RANDOLPH E. SEN 8819a <3b?a?sa?1?qcf 506 Broadway San Francisco; CA 94133 Telephone: 415/986?5591 Facsimile: 415/421-1331 Attorney for Defendant I 2015 SH KAILAN CORIDON MESERVE SUPERIOR COURT OF CALIFORNIA COUNTY OF HUMBOLDT SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF HUMBOLDT 11 PEOPLE or THE STATE OF-CALIFORNIA, NO. 1501663 Plaintiff, NOTICE OF MOTION Arb' MOTION TO REDUCE BAIL 12 13 v. 14 KAILAN CORIDON MESERVE, Date: May 2015 Defendant. Time: g3; 5?1, - Dept: 15 16 TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO THE DISTRICT ATTORNEY OF HUMBOLDT COUNTY: 17 18 19 PLEASE TAKE NOTICE that on the date and at the time 20 indicated above, defendant KAILAN C. MESERVE, by and through 21 counsel, will and hereby does move the Court for an Order 22 reducing bail in this matter. 23 This motion is made on the grounds that the defendant is 24 neither a flight risk, nor is a danger to the community, and meri 8 the Court's. redwtian 9:13.116 Present $2 million __193il.- I .-. ?Home.? .. .. 27 attached declaration, the memorandum of points and authorities LW OFFICES 1 23 A served and filed herewith, on all the papers and records on file LW OFFICES ANCISCO 1 in this action, and on such testimony and documentary evidence 2 as shall be presented at the hearing of the motion. 2015 DATED: May 1, Respectfully submitted, ?Emotes E. DAAR Attorney for Defendant KAILAN C. MESERVE momm or POINTS man mummies STATEMENT OF Mr. Meserve is charged in a 19?count indictment filed on April 14, 2015. The indictment involves multiple charges related to two different Jane Does; one aileged-to have occurred on November 9, 2014; the other alleged to have occurred on December 26, 2013. The charges related to Jane Doe 1, occurring on November 9, 2014, include counts 1H7, an alleged series of offenses of I 10 violations of sections 209(le, kidnapping to commit another 11 crime; and PC 26l(a)2, forcible rape. _All the counts relate to 12 a single incident that took place over seteral hours on November 13 9, 2014. 14 Counts 8*19 all relate to a single incident occurring on 15 December 26, 2013, involving Jane Doe 2. Mr. Meserve is charged 16 with two identical counts of forcible rape arising from the same 17 incident, along with five counts of forcible oral copulation. 18 The Peeple charged two separate counts (16 and 17) of 19 The investigation began when Jane Doe 2 was interviewed by 20 the police on December 24, 2014. Jane Doe 1's allegations came 21 to light on March 2, 2015. On March 13, 2015, the District Attorney's office sent two investigators to talk with Kailan Meserve regarding one of the two pending rape investigations. The DA investigators and Mr. Meserve engaged in an extended dialogue regazding the potential against Mr. . . .A Irue?uttimateiytraiced?his right to counsel and 27 the interview was terminated. Counsel subsequently contacted 3W i m$$gg 28 the Humboldt County District Attorney's office regarding the investigation and expressed Mr. Meserve?s willingness to surrender if and when charges were filed. On March 31, 2015, the District Attorney's office provided counsel with a Notice under 28(b)5 of Article 1, requesting that there be no contact with the victims in the case. The District Attorney?s office also indicated that they were_not certain how they would proceed ones charges were filed, but that counsel therein would be informed. I On or about April 14, 2615, a complaint was filed and an arrest warrant was issUed. There was no attempt to informh counsel until April 27, 2015. Mr. Meserve surrendered on April 30, 2015. I I Mr. Meserve is a5 years old and has no significant prior criminal history. He has resided with his family in Petrolia 15 since 1974. The only time he was out of the area was for a few 16 years in the 19903, when he worked as a stonemason and carpenter 17 for Jeff Geroleing. While working for Mr. Geroleing, Kailan met 18 his present wife, Monies. In 2001, they married and moved back 19 to Petrolia to start their life together. In 2011, after many '20 years of trying, heartbreaks, fertility testing and treatments, 21 and, finally, in vitro fertilization, Monica at last give birth 22 to their twin daughters, Maddyx and MacKenzey. Monica reports 23 that Kailan is an active father and is involved in the 24 children's bedtime and daily routines. Kailan comes from a stron? and supportive family. ?His Shortly after meeting Kailan?s mother Lynn, he moved to 1W OFFICES 28.?etrolia, buying land there which he still owns to this day. David and were divorced and David moved to Arcata in 1990. He owns his own business designing and building in Humboldt since 1990. David is currently married to Elizabeth Roberts, who helped found the Arcata Artisans' Cooperative Gallery on The Plaza in 2013 and is still active in the business. David owns a home and other property in Arcata which they are willing to put up as seCurity for Kailan's bail. Kailan's sister Erin also lives in Eureka, where she is.an awardiwinning teacher to autistic pre~schoolers. Kailan has been actively involved in mentoring Erin?s young son, Tyser. 