#sextrafficking | Judge drops trafficking charge against Northern California man facing rape charges after attorney alleges racism | #tinder | #pof | #match

A judge decided there was enough evidence to hold a Eureka man for trial on four charges related to sexual assault, but dropped the charge related to trafficking a minor for sex after the man’s defense attorney alleged the charge was racist at the preliminary hearing.

“I don’t believe the court has probable cause to hold him for human trafficking,” said attorney Michael Acosta. “I believe, frankly, that’s a racist, vindictive prosecution. … All the evidence presented on human trafficking was racist; it was related to black, ‘pimp’ culture, as they said.”

Judge Christopher Wilson decided there was enough evidence to hold David Anderson II, 48, on two charges of rape, one charge of forcibly sodomizing a minor and one charge of forcing a minor to perform oral sex on or about Nov. 7 through Nov. 8, 2018. Wilson dropped the charge of trafficking a minor for sex because the evidence that was presented failed to “establish the requisite intent to commit human trafficking.”

“I don’t find there’s sufficient evidence to hold Mr. Anderson to answer as to Count 1,” Wilson said.

Besides pointing to a 2014 conviction related to human trafficking, Deputy District Attorney Stacey Eads’ main evidence for the trafficking charge were the statements the victim said Anderson made to her and items in his apartment that were indicative of “pimp culture.”

Those items included flashy fur coats and books with titles like “Black Players: The Secret World of Black Pimps,” said Eureka Police Department senior detective Amber Cosetti.

“If that’s what he was trying to do with Jane Doe by saying, ‘I will pimp you out,’ the book showed me that that is the type of culture he was interested in,” she said.

Acosta asked if any of the books and other media the detective found indicative of “pimp culture” included materials that “were not related to black people” to which she responded “they all had African-American people in” them.

The other evidence presented by witnesses indicated Jane Doe got a ride from Anderson and wound up at his apartment where she said he raped her twice, in addition to forcing her to engage in oral and anal sex. She told the police later at the hospital that he wouldn’t let her leave, told her he could make a lot of money off of her by pimping her out, and only got away when she asked Anderson to get her cigarettes.

Eureka police officer Timothy Marsolan initially interviewed Jane Doe and testified that she couldn’t find her clothes and left after putting on the first clothes she saw. She remembered approximately where the apartments were and cops were able to match the description of the vehicle she said Anderson picked her up in to the car parked in front of an apartment.

There was some question over whether there were narcotics in a bottle of water Anderson gave Jane Doe after she said she was thirsty, but Acosta’s questioning revealed she had drank whiskey earlier that night.

Acosta tried to point out that Jane Doe’s social media accounts indicated she was over the age of 18, but both Marsolan and Cosetti testified she told Anderson she was almost 17.

“The subject reassured her that would be okay because people like the young ones,” Marsolan said.

Anderson will be arraigned on the charges at 8:30 a.m. June 25 in Courtroom 1.

Sonia Waraich can be reached at 707-441-0506.


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