2004 PROBE FOILED BY VACATION? Danny Masterson Trial, Day 12, end of day report
[This report was produced live during a court hearing with a lot going on. There will be typos. Please don't email us about typos that you find.]
After lunch session.
On the record. Jury still out.
Karen Goldstein wants to put something on the record. She's concerned about Det Myers going into certain areas, and introducing Scientology terms, and Judge Olmedo talks about how it might be limited etc.
Jury comes in. People you may call in your next witness.
Mueller: We're calling Detective Myers.
Det Myers is sworn in. Spelling of her name: Deborah Myers.
Mueller: Occupation and assignment.
Det 3, Topanga division.
How long a peace officer?
Just under 25 years.
In 2004?
(She said Hollywood station, police officer 2, assigned to investigations of sexual assaults.)
An injury investigation regarding Jane Doe 1?
Yes sir.
The suspect?
Daniel Masterson.
Had you ever met him?
No.
Did you become familiar with a report taken by Officer Schlegel?
That was the injury report you initisally referred to? Yes.
Do you know when your investigation began.
Two days later, on June 8.
Did you have chance to review the report?
I did.
Did you happen to learn that there were certain documents that had been attached to that report, in particular a letter writen by JD1?
Yes, there were some letters attached to the report.
Did you see the one, a letter by JD1?
At that time I had, yes.
So as part of your investigation, by the way, did you have an interview with her?
I did.
On June 8, 2004?
Yes.
As part of that interview did you review that letter?
I did.
You interview, what was the purpose.
When I read the injury report, it read like a crime report as a rape, so I should investigate it as a possible sexual assault, so I was interviewing her to see if that was the case.
That injury investigation report, how did that come to your attention?
It was in my inbox, basically.
So you wrote a separate report after the interview with JD1.
I did.
She told you about an incident on April 25, 2003.
Correct.
And that Det Schlegel had documented.
Correct.
Did she tell you about an incident that happened prior?
She did.
Did she tell you whether the prior incident was consensual or non-consensual?
Yes, she did. She considered it consensual.
And did she tell you about the circumstances?
That she had gone out that evening and became one drink, became intoxicated, couldn't drive, so he took her to his name, he initiated intercourse, then he attempted to sodomize her, and she pulled away and she thought it might have been accidental. Should I go on?
Did she tell you how she felt about it?
She felt awkward.
Did she tell you about the circumstances of how she went there?
That she was too drunk to drive?
Did she tell you about Brie Shaffer?
She did but it was about the other incident?
Did she tell you about a plan to go out with Brie Shaffer and some friends that evening?
Yes, she did.
And did she tell you about whether Brie Shaffer had arrived or not?
Brie Shaffer did not arrive.
Did she tell you anything about drinking any alcoholic beverage?
That she had one drink.
Did she tell you the location?
No, I don't recall.
So she told you that she had one drink?
One drink?
An alcoholic beverage?
Yes.
Did she tell you how she got that drink? Or who provided it.
Yes, it was Danny Masterson who gave her the drink.
Did she tell you anything that once drinking it she recognized something about it.
She did tell me after she drank it that she found out it was a triple.
Now, she told you about this incident on April 25, 2003 at Masterson's home.
Correct.
Did she tell you about being out before that incident?
She did.
Did she tell you why she was out?
To celebrate a birthday?
Did she tell you who else was there.
She did, but I wuld have to refresh my recollection (checks notes). (Does not refresh her recollection.)
Did she tell you how she ended up at Masterson's house?
She was driven there. She was supposed to go to Brie Shaffer's house.
Did she tell you what she did there?
Yes.
Did she tell you anything about having to get a set of keys?
I don't recall that.
Did she mention to you that once she got there she got a drink?
She did. That Masterson gave her a vodka and fruit punch drink.
Did she tell you anything about observing him making it?
She did not observe him make it.
Did she talk to you about, after receiving this drink, what happened after that?
She was outside, talking with other people, and then went into the hot tub.
Did she tell you what happened when she got into the hot tub or jacuzzi?