11 Kailan's sister Amy visits often from the Seattle area, 12 where she is one of the principals at Rosh Construction. She is 13 also willing to offer significant security for Kailan. She 14 reports that Kailan has a close relationship with his nieces, 15 morgan, Jaycie, and Brooklyn, as well as his daughters. Kailan 16 also maintains close relations with his youngest sister, Shayla and her son who reside in Eureka. 17 Kailan is supported by 18 numerous persons in Petrolia, including well?established 19 landowners and businesspeople such as Dick Cogswell, who has 20 provided a significant proposed deposit for bail. Kailan has actively volunteered with the Petrolia Fire Department, the Mattole Valley Community Center, and the Mattole Union School, where his daughters attend play group. masonry skills are showcased in historical monuments built in He and Monica?s iW OFFICES .r i now? .WCISOO - m5, g-L-Jggw 27 Mattole Valley children. 28 Mr. Meserve has recognized that he has a problem with his addiction to alcohol. His sister Amy has arranged, if and when Kailan is released, to take custody of him and bring him to her home in Washington state. She has arranged for him to be on her health plan and a residential alcohol detox and treatment located near her home in Washington. It is her intention, with the Courtfs_permission, to have Kailan and his family remain with her in Washington during his recovery. Upon the bondsman?s _suggestion, Mr. Meserve has agreed to wear_an electronic nonitor? while in Washington to further preside assurances that he will 10 not flee. 11 I I. 12 MR. MESERVE SHOULD as GRANTED A REASONABLE 13 BAIL 14 Cal. Penal Code section 1275(a) provides clear guidance to 15 the Court in establishing bail. The criteria is as follows: (1) 16 the protection of the public, (2) the seriousness of the offense 1? charged, (3) the previous criminal record of the defendant, and 18 (4) the defendant?s risk of flight. 19 It is clear from the facts herein that there is no risk of 20 flight, since Mr. Meserve was made aware by the District 21 Attorney's office in March of 2015 of the possibility and 22 likelihood of him being charged with rape, Mr. Meserve retained 23 counsel and stayed in contact with the District Attorney?s 24 office, offering to surrender and, having not been informed of 25 the warrant, learned of the we rrant and surrendered. mme Lw OFFICES 2 ANCISCO . .. . .. .. that the offenses charged are extremely serious, and the bail schedule provided reflects that in the significant amounts . Emma-eve kW OFFICES - . i AN 01300 attached to these charges. However, in this case, given the time between the allegation and the duration of the investigation, there have been no further acts or allegations In addition, Mr. Meserve is with respect to Mr. Meserve. voluntarily removing himself from the area in which the offenses occurred and placing himself into a drug and alcohol.treatment program under the supervision of his sister. A significant bail of $800y000, which would be secured by the personal property of Kailan Mesarve?s family, is a significant device to ensure that the public is protected. 11 12 CONCLUSION 13 Meserve has lived a law-abiding life for close to 45 He is well-established 14 years until the present charges arose. 15 in the community and has offered significant ties and 16 collateral. Defense counsel requests that the Court reduce the 17 present bail to the original $800,000 requested by the People at Mr. Meserve has 18 the time they filed the arrest warrant. 19 approached the situation responsibly and respectfully since He immediately contacted and 20 learning of the charges in March. 21 retained counsel and authorized counsel to arrange for a 22 surrender should charges be filed. He did surrender once He has taken steps to address his 23 charges were filed. 24 alcoholism, and has taken steps to remove himself from a 25 9.0mm?? that Potentially fess threatened, his release: family contacts, ann*nas"a** 2 27 close and significant relationship with his wife and two 28 The original $800,000 bail was served to protect the daughters. 1 public and reflect the seriousness of Mr. Meserve's alleged 2 conduct. DATED: May 1, 2015 Reepectfully submitted, AND Attorney for Defendant KAILAN C. MESERVE 10 11 12 13' 15OFFICES . g' 23 3? ANCISCO