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5 years later, is Mercedes Carrera finally going to trial?

LEGAL NEWS STRAIGHT

After five grueling years of legal battles, preliminary hearings, and repeated delays, the trial of Mercedes Carrera and her husband, Daemon Cris, is set to commence.

Mercedes Carrera is Going to Trial - 5 Years Later

The couple faces severe allegations involving sexual misconduct with a minor and other criminal activities. Arrested in February 2019, Mercedes Carrera and Daemon Cris have remained in custody, awaiting a trial fraught with complexities and postponements, mostly attributed to defense motions.

Mercedes Carrera and Daemon Cris (aka Jay Allan, Jason Allan Whitney) were originally accused of eight counts of sexual acts with a child under the age of 10, alongside a charge of possessing a controlled substance—methamphetamine—while armed with a handgun.

These allegations surfaced after a nine-year-old child, identified as Mercedes Carrera’s daughter from a previous marriage, provided detailed descriptions of the alleged abuse during a preliminary hearing. Her testimony, which was played as an audio recording in court, depicted a disturbing four-month period of repeated assaults.

The couple’s apartment, a site also used for producing adult content, became a focal point of the investigation. It was in this setting that the child reportedly was present during the filming sessions, albeit in a different room. This environment, coupled with the presence of drugs and firearms—found during a police raid—has painted a troubling picture of the living conditions under which the alleged abuses occurred.

Carrera has publicly refuted the allegations, suggesting that they were fabricated by her ex-husband, whom she describes as a “fundamentalist Christian” with motives to harm her reputation.

Trial Date Set for Mercedes Carrera #NewCharges

However, witnesses who knew the couple have come forward to claim that they were aware of two other male performers who stayed with the couple, often sleeping on their couch, and would film content with them in the apartment – the apartment where the child victim lived. The very same apartment where the police found guns and drugs.

Legal Proceedings and Public Reaction

Their last hearing was on Friday, May 3, where they set a date for the next pre-trial hearing, scheduled for May 31, 2024, at the Rancho Cucamonga California courthouse, which aims to solidify the jury instructions and address any residual legal queries before the trial officially begins. This procedural step is crucial, especially given the historical delays that have plagued this case, leading to public scrutiny and discussions about the efficiency of the judicial process in handling sensitive cases involving minors.

This case has been very active in the courts. In 2024 alone, they’ve already had six hearings. They had an additional 30 hearings in 2023 as well. Most of the delays are not on the side of the prosecution – in fact, they are the defendants delaying the case. Almost every delay in the last five years has been on the part of the defendants.

Let’s Look Back on the Charges

It’s been five years since the initial arrest, so what are the final charges that Mercedes Carrera is facing now that she’s about to go to trial? There are a total of 11 charges pending. They are as follows:

PC288.7(A)-F (1 count) – SDMY: VICTIM UNDER 10YRS

(a) Any person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger.

PC288.7(B)-F (10 counts) – ORAL COP: VICT UNDER 10YRS

(b) Any person 18 years of age or older who engages in oral copulation or sexual penetration, as defined in Section 289, with a child who is 10 years of age or younger.

In addition to the 11 counts that they both face, her husband faces an additional charge of PC4502(A)-F: Prisoner Possess Weapon, which he was charged with on February 3, 2022. It is unclear what specific weapon he was caught with and how it will affect his sexual assault charges for his case with Mercedes Carrera.

The upcoming trial of Mercedes Carrera and her husband, Daemon Cris, is poised to deliver a potentially life-altering outcome, particularly for Carrera, if she is convicted of even one of the charges she faces. Charged under California Penal Code (PC) 288.7, her alleged offenses carry stringent penalties, including mandatory sex offender registration and prolonged prison sentences.

Legal Background and Offense Classification

Under California law, PC 288.7 addresses sexual crimes involving minors under the age of 10 and classifies these violations as felonies. Specifically:

  • PC 288.7(a): Convictions will result in a prison sentence of 25 years to life.
  • PC 288.7(b): Convictions will result in a prison sentence of 15 years to life.

These offenses fall under the category of “super strike” crimes, meaning that even without prior “strike” convictions, a defendant is liable to face life imprisonment. Additionally, both subsections are classified as serious and violent offenses under PC 1192.7 and PC 667.5, respectively.

Lifetime Registration and Other Legal Implications

Any conviction for PC 288.7 mandates lifetime registration as a sex offender, per PC 290 and Senate Bill 384. The legislation also ensures that individuals found guilty of these crimes are not eligible for probation, split sentences, or suspended sentences, as per PC 1170 and PC 1203.066. Furthermore, as PC 288.7 offenses are classified as “serious” and “violent,” they do not qualify for sentence reductions under California Proposition 57, and “good time credits” earned during imprisonment are capped at a mere 15%.

The strict penalties tied to PC 288.7 offenses will inevitably play a significant role in Carrera’s defense strategy as she and Cris prepare to face the courtroom in the coming months. The weight of a conviction for these crimes leaves little room for negotiation, raising the stakes significantly for both sides.

If convicted, Mercedes Carrera will likely spend the remainder of her life in prison, a grim prospect that underscores the seriousness of the alleged offenses.

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