Yes, she started to feel sick.
Did she tell you what she was feeling?
Difficulty seeing and hearing. Hot and cold. Dizzy.
Did she tell you about the ability to stand up or sit up?
She said she couldn't sit straight.
Did she tell what happened after getting these symptoms?
She got out of the hot tub and sat on the ground.
And then what?
Masterson offered to take her upstairs so she could puke?
(Asks her to check the report to see how she described it.)
What did she tell you?
That Masterson carried her upstairs.
What did she tell you about she was saying?
That she wanted to be let down
Did she tell you she then vomited?
She did.
Then what happened?
That he put her in the shower.
Then what happened?
That he put her on the bed and passed out. Then she woke up and he was having vaginal sex with her. That she put a pillow in her face and he put it back down on her face. And she tried to reach for something to hit him and he held her hands down. And that he choked her and she passed out. When she came to, he wasn't there, so she crawled into a closet and hid behind some clothing. She heard Danny come back in looking for her, and she remembers waking up in the bed again.
Did she also tell you what happened later in the day, on Apr 25, 2003?
I don't believe so.
Did she talk to you about a trip to Florida.
With her family, yes?
Did she tell you it was later on the same day.
I don't think she told me that.
What did she tell you?
That she went to Florida with her mother and father, and that she had visible bruising.
Did you become familiar with the name Shaun Fabos?
I did.
Were there any efforts to locate Mr. Fabos to conduct an interview?
I did make efforts. I"m sure I used our available databases to find contact information, and I asked JD1 for contact information. And whenever I talked to a awitness I asked them.
Were you able to find him?
I was not.
Did you become familiar wth the name Julian Swartz?
I did.
Did you receive contact information for him from JD1.
I did. I actually talked to him.
Were you able to interview him.
I was not.
No further questions.
CROSS-EXAMINATION
Cross by Karen Goldstein.
Goldstein: Your interview with JD1 was June 8 2004.
Yes.
And you did a totally sepearate that was two days after Off Schlegel
Correct.
And the way you documented the interview, you did it in two ways.
Formally? Yes.
You issued a report and a case progress log. And that's how you have the details.
Correct.
You said it's about 25 years as a detective.
25 in LAPD, 18 as a detective.
You're trained in how to write reports.
Yes ma'am.
And to write these logs.
Yes ma'am.
And to include as much detail as you can.
Yes.
And you are aware that some of these reports are used in court.
Correct.
Part of your training is documenting a weapon?
Yes it would.
When you're investigating a violent sexual assault that including a weapon would be a very important fact?
Yes it would.
Did JD1 ever mention the brandishing of a weapon?
She did not.
Would there be a separate report for a firearm.
Yes.
YOu didn't do that because JD1 never mentioned a weapon?
Correct.
At the beginning of interview, did you recall her indicateing that she didn't want her parents to find out?
She did say that.
Prior consensual incident, she used the word consensual?
Yes ma'am.
Do you recall that JD1 that night, prior consensual described how she had argument and breakup with a boyfriend (Obj, sustained) Do you recall how the circumstances leading up to the event that Masterson hit on her repeatedly.
She did say that.
Still talking about the prior consensual incident, you said he had attempted to sodomize her but she immediately turned away and he apologized.
Correct.
The apology happened right after she pulled away.
That is my understanding.
And it occured because she described her as accidental.
I can't agree with that.
Would it refresh your memory to look at page 2?
(She looks.)
Did she describe it as accidental?
He apologized and she felt that it was accidental.
And then afterwards she felt it was feeling awkward.
Yes.
And then she went to sleep in a guest room.
She did.
Turning briefly to Apr 25, 2003 she only told you she felt sick after getting into the hot tub.
Correct.
And that her statment was Masterson was going to help her throw up?
Correct.
She didnt' say he put his fingers down her throat, she just said she vomited.
Correct.
Now JD1 woke up the next day in his bed.
Correct.
She didn't tell you that they had a conversation about that night?
I don't recall that.
Is it safe to say if they had a conversation you would record it.
