John Chiv: "Have sex with me or I will rape you" is what Dues allegedly said to one acquaintance while "humping her leg"

Feb 17, 2022

"Have sex with me or I will rape you" is what Dues allegedly said to one acquaintance while "humping her leg"

Jurors seemed less than thrilled filing into Courtroom 1 for convicted sex offender David Dues trial on his most recent case. Whether that is the nature of the case or due to sitting with masks on for hours in the stuffy, windowless Courthouse waiting for the courtroom to open would both be accurate guesses based on what I observed and heard.

It is amazing what a dress shirt and pants can do to alter a defendant's appearance.

I did a detailed post on Dues who I have covered since 2014 including his criminal record and charges in his current case. Listed below are court minutes from yesterday. Some of the testimony today included Fortuna Police Detective Brian Taylor and an alleged victim, Jennifer Young. Her name was not confidential and stated on record. She is an 1108 witness.

Deputy District Attorney Carolyn Schaffer is the prosecutor for the case. Deputy Public Defender Ben McLaughin and Ms. Kylie Boyd are representing Dues. Judge Christopher Wilson is presiding over the trial.

California Evidence Code section 1108 allows prosecutors to bring in evidence of the defendant's past sexual misconduct, alleged and otherwise, when they are currently on trial for a sex crime.

Det. Taylor identified Dues, a photo, video surveillance taken from a Fortuna laundromat which is near Rite Aid in the Safeway shopping Center. Det. Taylor was looking for a male subject, Dues, who he located and arrested at a bus stop.

Under cross examination by Ms. Boyd, Det. Taylor said Dues was under the influence of meth.

Jennifer Young had not seen Dues for 6 years. She had difficulty identifying him, even after his mask was removed. Young mumbled and it was very difficult to understand her. The court reporter had to ask her to repeat herself several times. There was some reference to her seeing Dues 6 years ago in motel. Young lives in the Arcata Plaza apartments.

In 2008, she was sitting in her living room on the couch and a female neighbor was visiting. "It was a hot night and the door was open."

Dues walked into Young's apartment with "beer and pot." According to Young, he just walked through the door. The neighbor left. The door to the apartment was closed. "David started getting wierd."

According to Young, Dues said, "Have sex with me or I will rape you."

"He took out his penis and humped my leg. I screamed. My neighbor came over and made David leave," Young testified.

Young said Dues was "all over her." She said "humped her leg"; later during direct testimony, she said that Dues "humped her foot." She told him to stop several times. There was no other contact between his penis and any other part of her body.

Jurors will not be back until February 23. Defense is expected to present an expert witness.

February 16 court minutes: