Late afternoon session, Day 14 (Day 10 of testimony) Danny Masterson retrial
After the break, both sides have no further questions for Rachel S, and she is excused.
PEOPLE CALL JORDAN LADD
Deputy DA Ariel Anson: Do you know someone (photo of Jane Doe 2).
Jordan Ladd: Yes, I do.
Is that [Jane Doe 2]?
Yes.
When did you first meet her?
I met her on the set of a movie called [title]. It was 1998.
Can you describe your relationship?
We became best friends. Extremely close.
Are you member of Scientology?
No, I'm not. I took two courses there in the 90s, but I was not a member.
Are you familiar with Daniel Masterson?
Yes. (She points him out)>
When did you first meet him?
Probably in 1996. I was in a pilot that his brother was also in.
Describe your relationship.
Acquaintances. I would see him at social events and some work events.
In 2003, did you have a conversation with JD2 relating to him that upset her?
Yes, I did.
Do you remember when?
I recall that it was probably in the fall or winter, I would say. Late in the year.
In 2003?
In 2003.
Was that in person or over the phone?
In person. In my apartment in my office.
How did it start?
She seemed very rattled and said that she was nervous to tell me something.
What was her demeanor?
She was physically shaking. She found it difficult to breathe. She was stumbling over her words.
She said that she had sex with Danny Masterson and she begged him to stop and he wouldn't stop and he said no overand over again.
Did you have a reaction.
I said something. Can I say what I said?
What was your reaction?
I was shocked, horrified. Heartbroken for her, for the situation, because I knew Danny. I felt completely helpless I didn't know what to do.
When she was telling you, did she use the word rape.
I did.
Did she use it?
No.
When you used it, did she react?
She panicked. And she begged me not to tell anyone. That's it.
How long was this?
It was brief. Three minutes or less.
Then what happened?
I don't recall, I mean, we stopped talking about it. It was so uncomfortable for both of us. She was in a panicky state.
After that conversation, did you remain best friends to today?
That's complicated. We're best friends for a long time. and I consider her a best friend to this day. But we had a few breaks. We're both sensitive people and we hurt each other's feelings and we took breaks.
In 2017 we were on a break. I read a headline about allegations against Danny and I texted her to say that I had read these allegations and immediately she called me and said why are you texting me, and I said because I remember what you told me.
What do you mean on a break?
We hadn't been speaking since 2014. We had a falling out.
Did it seem she recalled that 2003 conversation?
No, she didn't seem to remember it.
What did she tell you?
To hang up and call law enforcement.
Did you talk about what was said in that conversation?
No, it was too painful. For both of us. (Obj, sustained, latter stricken)
For you was it an easy conversation in 2017?
No, it wasn't. It was extremely uncomfortable for me.
Did she want to talk about the details?
No.
Did you reach out to law enforcement?
I did, I sent an email (to the LAPD). I got an email back not addressed to me, which was confusing, but ultimately I got a call back from the detective.
Before speaking to the detective, did you get a call from JD2 saying, Hey Jordan, don't forget to say x, y, z?
No.
Did she tell you what she was doing to testify about?
Never.
Did you tell her what you were going to testtify about?
No, never.
Did JD2 in that conversation in 2003, indicate anything about alcohol?
She did. She said when she arrived he handed her a drink.
Do you remember any comment that Danny said about the drink?
I don't recall any statements.
Would looking at a transcript refresh your memory?
Possibly, yeah. (Brings her a transcript.)
What statements did JD2 make about the drinking?
Now I remember that he was insisting that she drink.
That was something she told you in 2003?
Yes.
Did JD2 also say something in 2003 about a condom?
She did. She was concerned when the sexual activity wouldn't stop, she was also concerned whether it was protected and that she could have contracted an STD.
When JD2 describing, what comments did she make about the condom?
She said something to the effect of, if he wasn't going to stop, I asked if he'd put on a condom.
No further questions.
CROSS
Cohen: You and JD2 are still very close friends.
We are.
You described it being on-again, off-again. Now you're on again.
Yes.
The conversation you talked about in 2003, it was 20 years ago, a lot has happened. As you sit here today, you do not have an exact recollection of what she told you, would that be fair?
I don't have a photographic memory of exact words because it was so long ago.
Would it be fair to say, you're trying to get across what you took from the conversation. (Obj, overruled) Because you don't have a specific detailed recollection, this is your best summary of what she was trying to tell you?
I would say that's fair.
Would you say your relationship, bf relationship may have some impact on what you remember?
Absolutely not.
What JD2 told you was from your takeaway essentially sounded like a date rape.
It would be fair to say, and I'm sorry, but my impression was that it was violent in nature.
You testified in a prior proceeding, and you said what she told you was what you took away to be a date rape.
It's fair to say.
And you're not a Scientologist
Never.
She never used the word rape.
Correct.
She never used the word “forced” with you.
I can't say that's correct.
When you inteviewed with Reyes in 2017, did you ever make mention to her that JD2 had said there was "force used against here."
I can't say that I recall using those exact words.
And what JD2 described to you is what you believed to be a date rape situation.
Yes, absolutely, 100 percent.
Because she did not use that term.
She did not.
You were not present for that interaction with Danny.
I was not.
So would it be fair to say you could only go on what information she had provided to you.
Correct.
And if she provided you some things and not others, that might have changed your perspective? (Judge: Calls for speculation) Did you recall when you testified in November that you did not recall JD2 indicating that Danny insist that she drink?
This situation to be on the stand is so overwhelming I did the best I could.
You don't remebmer what you testified to in November?
I have some recollection of it.
About this point, would it help to refresh your recollection to see the transcript?
Absolutely. (Brings her a transcript.) I see what I said.
(Some confusion again over the date on transcript for the first trial.)
You see when you were asked this in November, if he insisted on her drinking, and you answered "I don't recall."
Correct.
And that was true.
At the time, yes.
Is the conversation you had in 2003, “a bit of a blur?”
I said that to the detective, but that was a figure of speech.
Were you not truthful to her?
I was as truthful as I could be under the circumstances. It was the first time I had ever spoken to a detective. I did my best.
Is that a truthful statement, it was a bit of a blur?
I think that's subjective. It was a way to say that I don't have a computer brain that I don't remember every single word that they said and I said, and I said that to be comfortable in a situation I wasn't comfortable with.
Did JD2 indicate to you that she was excited about seeing Danny that evening?
No, she didn't.
Did she say that she went over to see him wanting to have a romance with him?
She didn't.
Did she way she was OK with making out with him?
She did.
Did she say she was OK with him fingering her?
No.
Did she say that she stayed at his house talking until about 6 in the morning?
She did not.
Did she say when she left, she thought they were going to start dating?
No.
Did she say she thought he was going to fall in love with her?
No.
Did she say she would wait another 4 to 5 days for him to call and ask her out?
No.
Did she tell you she called him?
No.
Did she tell you that she said, “I really liked you and I thought you liked me?”
No.
When you spoke with JD2 in 2017, did she ask you to be an anonymous source to a news reporter for her? (Obj, sustained) Did she ask you to send an email to Chief Beck of LAPD on her behalf?
I don't recall who it was. But she asked me to get in touch with LAPD.
Did you send an email to Chief Beck?
I don't remember who I sent it to. But I did send an email.
Did she give you the email address?
I imagine that's possible.
Did you take any other steps other than talking to JD2 to get email addresses for LAPD?
No.
No further questions.
REDIRECT
Anson: When you spoke to Det Reyes, did she ask you what month in 2003 the conversation occurred?
I don't remember, I don't recall.
Would looking at a transcript help? (Obj, overruled. Shows her a transcript.) Did she ask you what month you had that conversation?
She did.
What was your response?
I said it happened later in the year because I was going through a divorce, and that's why I said when it happened was a blur
So when you said it was a blur, was that about the contents?
No. I believe it was about when it happened.
RECROSS
Cohen: So it's your testimony when you said that to Reyes, a blur, it was only about a date?
When I was talking to Reyes? Yes.
When Reyes asked you, what did JD2 tell you in 2003? Do you remember what you said?
Somewhat, yes.
Did you say, "It's a long time ago, I can give you broad strokes."
I suppose I did.
Would it help you to look at the transcript? (Shows it to her.) Did you tell her, "It's a log time ago, but I can give you broad strokes."
Yes.
Is that the truth?
Yes.
No further questions.
Jordan Ladd is excused. Jury is excused for the day.
Cohen: When Rachel had left the witness box, she gave a glancing little wave in the direction of the jury. And one of the jurors acknowledged it. (Cohen is asking for an admonition.)
Judge Olmedo is saying she didn't see that, but she will ask the DA to admonish the witnesses.
Tomorrow is Mariah O'Brien and JD2's mother. Then Kathleen J and her ex-husband, then law enforcement witnesses.
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It was a nice touch when Jordan waved goodbye to the jurors. I liked that even if The-Lawyer-I-Hate didn't.