Orange County District Attorney Press Release
For Immediate Release, Case # TBA: August 2, 2013
SANTA ANA – Two men will be arraigned today on charges of sex trafficking two minor girls under the pretense of taking a road trip. Michael Wayne Greer, 24, and Jaylin Juwan Marshall, 20, both of Sacramento, are each charged with two felony counts of human trafficking, two felony counts of pandering a minor over 16 years old by procuring, one felony count of pimping a minor for Jane Doe #1, and one felony count of attempting to pimp a minor for Jane Doe #2, with a sentencing enhancement for human trafficking by coercion, deceit and fear. Marshall has a prior conviction for a 2011 residential burglary in Sacramento County. If convicted on all counts, Greer faces a maximum sentence of 30 years to life in state prison, and Marshall faces a maximum sentence of 60 years to life in state prison. The People will be requesting $1 million bail for both defendants at their arraignment scheduled today, Aug. 2, 2013, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.
Circumstances of the Case
Greer and Marshall are accused of being pimps/modern-day slave owners who exploit women and/or children for financial gain. Pimps often establish rigid rules that their victims are expected to follow including requiring victims to turn over all payment they receive for sex acts from sex purchasers to their pimp.
Months before July 2013, Greer is accused of befriending 17-year-old Jane Doe #1.
On July 29, 2013, Greer and Marshall are accused of meeting Jane Doe #1 and 16-year-old Jane Doe #2. They are accused of convincing the victims to go away with them with the intent to traffic them and sexually exploit the girls for a commercial purpose under the pretense of going on a road trip. Marshall is accused of posting sexual advertisements featuring Jane Doe #1 on Internet websites known for prostitution. The two defendants are accused of driving the teen victims to San Jose and then to Orange County. During this time, Marshall is accused of forcibly instructing Jane Doe #1 to perform lewd sexual acts in exchange for money.
On July 31, 2013, Greer and Marshall are accused of putting both girls in a Santa Ana hotel room to engage in commercial sex. The defendants are accused of setting up two encounters with sex purchasers; one of them was an undercover officer from the Santa Ana Police Department (SAPD). The defendants were arrested that day.
This case was investigated by SAPD. The Federal Bureau of Investigation and the Anaheim Police Department assisted in the investigation. Deputy District Attorney Bradley Schoenleben of the HEAT Unit is prosecuting this case.
Proposition 35 and HEAT
In November 2012, California’s anti-human trafficking Proposition 35 (Prop 35) was enacted in California with 81 percent of the vote, and over 82 percent of the vote in Orange County, to increase the penalty for human trafficking, particularly in cases involving the trafficking of a minor by force.
The Orange County District Attorney’s Human Exploitation And Trafficking (HEAT) Unit targets perpetrators who sexually exploit and traffic women and underage girls for financial gain, including pimps, panderers, and human traffickers. The HEAT Unit uses a tactical plan called PERP: Prosecution, to bring justice for victims of human trafficking and hold perpetrators responsible using Prop 35; Education, to provide law enforcement training to properly handle human trafficking and pandering cases; Resources from public-private partnerships to raise public awareness about human trafficking and provide assistance to the victims; and Publicity, to inform the public and send a message to human traffickers that this crime cannot be perpetrated without suffering severe consequences.
Under the law, human trafficking is described as depriving or violating the personal liberty of another person with the intent to effect a violation of pimping or pandering. Pimping is described as knowingly deriving financial support in whole or in part from the proceeds of prostitution. Pandering is the act of persuading or procuring an individual to become a prostitute, or procuring and/or arranging for a person work in a house of prostitution.
Penal Code Section 236.1 defines:
(1) “Coercion” includes any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of any controlled substance to a person with the intent to impair the person’s judgment.
(2) “Commercial sex act” means sexual conduct on account of which anything of value is given or received by any person.
(3) “Deprivation or violation of the personal liberty of another” includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.
(4) “Duress” includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess any actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or immigration document of the victim.
(5) “Forced labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person.
(6) “Great bodily injury” means a significant or substantial physical injury.
(7) “Minor” means a person less than 18 years of age.
(8) “Serious harm” includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm.
(i) The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of “deprivation or violation of the personal liberty of another,” “duress,” and “coercion” as described in this section.
Tony Rackauckas, District Attorney 401 Civic Center Drive West Santa Ana, CA 92701
Susan Kang Schroeder Chief of Staff Office: 714-347-8408 Cell: 714-292-2718
Farrah Emami Spokesperson Office: 714-347-8405 Cell: 714-323-4486