John Chiv: "There is a difference between inappropriate conduct and illegal conduct"

Jul 31, 2024

"There is a difference between inappropriate conduct and illegal conduct"

Alleged molestor Gary Landergen is charged with 4 counts. Count 1 is PC 243 (e) (1) sexual battery; alleged victim Jane Doe 1. Count 2 is PC 243 (e) (1) alleged victim Jane Doe 2. Count 3 is PC 647.6 (a) (1) child molesting and Count 4 PC647.6 (a) (1) child molesting. These are amended charges granted on 7/29/24.

Read my coverage from the preliminary hearing post which has references and details from Deputy District Attorney Whitney Timm's statement. The screenshot above is from that post.

https://johnchiv.blogspot.com/2023/01/testimony-referring-to-female-students.html?m=1

The headline of this post is basically the Ms. Meagan O'Connell's opening statement. That is what this case will boil down to after the jury hears the evidence and applies the law as instructed by Judge Steven Steward.

Defense isn't denying the incidents happened; this is different than the outrage and machismo from Landergen and his supporters at the preliminary hearing. I have seen Landergen sitting alone most of the time. There has't been anyone who supports him at the trial in the audience.

All the alleged victims are no longer minors. They are adults. I can understand why the photos of what they looked like at the time of the alleged incidents was shown.

Jane Doe 1 was the first People's witness. After she identified photos during direct testimony, Jane Doe 1 grabbed a tissue and dabbed her eyes, wiping away tears when she spoke about Landergen touching her. When she was testifying earlier, she spoke clearly into the microphone and the emotion may not have been as apparent. Seeing her emotion in the few seconds as Ms. Timm walked back with the photos to counsel table and in the silence of courtroom, if I saw it and was affected, how do you think the jury closer to her felt?

Landergen shook his head during Jane Doe 1's testimony. The time it was most obvious was when she was testifying about him saying, "Why do you look sad? When I am fucking, I am happy."

Ms. Timm's opening statement:

"It made me feel wierd and embarrassed."

"I had never had a coach touch me like that and I played sports all my life."

"My other teachers don't talk like that."

Ms. Timm said the alleged incidents occurred over two years at Fortuna High School; the 2021-2022 school year.

Jane Doe 1 is an adult now. She was a 15 year old sophmore when the alleged incidents took place was shown on the screen. Her photo was on the powerpoint presented by Ms. Timm. Her friends Mariyah Rice, Hannah Weitzel and Kasidy Johnston were mentioned. The names are what I am hearing in a verbal presentation and in a small county like this and in a small high school, most people know who the names refers to even before charges were filed. It was all over social media and in the Fortuna community.

Ms. Timm said Landergen heard the word "fucking." He responded, "I love fucking. Fucking makes me happy." Ms. Timm said Landergen put his arm around Jane Doe 1's shoulder, pulled her face close and said, "I love you." Landergen grabbed and squeezed "her buttocks." Jane Doe 1 disclosed this to her three friends. Next day, Jane Doe 1 did not go to practice.

Ms. Timm then showed a photo of Jane Doe 3. Landergen did partner stretches with 15 year old Jane Doe 3. He "had her lay down on her back, kneel, ran his hand up her thigh and grabbed her buttocks."

Jane Doe 2 told Landergen "stop, stop, don't touch me."

Jane Doe 3 said "she had never experienced anything like this with any other male coaches."

Landergen touched Jane Doe 2 and 3 in the same way.

Ms. Timm spoke about the timeline of the reporting, the school investigation, the police investigation, and witnesses which include Fortuna High School District Superintendent Clint Duey and Fortuna Police Detective Ryan Richardson and DA Investigator Ryan Hill who was a coach at St. Bernard's and Eureka High.

"Mr. Landergen's sexually assaultive behavior was the last straw."

Ms. O'Connell's opening statement:

"There is a difference between inappropriate conduct and illegal conduct."

"You will hear a lot about inappropriate conduct and what might be considered inappropriate conduct."

This was repeated a few times throughout Ms. O'Connell's remarks to the jury.

She said Landergen has been a coach for 40 years and there has not been a single complaint; that he made these remarks in the open, in front of boys and girls" and that her client did not do these things for sexual gratification or an abnormal interest in children.

Jane Doe 1's testimony:

Jane Doe 1 spoke about Brylee Barsanti turning down Landergen's offer to stay after class. "She said Barsanti was uncomfortable."

Landergen told a female student, " You have to take two trips because you have a badonkadonk." He overheard one of Jane Doe 1's friend say "fuck" and he came over and said, "Why do you look sad? When I am fucking, I am happy."

Jane Doe 1 testified about an incident where Landergen "hugged her, put his arm around her shoulder, pulled her close, his hand slid down her back and then he grabbed and squeezed her buttocks."

"I was shocked, I didn't know how to react. I was uncomfortable."

Jane Doe 1 said she did not go to track practice the next day because she was uncomfortable and her back was sore.

7/31 court minutes: