Two women who knew Michael McClish testified Monday, June 25, that the Ben Lomond resident had pinned each of them to his bed but didn't do anything sexual in either incident. McClish isn't charged with any crimes related to those incidents. ...These two women were not claiming to be victims of sex crimes; they were just public witnesses participating in a character assassination. Their testimony should not have been even considered relevant to the case.
The Press-Banner has a policy against naming the reported victims of sex crimes and domestic violence. In this case, we also are not naming the reported victim's relatives, because that would point to her identity.
The rape case seems very weak:
In the second week of the trial, the victim testified that she had an 18-month affair with McClish, often meeting him for consensual sex at a location on Old County Road in Ben Lomond that they called "up top."Note that the paper calls the accuser a "victim", even thoough no crime has been proved.
One day she called McClish at home because of car trouble, she said. When he showed up and her car started, she said, they went to "up top." That was where he reportedly raped and sodomized her, dangled her off a cliff and threatened her with a hatchet.
Afterward, both returned to McClish’s house, and she didn't mention the incident to McClish's wife, she said. She also said she participated in family activities with the McClishes, including a trip to Disneyland after the alleged incident. Also after the incident, she said, she left her daughter with Melissa McClish for child care.
Here is the real reason for the prosecution:
She never reported the alleged incident to authorities. The Santa Cruz County Sheriff's Office arrested McClish only after detectives, questioning market employees about the disappearance and killing of market cashier Joanna "Asha" Veil nine months ago, heard her story.You can figure that the case is bogus when you see stuff like this:
Also Monday, an expert on "intimate-partner battery" -- the present term for what used to be called battered-woman syndrome -- told the nine-man, three-woman jury that victims of sexual assaults often are unable to remember clearly what happened and frequently stay with their abusers.If they think that McClish is a murderer, then they should try him for murder. The rape charge is ridiculous. I don't believe that women goto Disneyland with their rapists, no matter what the so-called experts say.
Update (July 6): The verdict just came in:
After deliberating for just over two days, a jury of eight men and four women found Michael McClish guilty today of one count of rape, two counts of sodomy, assault with a deadly weapon and threatening the life of a woman he was having an affair with two years ago.Amazing. I don't see how the jury can reach that conclusion, unless they suspect him of killing Asha. Real rape victims just don't goto Disneyland with their rapists.
McClish, of Ben Lomond, was arrested in September and has been held in County Jail since his arrest. His bail remains at $1.5 million tonight.
He faces life in prison. Sentencing is set for August 3.
McClish had an 18-month affair with the woman, a 30-year-old Aptos resident he met when they both worked at the Ben Lomond Market. He hid the affair, one of four he had during his 9-year marriage, from his wife, Melissa McClish. She defended her husband in court, but has said she will divorce him.
The rape charges against McClish surfaced during the investigation of the killing of Joanna "Asha" Veil, a 28-year-old pregnant Ben Lomond Market employee who was found dead on Love Creek Road in mid-September.