorcycle. Marshall and Jane Doe arranged to meet in Orick.

In response to requests by Marshall, there were several pictures of Jane Doe posing "provocatively". In one photo, Marshall was "shirtless and wearing a towel."

Detective Richardson had screenshots of messages but he paraphrased some of the conversations. Jane Doe tells Marshall she is at the Orick store. She tells him again,  " I am a kid, by the way." Jane Doe tells Marshall she did not realize "he was so old but they can still hang out." Marshall tells Jane Doe "she is sexy."

Detective Richardson said they probably had sex. Marshall tells Jane Doe,"Okay lover," and asks her "if she wants to fuck some more.

Marshall told Detective Richardson he had not taken any "intoxicating substances" before the alleged rape. Jane Doe said she took prescribed medication, "smoked a bowl of marijuana", took morphine and drank majority of the pint of vodka that she was drinking with the transient John John. His real name is Jonathan Paul. Jane Doe's toxicology results are not back.

Marshall said that Jane Doe told him she was 18 years old. On her Facebook profile, her date of birth would mak her 30 years old. Jane Doe used her real first name and a fake last name on Facebook.

Jane Doe's Facebook accounts had been deleted the search warrant was returned unserved.  Detective Richardson only had access to the messages on Marshall's account.

Marshall sit silently in court as Detective Richardson testified. The charges are in the  post linked below.

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