. MBOLDT SUPERIOR . I CK ?505,993 COUNTY OF HUMBOLDT, STATE OF CALIFORNIA THE PEOPLE OF THE STATE OF CALIFORNIA, APR 1 4 2.015 Plaintiff, DECLARATION IN SUPPORT VS Kailan Meserve I Defendant, I i Investigator Kyla Baxley Declares under penalty of perjury that the following is true and correct: That he'has and there is probable and or reasonable cause to believe, and that he does believe, that the crime(s) of PC209 3; 2; PC x5; 2; PC 459; PC 667.61 (toot) - has/have been committed by (Name) Kailan Meserve (D.O.B.) 1 l/ 1970 (Address) 235 Lincoln Avenue. Petrolia CA (Description) WMA 6' 165le BLU HZL And probable cause exists for-his/their arrest. . . i Your Declarant basis this belief on the following facts: Case HDSO In the early part of December, DDA Brown?eld stated he had received an email from an acquaintance, Jane Doe stating she was aware of a sexual assault that occurred in Petrolia with Kailan Meserve. She stated she attempted to make a report to Deputy Hass of the Sheriffs Of?ce, whom she understood to be the investigating of?cer, but he told her to contact the District Attorney?s Of?ce. On 12/24/14, in the afternoon hours, I Spoke with a 32 year old female, to whom I will refer to as Jane Doe #2 for the entirety of this report, due to the nature of the allegations. I 'l Jane Doe #2 lives in the bay area. During Christmas of 2013, she came to visit family in Humboldt. On December 26th, 2013 she decided to go to Petrolia for the evening to visit longtime friend Ashleigh Groeling. She arrived in Petrolia around noon and met Ashleigh and Monica (who was clari?ed to be Kailan Meserve?s wife) at the Yellow Rose. They all had an alcoholic beverage at the Yellow Rose and went to Ashleigh?s dad?s residence for a brief time to drop off Jane Doe #2?s car. They then went to Kailan?s residence which was a short drive away. Doc #2 explained that the Yellow Rose, Ashleigh?s dad?s house andKailan?s house were all in the same area and very short distances from each other. Doc #2 said that she had met Kailan only a couple times over the past several years and never had hung out with him or his family. When they got tohis house, Ashleigh, Monica and Doc #2 ate food and played with Monica?s two toddlers. Travis and Lisa, whom Doc #2 had never met arrived at Kailan?s house and they all went out to a shed area to play darts, listen to music and drink beer. As a group they decided to go back to the Yellow Rose. After spending a few hours there they all left. Doc #2 believed everyone to be drinking and having a good time. Doe #2 could not recall what time of the evening was when they left. Ashleigh drove the two of them back to her dad?s house. Ashleigh went to sleep downstairs and Doc #2 went to the upstairs area to go to sleep. Doc #2 described the upstairs area with no doors or walls and similar to a loft with a single mattress and blankets on the floor. She believed there to be other bedrooms but much of the house was under construction. Doe #2 said she fell asleep in the clothes she was in and awoke to Kailan laying on top of her. She said that the room was very dark with no ambient light but knew, without a doubt, it was Kailan based on his voice and what he was saying. Kailan started kissing her and she described feeling like she didn?t know what was going . on. Doc #2 told Kailan ?no? seve mes andhe covered her mouth with and. She remembers saying ?what are you dOing', you have a wife and kids?. Every time She tried to talk, Kailan would-coverherrnouth. Kailan pulled Doe #2?s hair really hard to ensure she could not go anywhere. Doe #2 remembers thinking that she didn?t knowher way around the house or community and wouldn?t know Whereto go if she did get away. She tried to crawl away and Kailan would pull her back to the bed. She tried to physically pus'hhim 'off but he would pull her hair harder. He to'ok off all of Doe #2?s clothes, including her bra and underwear, Doe #2 described him being really strong and quick. He'told her several times that. ?theyiw0n?t kn'ow? and put his hand on her mouth harder. She said he never ?threatened her? but felt by his demeanor and saying this and-keeping her mouth shut was very threatening to her. Doe #2 described Kailan as being extremely forceful and stating ?no one will