It was painful to watch Jane Doe testify yesterday. It is never easy to cover these molestation cases. Her alleged abuser Miles Neiva made a choice to force her again. This time in the courtroom. Neiva rejected the plea offer by the People prior to trial.
There were moments of silence, long pauses, no response. Jane Doe was soft spoken. At times you could barely hear the words she mumbled because you could see she froze. She wiped tears as she testified. The hardest struggle was watching her testify about the incident in her mom's room.
Deputy District Attorney Whitney Timm was sensitive, did everything to gently question Jane Doe. At one point, Judge Gregory Elvine-Kreis and Ms. Timm asked Jane Doe if she wanted a break and she refused.
Even after 9 years, it is hard to cover molestation trials. After 9 years, it is difficult to see yet another defiant "alleged" abuser torture his "alleged" victim and refuse a plea. The excuses and the defense is always the same.
Ms. Timm started out by asking Jane Doe basic questions about Neiva. In response to a question, Jane Doe responded "Uncle Miles."
He took her to the beach, dog park, baby sat her and her brother. They played board games and video games and a virtual reality game.
I am just typing an excerpt to give you an idea of what it was like to watch Jane Doe testify.
Ms. Timm: "Was there a time Miles made you uncomfortable?
Jane Doe: "Yes."
Ms. Timm: "Do you remember the first time, he made you feel uncomfortable?"
Jane Doe responded she was "7 or 8" when the incident in her mom's bedroom in Scotia happened. She said that "Miles", her brother and she were watching a movie. Her brother fell asleep.
Ms. Timm asked her what happened to make her feel uncomfortable.
Silence.
Question, brief response about what made her feel uncomfortable.
Ms. Timm asked her what "part of the body it involved?"
Silence.
Ms. Timm asked whether it was "over or under her clothes"
Silence.
Some more questions very sensitively and carefully by Ms. Timm.
Jane Doe responded, "my pants were pulled down."
Silence.
Questions about specifics. This kind of unfortunate questioning is necessary under the law. The Humboldt Deputy DAs who handle these cases know how difficult this is, they do it as tactfully and sensitively as they can.
Jane Doe, "the area under my underwear."
Jane Doe was quiet. No response to what the area was " under the underwear."
Ms. Timm trying her best to ask but in a way to make Jane Doe as comfortable as possible under the circumstances.
Judge Elvine-Kreis suggested a recess. Ms. Timm asked Jane Doe if she needed a break. Jane Doe declined.
Ms. Timm asks the question in a different way."Can you say what that part does?"
Silence.
Ms. Timm offers to show a picture so Jane Doe does not have to name the body part.
Silence. Then Jane Doe says, "Vagina."
Ms. Timm asked if any part of Neiva's body touched her.
Jane Doe said "Miles used fingers to touch her vagina."
Jane Doe tries to respond. Mr. Zach Curtis objects and says, "vague" and asks to approach. Attorneys privately talk with Judge Elvine-Kreis at the bench
Jane Doe asked question again and respinds,"inside."
Ms. Timm asks how he touched her inside.
Silence.
Ms. Timm, "What happened next?"
Silence.
Then, there were questions and testimony about Neiva putting his fingers in her mouth and repeating the action over and over. Neiva did not say anything while he was doing this; "not that I can remember" added Jane Doe.
The last time he touched Jane Doe was at D.D.'s house. Jane Doe said Neiva touched her chest"almost everytime I went to my dad's house." She went over every Wednesday. "Miles wasn't always there."
Last time he touched her chest was in the garage in Fortuna. Neiva touched her chest, under her bra while he was sitting next to her. This time she was very certain he did not say anything.
Jane Doe is a petite, skinny 14 year old who looks more like a 12 year old. Neiva a stocky man who would tower over her now; let alone at age 7.
Previous posts (jury trial):
https://johnchiv.blogspot.com/2023/01/jane-does-alleged-molestor-wasuncle.html?m=1#more
https://johnchiv.blogspot.com/2023/01/prospective-juror-in-alleged.html?m=1
Other prior coverage:
https://johnchiv.blogspot.com/2023/01/no-testimony-about-sex-toys-but-jurors.html?m=1
https://johnchiv.blogspot.com/2023/01/jury-selection-starts-for-alleged.html?m=1
https://johnchiv.blogspot.com/2022/02/miles-neiva-held-to-answer-on-all.html?m=1
https://johnchiv.blogspot.com/2021/09/miles-neiva-charged-with-molesting-jane.html?m=1
https://johnchiv.blogspot.com/2021/09/will-neivas-bail-be-increased-at.html?m=1#more
https://johnchiv.blogspot.com/2021/09/miles-neiva-bail-is-825000-and-he-is.html?m=1
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