"It is offensive to men of his generation to say Landerhen is old fashioned; that men of his generation don't have sexual boundaries with children"

Juror replaced two days before closing arguments in alleged molestor Gary Landergen's jury trial. Jury started deliberations this afternoon.

8/6: Juror number 4 excused and replaced by alternate juror 1. People rest. Discussion about communication between witness and defense investigator. This alternate male juror kept falling asleep in court but he was paying attention today. Maybe because we can see him and he is not hidden behind the lectern. Will this replacement affect the verdict? 

8/7:  Judge Steven Steward ruled there was no discovery violation and witness Weylan Knight continued testimony,. Late discovery instruction request by people to be considered by Judge Steward. Landergen states he does not wish to testify. 

The only smart decision Landergen made so far. He should have taken the deal offered by the People. Criminal defense attorneys think so; it isn't just my opinion. Landergen should have listened to Ms. O'Connell and taken the plea which included no registration. The exact offer is in my previous reporting. I don't know that Ms. O'Connell gave him that advice. It is a guess on my part and other criminal defense attorneys experienced in such cases share that opinion. I am glad Landergen didn't take the plea deal because he deserves to be found guilty on all four counts.

8/8 : closing and rebuttal arguments; jury starts deliberations around 2:40 p.m.

Courtroom had 15 people including family members and supporters of Jane Does, students, DA investigator Ryan Hill, Victim Witness Advocate with only one guy there for Landergen. 

Closing arguments started this morning, Deputy District Attorney Whitney Timm gave her rebuttal argument after lunch and around 2:40, the jury started deliberations.

The headline is from Ms. Timm's rebuttal argument. That remark was  in response to Conflict Counsel Supervising Attorney Meagan O'Connell's excuses for Landergen in her closing argument. As a defense attorney, it is Ms. O'Connell's job to do the best for a client. 

As one of the top prosecutors in the Humboldt District Attorney's office and the best Humboldt Deputy DA who has advocated for children and women in sex abuse and sexual assault cases and won, it is Ms. Timm's job to remove any doubts. And she did.

"Someone can be old fashioned and still have a sexual interest in children," said Ms. Timm. "It is offensive to men of his generation to say Landergen is old fashioned; that men of his generation don't have sexual boundaries with children."

"It is unreasonable based on human behavior and evidence to think the girls are lying." Ms. Timm addressed the defense arguments that the girls had a grudge, they did not want Landergen as their teacher. "He hasn't been their teacher for two years. said Ms. Timm.  She pointed out the Jane Does were sophomores at the time of the alleged incidents  "These girls are all successful. They are not causing any problems."

I hope the verdict is guilty on all counts. Ms. Timm has been the only consistent and longest CAST prosecutor and she will take cases to trial and win.

Retired Judge John Feeney dismissed charges at the preliminary hearing and that is the fault of a weak  investigation by Fortuna Police Department Detective Ryan Richardson. He could have done a better job. I am concerned about a couple of jurors but I'd gladly be wrong about those jurors if it means justice for the Jane Does. The credit for any victory belongs to these survivors and Ms. Timm. 

At 4:30, there was a note from the jury. 

8/8 court minutes:

Previous posts (jury trial):

https://johnchiv.blogspot.com/2024/08/why-is-grown-man-touching-15-year-old.html?m=1

https://johnchiv.blogspot.com/2024/07/there-is-difference-between.html?m=1

https://johnchiv.blogspot.com/2024/07/this-is-not-discovery-fishing.html?m=1

I have linked prior coverage from the preliminary hearing and the case several times including the first post on the jury trial. You can search the blog or google those posts if you are a new reader.