know?. Kailan initially had his underwear and pants off and later took off his shirt. Kailan tried to have sex with Doc but Doe said that his penis wouldn?t get hard. He would try and put his penis inside her and couldn?t, it would sometimes get a little erect and go inside of her but it would go limp again. Doc #2 deScribed Kailan as being ?rough, forceful and frantic. Like he had something he wanted to do and it wasn?t working?. He attempted to haVe Doc #2 give him oral sex by putting his penis in her mouth and forCefully made her touch his ?balls and at one point put his testicals in her performed oral sex on her several times during the coarse of this assault and he placed his ?nger in her vagina. Doc #2 said he fondled her breasts and sucked on her nipples really hard, enough so they were still painful several days later. She felt that if she screamed he would hit her because he was so aggressivetowards her. Doc #2 estimated this lasted for at least 30 minutes. It eventually stopped andKailan left. Doc #2 said she thinks she wrapped herself in a blanket and eventually fell asleep. - . . . She did not know how long she was asleep when she woke up to Kailan back on top of her. Shesaid he was very cold as if he had been outside, but she had no idea. Kailan did the exact thing he did the ?rst time he Was there. Doe #2 said she couldn?t believe it was happening again. Doe #2 said that Kailan still couldn?t get hard but attempted to have sex with her as he did before and performed oral sex on her. She restated thateverything that happened before, happened again. Doc #2 knew that it was Kailan again, because it was the same ?smells and everything, no question about it?. She said he .was justas aggressive and eventuallyleft. She Went I downstairs and woke up Ashleigh. Doc #2 said she was crying ?really bad? and eventually Ashleigh cried too. They went to Ashleigh?s brother?s house for a brief moment and later came back to the houSe. Doc #2 said she didn?t think she told Ashleigh what happened in detail but said that ?Kailan was here and raped me? and that ?he did things to me that no one has ever done to me sexually?. Doc #2 awoke late and drove back to the bay area. She said the drive took her 9-10 hours, because she'had to pull over several times to throw up and occasionally fell asleep'in her car on the side of the road. I On 12/26/14, Jane Doe #2 and her friend, Ashleigh arrived at the Of?ce and met with DA Investigator Kirkpatrick.Ashleigh called Kailan, who quickly asked Ashleigh to hold on while he went outside. Kailan told Ashleigh that he is ?changing, that he needs to change?. That he tried to do it before, but wanted to sincerely apologize if he ?fucking messed Jane Doc #2 up like this? . It wasn?t something he meant to do. He is going to start therapy. He told Ashleigh that he gave it a lot of thought and though he is capable of lots of things he was never forceful, no one ever said no, or to get out, because that would make him ?click back to reality?. He told her he was ?smoking more weed, trying to drink less and had quit Speed, but started dabbling again and needs to stop and he will stop going to the bar. That he is working on it?. He told her had to retain a lawyer ?just in case? but ?honestly he is not that fucking person?. Kailan stated he is obviously an alcoholic, you add speed in that mix and you drink more. The ?last thing that he would ever want to do or feel like he could do would be commit a sexual assault or rape?. Ashleigh responded ?but you did?. Kailan said, ?but that?s what I don?t understand?. No one ever said no or stop. Kailan stated he remembered way more than he ever talked about. He told Ashleigh if he ?could have one way glass and could apologize for anything that was portrayed as sexual assault he would?. He was ?appalled that?s even something he could do?. Kailan said he was sorry that anything could have possibly happened and that he is going to a therapist. Kailan said he ?came to the house, she (Jane Doe invited me upstairs, I went down and then I went back because I was fucking whiskey dick i or whatever?. He stated ?the assault thing, I never committed an assault, I?m just not capable of that I?m just not. I?d love the chance to apologize to her. I?m ashamed