Yesterday's during opening statements for former CALFire employee and alleged molestor Miles Neiva's jury trial, there was complete silence except for the occasional ruffling of files by one of the court clerks.
Jurors saw seven year old Jane Doe's photo on the screen as Deputy District Attorney Whitney Timm told them Neiva was Jane Doe's father's best friend.
"Mr. Neiva sat next to Jane Doe as she watched a movie. Mr. Neiva put his hands down her pants, inside her underwear, put his fingers inside her vagina, put his fingers in his mouth and then inside her vagina, then his mouth and he did this over and over again."
This incident was in Jane Doe's mom's room in Scotia. They no longer live at that house.
"Over the course of this trial, you will get to know Jane Doe. You will hear how the defendant created opportunities to molest Jane Doe."
I am using initials for Jane Doe's mother, grandmother, her older brother and two others in this post.
D.D. dated Jane Doe's mom. She called him and considered him her dad. Even after Jane Doe's mom,T.M. broke up with D. D., Jane Doe visited him in Fortuna. Neiva lived with D.D and rented a room at his house.
Until Jane Doe disclosed what Neiva did to her, D.D. and Neiva were best friends. Jane Doe was 13 years old when she disclosed . Jane Doe is currently 14 years old.
"Most of the alleged molestation occurred after Jane Doe's dad moved out," said Ms. Timm.
"Neiva rubbed Jane Doe's breasts. Once in the woods, he asked her, 'Is it okay if I touch you.' She froze."
The statement above became even more relevant when Jane Doe testified.
"Jane Doe said Neiva bug zapped her.The defendant put the bug zapper on her spine; back of her legs. She couldn't see what it was but it was black. It didn't feel like a zap; more like shaking. It will.become obvious to you as it did to investigators that this was a vibrator."
Jane Doe told Neiva to stop. "He did after a while."
Jane Doe avoided Neiva until September 11, 2021. D.D. and B. S. were getting married. Jane Doe was very close to B. S.The day after the wedding, Jane Doe disclosed the molestation to B. S.
After search warrants were served, sex toys and suspected child porn was found on electronics belonging to Neiva.
Neiva is charged with Count 1, PC 288.7 (b) oral copulation or sexual intercourse with a child 10 years or younger and Count 2 PC 288 (a) lewd and lascivious act with a minor under 14.
Neiva was arrested in September 2021 by the Fortuna Police Department. One alleged incident took place in Scotia in Jane Doe's mom's room and the other one in a garage in Fortuna.
Mr. Zach Curtis, Neiva's attorney, basically called Jane Doe a liar. His claim that "none of this is true" and that evidence back certain statements remains to be seen.
He tried to nit pick and say that Jane Doe said the molestation happened "every week for a year which would be 52 times" but also said "maybe not that many times" in response to a question. Mr. Curtis claimed D.D, B. S. and JaneDoe's brother were around when the alleged molestation occurred and that the molestation could not have happened as many times as Jane Doe claimed because there was "no availability during COVID lockdown."
Some of this was addressed in the direct questioning of Jane Doe's testimony. It is too early in the trial but her credibility, believability and other evidence by the People are crucial factors. You should read previous posts to see what evidence was allowed and what the jurors won't hear.
Fortuna Detective Ryan Richardson, the People's first witness, gave brief testimony in the morning and is subject to recall.
After dispatch contacted him, Det. Richardson met with B. S. and T.M. and he thinks Jane Doe's grandmother was the other person present.
"B. S. told me her kinda stepdaughter had been molested," said Det. Richardson.
An emerhency protective order was given to B. S. "to prevent Neiva from coming back to the residence." Richardson arranged a CAST interview. Jed Mefford was the interviewer. "Jane Doe cried a lot and kept her head down."
Previous post (jury trial)
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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