I believe so.
She didn't tell you that they had a conversation and decied what to tell Luke Watson.
She did not.
In fact she didn't tell you that she had a conversation at all.
She did not.
Wouldn't a conversation between a suspect and victim the very next day would be relevant.
It could be relevant, so I would include it if it was said.
You spoke with JD1 a few times?
Correct.
So you contacted her at her business on June 8.
I did.
And then you did your interview on June 8.
I did.
Then you left a voice mail for her on June 14.
(Checks report.) I did.
And you also spoke to her on June 15, 2004.
(Checks report.) I did.
In no communication with JD1 did she ever mention a gun.
Correct.
Are you aware of what happened to this investigation?
(Judge Olmedo calls for a sidebar.)
Goldstein: Are you aware whether charges were filed as a result?
Charges were not filed.
Did you leave her a voice mail that charges were not filed?
I did leave her a message stating as such.
No further questions.
REDIRECT
Mueller: With regard to the contacting JD1, did you talk to her or remind her about an appointment she was to have with the DA for an interview.
I did.
Did she tell you why she might not be able to make it?
She said she might be contagious and was taking antibiotics.
Did she ask to have this meeting a few days later?
I don't recall her schedule, no.
Did she tell you how long she might be contagious?
Three days was her estimate.
Did you indicate to JD1 anything about not being able to have a meeting shortly after this scheduled date, June 22, 2004?
I did not, no.
JD1 wanted to reschedule, right?
She said she would go on her own, and I told her normally it would be with an investigator.
Did you tell her that you would not be available?
I had a scheduled vacation.
OK so you were not available because of a vacation so she could reschedule?
Correct.
And JD1 and asked at that point to meet with the DA alone to discuss it?
Correct.
Did you contact the DA who was reviewing the case at that time?
I did.
Did you let that DA know that JD1 had asked to reschedule it?
I don't recall.
Was there a deadline for which the office wanted to make a final considerateion.
The DA herself wanted to have disposition by June 24.
Did you have an understanding why it needed a disposition by that date?
I can speculate.
No speculation. With you being on vacation and the DA needing a disposition, and the fact that you needed to be there for that interview (Compound, ask the qeustion) JD1 didn't really have the opporutnity to have that DA interview, is that correct.
Correct.
And these interviews are pre-filing interviews?
Correct.
And DAs use those to assess the case.
That's true.
No further questions.
RE-CROSS
Goldstein: When you were interviewing about the Apr 25, 2003, did she mention a cellphone?
No.
Did she mention trying to make a phone call while being carried up the stairs?
No.
Nothing further.
Detective Myers is excused.
Cohen asks for a sidebar.
Judge Olmedo says that's the end of the day. We will have Monday and Tuesday off, and we'll be back on Wednesday.
She wishes the jury a very happy Halloween.
Olmedo: I've given the defense a little leeway to say that the 2004 case was not filed as ccharges, but I've asked them not to use the word "reject" becasue it's a term of art. And the defense's argument is that JD1 did not get charges, and so colluded with the other JDs in order to get charges and file a civil suit to get money. But I will allow the state to make the case that the charges weren't filed in 2004 for another reason and to give the people some leeway on that. We'll have to see what the People do with that.
Anson: Since the beginnign of jury selection, juror in seat 10 seemed to be shutting his eyes. Initially it seemed he was paying attention, but throughout trial he is either dozing off or his eyes are shutting because he's tired. And I'm hearing not fully snoring but not fully awake.
Olmedo: I will say he's extremely overweight and I think his breathing may have to be related to his size.
Anson: I've heard that as well, and I've heard something more like a snore. Not fully sleeping. He would partially open his eyes. I'm not making any reference to substances, but he is opening and closing his eyes... I also noticed that Juror 1 was closing his eyes but not as much as Juror 10.
Olmedo: I will pay more attention to both gentleman and get a note to Mr Saiki (the clerk) and ask the jurors to stand up and move around a little and we'll pay attention to that.
All right, have a good weekend.
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