that someone could be feeling like that. Me being at the bar until two in the morning is not good. Obviously. I am going to start seeing a therapist.? On 2/3/15, at about 1400 hours, Carrey Call an advocate from Victim Witness and I met with Jane Doe at Arcata Police Department. Doe said she came to the Petrolia area to look for work, initially to find employment with the Mattole Rlver and ended up trimming marijuana for sme money, but it was not her ?objective? for coming to Petrolia, Doe said the night of the assault she and her friends Went to the Community Center where they have Ping-Pong tournaments. Kailan, whom she had met the night prior in which there had been'a biZzare interaction and otherwise knew him "only as a fellow community member, arrived at the Community Center and offered beers to Doe throughout the evening, which Doe declined. Late in the eVening, Kailan approached Doe and asked her if she had a minute to talk, Doe told him that she needed to go home and Kailan offered to give her a ride. Doe told me she thought it was ?ne to go with him because the community talked about What a great guy? he was and she felt like she Wanted to talk With him about the night prior, as opposed to avoiding the topic. Doe said that he Started driving and turned dowii a road near the school and the opposite direction from where she was-staying. Doe said she started getting a ?weird feeling?. Kailan turned doWn a road towards the eucalyptus grove and Doc said She ?really started freaking out?. He turned off his truCk outside one of the trailers. Doe told Kailan that ?she didn?t know what was going on? and said ?don?t you have a wife?. .Kailan tried kissing her and getting ?really handsy?. She said she kept trying to change the topic, because she ?kin of knew what he wanted to do?. Doe said that part of her wanted to run, but she was back in the eucalyptus grOVe and went in to panic mode and stated freezing up. Kailan asked her to come inside the trailer, Doe said initially she was hesitant and then Went in. I asked Dee why She went in the trailer, she said she was panicked and freaked and didn?t have another option at this point It was sit in the truck and not do anything or run or go inside. She knew she couldn?t get herself to run because she was more afraid of what wOuld happen if she did. She didn?t know if he would hurt her. Kailan stated telling her that he ?was going to make (D0e)-his_ bitch?. Doe stated the more he said things like this the more exCited he made himself. Kailan started getting demeaning and violent in the things he was saying to Doc. Doe said she went into the trailer and she didn?t know what to do or how to handle herself in this situation. Kailan' asked Doe if she had been (had sex) with anyone in Petrolia and she told him she had not. Kailan told Doe that he would . kill her if he found out she had. He told her he w0u1d freeze her body and throw her out fer the animals to eat. Kailan told Doc to take her clothes off while he took his off. He became impatient and Doc took her shirt and shorts off. Kailan had lay. 0n the bed and he took off .the rest of her clothes. Doe described the trailer as a 5th wheel with a bed that didn?t have any blankets or pillows. Kailan began kissing Doe on her face and neck . and moved down to her breasts-Doe said she-did not kiss him back and was fidgety. Doe described his kissing I as forceful, her breast were sore for several days and she had bruising. Her breasts remained raw for several days from him biting them so hard. He started to have sex with her and then put his penis into her mouth. Doe stated she didn?t think he wore a condom. Doe said he made her give him oral sex until she started choking. He started having sex with her again and choking her with his-hands until she has having dif?culty breathing and coughing. Doe said when she was choking he was ?calling her out? saying that she was ?weak and couldn?t take it?. Dee said she told him ?she didn?t want that? or tried to refuse certain things, like the oral sex. Kailan would respond that she was his bitch and force her. She said that he put his hands on the back of her head and forced her into his crotch. I asked if he gave her oral sex and she said it had happened, sometime during the