John Chiv: "Fantasies are not fantasies when people act on them"

Feb 24, 2022

"Fantasies are not fantasies when people act on them"

Convicted sex offender David Dues' jury will resume deliberations after lunch. Closing arguments were given this morning. Final jury instructions were given by Judge Christopher Wilson starting 11:45 and at 11:56, HCSO Deputy Jen Taylor (Turner) who was the court bailiff escorted the jury into the deliberation room.

Dues kept turning around and looking at me in the courtroom, he stared at alternate jurors and he shook his head at Deputy District Attorney Carolyn Schaffer during her rebuttal argument.

Deputy Public Defender Ben McLaughlin discreetly inquired or said something to Dues because jurors are watching him but Dues ignored whatever Mr. McLaughlin said.

I have included remarks from Ms. Schaffer's rebuttal because she focused on intent which is crucial for the People to prove, especially for Count 1. The defense conceded that Dues was guilty of Count 2 and 3.

The People have the burden of proof beyond reasonable doubt and Ms. Schaffer got the last word. Ms. Schaffer also addressed some points from defense closing arguments.

There was a reference Ms. Schaffer made to the testimony of Berry Klein, Dues stepfather. I thought I heard her say Dues sent a message to his mom saying, "I want you to suck my dick."

"Is it reasonable that the defendant who harbors rape fantasies didn't intend to rape Jane Doe?" said Ms. Schaffer.

"Fantasies are not fantasies when people act on them," said Ms. Schaffer.

She played the video of Dues at the Fortuna laundromat. Ms. Schaffer said the defense claimed that Dues conduct was "just mastubatory."

"If he just wanted to masturbate, he could have left. He followed Jane Doe to the bathroom. He didn't stop when she shut the door."

After each action, Ms. Schaffer emphasized Dues could have left if he just wanted to masturbate. She said he needed a female,"a vagina" to complete the act.

The accompanying video of Jane Doe struggling with Dues and Ms. Schaffer saying that the video shows "Dues shoved his hips on her" was words repeating what the jurors saw with their own eyes on the surveillance.

Ms. Schaffer said that there was no evidence that Dues was under the influence of meth when he was with Jane Doe. She said Fortuna Police Detective Brian Taylor "opined" he thought Dues was high.

Referring to a study cited by defense about meth and sexual behavior, Ms. Schaffer said, "Research does not cover the defendant's individual circumstances. She said Dues had a history of non-consensual behavior, paraphilia, meth use and foot fetish.

Dues had two attorneys who put up an excellent defense for a client who is not easy to represent .

What I think of Dues is based on my own observations of him and his actions outside court as well as court actions, court records and his criminal history for 8 years. He has 49 cases in the local court system.

The jury is supposed to make their decision based on the evidence presented in court in this case. They are supposed to follow the law.

Charges: