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ACTRESS JORDAN LADD TESTIFIES: Danny Masterson Trial, Day 14, afternoon break 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.
Cross of Detective Myape continues.
Cohen: I just wanted to go through your initial involvement. The case was assigned to you on Dec 14, 2016.
And assigned to you because a report JD3 made to Austin PD.
And after it got assigned to you was you reviewed the Austin report.
And you prepared a report.
And in that report, you said you received a courtesy report from Austin. And that the victim JD3, said she was sodomized in Los Angeles, but living in Austin.
And that was the incident that was referred to you, the sodomy.
And the sodomy was taking place in Dec of 2001.
I'm not sure of the month.
Would it help to refresh your recollection if you look at the report?
Yes. (Checks.) Yes.
That helps refresh your recollection that it was a sodomy in Dec of 2001.
By the way, sodomy is a legal term for anal sex.
And you then outlined the general allegation related to you.
The allegation is they went out, JD3 passed out, woke up, and her anus hurt.
By the way, have you ever spoken to her husband, Cedric, directly, as to what she may have told him in 2011?
Have you been made aware of his testimony in this case?
You indicated JD3 told you that she had told Cedric that she had been sexually assaulted on multiple occasions?
Is that in the transcript.
I believe so.
(They establish it's the transcript she was looking at on the stand earlier today.)
Cohen: After you get involved in this case, the first person you spoke with was JD1.
On Dec 14, 2016?
(They establish it was a phone call before she flew to Austin.)
I believe it is.
When you spoke with her on the phone on 12/14/16, she told you that she had already spoken with JD1 and JD2 regarding their allegations.
And also to JD1 and JD2 regarding her allegations.
So prior to you speaking to JD1, JD2 or JD3 all three of them had spoken to each other about their allegations.
After you speak with her on Dec 14, you get a call the next morning from JD1.
And after you get a call from her, you get a call from JD2.
So, did it appear to you that JD3 had spoken to the others to have them call you? (Obj, sustained) Had you left any messages for JD1 or JD2?
I don't recall.
Is there any indication in your record that you left messages?
Can I look at it?
(Checks.) Yes, they called me on Dec 15.
JD1 and JD2
And you had talked to JD3 the day before.
You then spoke with all three the following day.
And when you spoke to the three of them, you specifically instructed them, and each of them individually that they should not talk to other witnesses, correct?
I spoke to JD2 and JD1 and told them not to speak witnesses or each other. And I gave JD3 the same instructions, but I'm not sure when. Might have been a couple of days later or even the next day.
And the reason was for the reasons we've talked about this morning.
When you instructed JD2 not to talk to the other witnesses, she disagreed.
And she indicated she was going to speak with whomever she wanted.
And as a result of that discussion, you had to get one of your supervisors to spaek with her.
And you did that.
Is it the reason you escalated it was because how important that admonition was?
Following your December phone calls, you then actually have interviews with the three of them.
And all in January of 2017?
During those interviews, did you again admonish each of the three women about not having communication with each other or witnesses.
I don't have a recollection.
Would it help to refresh your recollection to look at various portions of those three interviews?
Let's start out with JD1. Take a look at the transcript.
(Checks the document.)
What did you tell JD1?
That it would contaminate the case.
That I talked to the DA... (Judge Olmedo stops her. Not allowing that as hearsay.)
Now, with respect to JD2.
(Checks the document.)
Did you tell JD2 that it was vital to the case that she really stop speaking with the other Jane Does and witnesses?
No emails, no texts. It can look as if there were cross-pollination.
I believe that was her word, but yes.
Your word was, it could look as if you would pollute (Obj, sustained, stricken)
Did you give a similar admonition to JD3?
I probably did and I'd like to look at it.
And did you tell JD3 that if she continued to talk to each other it would be fatal to this case. (Obj, sustained) Did you tell her to stop talking to the the others.
Is the reason why you gave that admonition in January as well as December was it based on your work that the Jane Does were speaking to each other?
After those three conversations you had with the three Jane Does, in February did JD3 ask you for a copy of her report?
And are there certain policies and procedures LAPD has regarding the dissemination of a police report to a reporting witness? (Obj, sustained) Did you send JD3 a copy of the first page of her report?
And when you sent her only the first page, did she become angry with you? (Obj, sustained as phrased) Did you speak with JD3 after you gave her the first page?
And did she demand you send the complete report?
Did you tell her she was not entitled to the entire report?
And did your supervisor then get involved?
In March of 2017, did significant details of your investigation appear on some type of website (Obj, sustained relevance) You had used a couple of different reports to refresh your recollection.
One a 13-page report prepared by you.
It was prepared in March based on your interviews in Jan 2017 of the three Jane Does.
The other report that you were asked to look at was a 20-page report.
And that was not prepared by you.
That was prepared by Det Vargas.
That report did not summarize statements made to you by the Jane Does (Obj, sustained) The Jane Does gave an interview first with you, and then subsequently with Mueller.
And Det Vargas is present for the interview with the Mueller.
YOu are not.
The 20-page report to go through this morning, that was a summary of Det Vargas of interviews with Mueller.
Have you ever taken your summary of your interviews and compared it with the summary of the interviews with Mueller? (Obj, overruled)
Do you know if there were things mentioned by the JDs to Mueller that were not mentioned in interviews with you?
I don't understand the question.
Do you know if the JDs gave information different to Mueller as opposed to what they told you in Jan 2017? (Obj, sustained)
[Det Myape needs to leave today for another obligation. She will come back for continued cross-examination at a later date.]
Judge Olmedo tells the jury that we will be taking some witnesses out of order for scheduling reasons.
People calls Jordan Ladd. (Actress, daughter of Cheryl Ladd. Friend of Jane Doe 2.)
Jordan Ladd is sworn in. Spells her name for the record.
Ariel Anson: How are you feeling today?
A little nervous.
I'm going to ask if you know somebody. (Shows photo). The woman in the red pants. Do you know who that is?
Yes I do.
How long have you known JD2?
I've known her for 24 years.
How did you meet her?
We were both cast for a film in 1998. A Drew Barrymore comedy. We became very friendly on the set, but we didn't become very close friends until about 2001.
And how close were you?
She was my best friend.
Were you ever a member of Scientology?
No, I was never a member. I took a couple of courses in the late 1990s.
Was she a member then?
Yes she was.
Do you recognize someone in the courtroom that you know?
I do, yes.
Where is that person.
The gentleman is sitting over there by the table. (Indicating Masterson)
How do you know him?
I met him I believe in '96 on a set with his brother.
So in 2001 to 2004 can you describe your relationship with him.
Acqaintances. We ran in the same professional and social circles.
In 2003, was there a time when you and JD2 had a conversation about Masterson?
Yes. There was a conversation. A difficult one.
What do you mean?
She revealed to me that she had experienced something I recognized as date rape. (Obj, sustained as to latter portion, stricken)
So you had this conversation. When did it take place?
Late 2003 I believe.
Over the phone or in person?
I was in my apartment, in my office.
Did it appear easy for her to talk about?
She appeared shaken and she was physically shaking. She was highly emotional.
How did she present?
Her breathing was labored and she was trembling in her speech.
What did she tell you occurred?
Without... (Obj, overruled) What she said was she had something to tell me. She said she had sex with Danny Masterson that she kept saying no, and I don't want to do this, and please stop this, over and over again.
And who was she saying that to.
To Mr. Masterson.
And did she indicate if he actually did stop.
She said it didn't stop, and she gave up.
Did you have a reaction to this?
And could you describe that reaction?
I was shocked. I felt helpless. At a loss for words. But I did say something. I don't know if I'm allowed to say that.
After she described that to you did she indicate if she wanted you to tell anyone.
She absolutely said do not tell anyone.
When she said that, how did she appear?
She seemed afraid, confused.
When you say afraid, confused, what made you say that?
She adamantly shut me down and was terrified that I would say something to someone. (Obj, former portion sustained)
(Asks a kind of garbled question. Ladd apologizes for not understanding.)
Did she describe meeting him before going to the house?
That they were at a bar arranged by Ilaria Urbinati.
Did she describe when she first went over there if there was alcohol.
He presented her with a drink.
Did she say he said anything about that drink.
Did she say that he insisted she drink it.
I don't recall.
Sometime after she revealed this, is there a time you saw Masterson after your conversation with JD2?
Where did you see him.
He and I were both part of a bridal party. It was the summer of 2004.
And you were in the same bridal party, did you have any interactions.
We had a few interactions, they were brief.
Did he act differently than you had seen him before?
Before he was quite friendly, and on this occasion, the wedding, he was rather cold to me.
And were you still good friends with JD2?
Yes, we were.
At some point around 2014/2015, did your relationship with her change?
It did. We ceased to be friends at that point.
And was there a period that you stopped communicating?
We didn't speak between 2014 to 2017.
And when you spoke again, how you got back in contact.
Yes, I read a headline about Mr. Masterson and charges at which point I reached out via text to JD2. And I wrote something to the effect that (Obj, sustained)
When you reached out to her, did you indicate that you remembered something?
Did you indicate you remembered the 2003 conversation?
Yes I did.
What was her response? (Obj, sustained) Did she remember that you had that conversation?
She didn't recall telling me.
After she learned that this conversation happened in 2003, did you reach out to law enforcement?
How did you first try to contact them?
Did you get a response.
I did, I got a strange response. I can't remember who, but it was not to my name, and it was some other situation. It was confusing to me.
At some point did a Det Reyes reach out to you.
Did she initially ask you if you sent an email to law enforcement.
I believe she did.
Did you tell her why you sent that email (Obj, sustained) When you reached out to law enforcement, did someone promptly get back to you?
I don't remember someone promptly getting back to me.
Did someone eventually get in touch to take your statement?
Since you spoke to JD2 in 2017, can you describe the relationship to today
We resumed our close friendship, and then had a falling out in early 2019, and haven't spoken since.
Since you reached out about that 2003 conversation, have you talked about the facts of the case?
Have you talked about what to say to law enforcement?
What did you talk about?
We talked about her feelings, but talking about the incident was too painful to talk about.
No further questions.
Cohen: You indicated that at some time you had sent an email to LAPD.
And you didn't just send it to LAPD, you sent it two people specifically.
I don't remember.
Would it help to refresh your recollection to see the email?
(Brings it to her.)
You indicated that you had seen an article and based on that you on your own sent an email to LAPD. (Misstates the testimony) Did you send an email to Det Reyes.
I don't know.
Take a line to the "To" line and the "CC" line. Did you send this email to Det Reyes.
Where did you get her email address?
I don't remember.
Could it have been from JD2?
So JD2 at some point has a conversation with you in 2017 and it's possible that she gives you Reyes's email.
You don't have a directory of LAPD email addresses, right (Argumentative) And after the conversation with JD2 you send an email directly to Reyes.
You said there was an argument between the time you sent the email and you were interviewed.
It felt that way.
When did you send the email? Was it March 7, 2017?
Three days later, you then give an interview to Det Reyes.
I don't know.
Have you ever been asked to review a transcript of your interview with Det Reyes.
Do you remember at the very last page there being an indication of the date of the interview?
Would it refresh your recollection to look at a transcript?
(Gives it to her.)
It says March 10.
So three days later you talk to Det Reyes.
Now, during your interview with Det Reyes, did she indicate to you that it was real important you not speak with other witnesses regarding this case?
I believe so. I didn't speak with other witnesses.
My question is, did she say do not speak with other witnesses.
I believe she did.
And she said don't speak to JD2 about this case.
Did you talk to JD2 prior to giving his interview on March 10, 2017, about the case?
Do you remember telling Det Reyes that you had spoken to JD2 two days prior.
I'm sure I did, spoke to JD2.
When you spoke to Reyes, did you tell her that because your conversation with JD2 had taken place so long ago, it was a bit of a blur?
I'm sure I did.
Did you tell Reyes that one thing that stood out to you from this prior conversation that JD2 was worried about not having used protection.
Yes, it was one thing that stood out to me.
And she was worried that Masterson had given her an STD.
And she was worried.
When JD2 spoke to you, did she tell you it might have been her idea to go into his shower with him?
Did she tell you that she was OK with him digitally penetrating her?
Did she tell you that she had stayed at his house until about 5 or 6 in the morning speaking with him?
Did JD2 show you any text messages back in 2003?
Did she tell you that she thought they were probably going to start dating?
Did she tell you that she waited for him to call?
Did she tell you that she was disappointed he didn’t call?
Did she tell you she then called him?
Did she tell you that when she called him he was very short and curt with her
Did she tell you that she had called him subsequently asking him to set her up with a friend of his?
Anson: You need a break?
No, I'll be fine. Can I have a sip of water? (Drinks)
You described you had this conversation with JD2. How long was this conversation?
It was less than three minutes.
Was she going into every single detail about what happened?
I can't know for sure, but she went into some details.
Did she talk to you about the fact that she and the defendant were fooling around before he entered her?
Did she use the word fooling around?
I believe she said kissing and making out.
And she did describe every single thing about the making out and when he entered her.
It seemed that she did for the most part.
And she told you that when he entered her she didn't want it and he kept going.
Yes she did.
And when she said she was concerned that he didn't have a condom, was that the main concern?
No, that was an afterthought.
Mr. Cohen asked you if Reyes said you should not talk about the case with JD2.
Did she said you should never speak with JD2 during this process?
I believe I asked if I could speak to her, just not about the case.
And her response?
I remember her saying I could speak to her, just not about the case.
And you followed that?
and when you spoke to her just two days before the interview with Det Reyes, did you speak to her about the case?
Cohen: Before the interview with Reyes, did JD2 ask you to go on the record, anonymously, with a reporter? (Obj, sustained, relevancy.)
Cohen asks for a sidebar.
After the sidebar: Cohen says, I have nothing further.
Jordan Ladd is excused.
Judge Olmedo calls for the afternoon recess.
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