assault. She believed that the assault ended because he could not ejaculate. Doe said in the morning she recalled her breasts hurting and her vagina feeling raw and sore. Your Declarant has reasonable cause to believe that grounds exist for the issuance of a warrant of arrest, as set forth in Sections 802, 813, and 952 of the Penal Code, Based upon the aforementioned information, facts, and circumstances. Your Declarant prays that a warrant of arrest be issued, based upon the facts, for the arrest of said person (in the daytime) (at any time of the day or night, good cause being shown therefore). Day of April 20 15 Executed under penalty of perjury this 8 at Eureka California 42.9319 952 FILED MAGGIE FLEMING APR 3201.5 DISTRICT ATTORNEY SUPERIOR COURT OF CALIFORNIA Humboldt County COUNTY OF HUMBOLDT 825 Fifth Street Eureka, CA 95501 (707) 445-7411 AttOrney for Plaintiff COURT OF CALIFORNIA COUNTY OF HUMBOLDT THE PEOPLE OF THE STATE OF CALIFORNIA Plaintiff, CR1501663 - . - DECLARATION IN SUPPORT OF APPLICATION TO EXAMINE vs. SOURCE OF BAIL . (PENAL CODE ?1275; Kailan Coridon Meserve, - Defendant. I, Kyla Baxley, hereby declare: That I am the District Attorney Investigator for the County of Humboldt, and am assigned to the above- entitled case. Defendant Meserve is in custody multiple offenses including PC sections 290(b)(1), 261 28 289(a)(1), P0422, PC220, and PC459. Based On the investigation I?ve formed the opinion that Mr. Meserve is a large?scale commercial marijuana grower and his only source of income is from his clandestine marijuana operation. I base this Opinion on the following facts: 1. Jane Doc #1 stated to HCSO Deputy Hass that she had come into contact with Mr. Meserve for the purposes of being employed to assist with his marijuana grow as a trimmer. Friends of hers who were familiar with Mr. Meserve had encouraged her to contact Mr. Meserve to seek such employment to assist with his marijuana grow. lknow based on my training and experience and the experience of others that large scale marijuana cultivation operations Often employ ,individuals to trim and or manicure the buds of marijuana plants due to the large scale of marijuana that is produced. . - 2. When Deputy HaSs spoke with Mr. Meserve 0n 1 1/23/2014, Mr. Meserve was reluctant to speak with Deputies until he was assured they were not there to investigate him growing marijuana on his property. Mr. Meserve told Deputy Hass that he had ?rst met Jane Doc #1 when mutual friends asked him he had any trim work for her. He stated that he and Jane Doc #1 discussed him hiring her to trim marijuana for him. - I I 3. During this investigation utilized Google Earth to view Mr. Meserve?s properties and observed 'a large amount of commercial style green houses thatbased on my training and experience are commonly Used to cultivate marijuana. Based on my training and experience, these types of greenhouses are often used to produce multiple crops a year of marijuana. Based on the amount and size of the greenhouses, it is my opinion that Mr. Meserve is capable of producing a large amount of marijuana for commercial purposes. Based on my training and experience as it relates to large scale marijuana grows, it is by belief that Mr. Meserve has no legitimate source of income. Based on the above noted information, I believe that any bail tendered by MESERVE will be the proceeds of illegal drug sales and further believe that compliance with Penal Code section 1275 requires a hearing to' determine whether the source of any proffered bail was feloniously obtained. I believe that the assurance that the defendant will make all future court appearances depends on both the quality and quantity of this bail. - Dated this 28rd day of April, 2015. Kyla Bakley Investigator Humboldt nty Office 2.13.213 1T IS HEREBY ORDERED that in the event bail is tendered by the defendant, MESERVE, that the Sheriff of Humboldt County shall not accept such bail until the judge or magistrate, in whose court the above? entitled case is pending, has conducted a hearing pursuant to Penal Code section 1275.I.Therefore the Sheriff of Humboldt County shall not releas the defendant, MESERVE, regardless of bail set, until 71her order of the court. 9?3/0? . JUDGE OF COURT MARILYN 3. MILES Dated: 4/