BECAUSE OF RULING, NO LISA MARIE PRESLEY: Danny Masterson Trial, Day 18, morning 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.]

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Morning session.

Sartorial splendor alert: Oh, creamy wonder! Defense attorney Philip Cohen is simply resplendent today in a cream-colored suit with a brown vest and light grey tie over a light-colored striped shirt. What a vision of milky transcendence. Even Bijou seems stunned. This more than makes up for yesterday's somber showing.

Mackenzie Phillips joins her sister Bijou in the family section. They are the first two.

Judge Olmedo comes to the bench. We are on the record. No jury yet.

Cohen: We left off with Det Reyes and I asked her if JD3 had ascribed a comment to Masterson regarding Jennifer Esposito as "Show them your tits." I believe that was objected to and sustained. He refers to her testimony saying that she was worried about being hit by him because of "all the disgusting things" Masterson had said to Esposito. And when he had asked JD3 on cross, she had denied that's what Masterson said.

Olmedo: I think it came out some other place.

Cohen goes into more about what JD3 had said about it. Olmedo asks do you want to elicit that comment from Reyes? Correct, Cohen says. Olmedo says you want to elicit that because what's horrific to one person isn't to another, but Cohen says it goes to credibility, that she had denied the comment. Mueller suggests that she denied it was the use of the word "breast." The court reporter is going to look it up.

Cohen: With respect to Jane Doe 4... Olmedo says hold that thought while the court reporter is looking up the thing about Esposito.

Reyes (Myape) and Vargas have arrived, take seats in gallery.

Olmedo says a search of the transcript has turned up one utterance about the Esposito thing and she will allow him to ask Reyes that question.

Cohen now is speaking about Jane Doe 4. He is apparently bringing up to Judge Olmedo yet again his objections to her ruling. And after the Judge Olmedo closed the door yesterday on something the government opened up, he wants to register his objection to Jane Doe 4's testimony again. And he says he and Mueller have agreed that JD4 will not be asked about some conversations in the Masterson house. Mueller agrees. The other issue about her, Cohen says, is in an interview she talked in a general sense about a pattern about Masterson. He wants to make sure she's been admonished to speak only about her own experiences.

Olmedo tells Mueller to make sure that JD4 does not mention anyone besides the three Jane Does and herself. Cohen also refers to drugging, even though the word has never been brought up. He requests that the same kind of questioning not be brought up with Jane Doe 4. "Quite frankly I think we've heard more than we should have." (About intoxication effects.)

Olmedo again points out that she's allowed the Jane Does to describe the effects their feeling because it goes to their credibility and state of mind. But as for JD4, the first incident, which is the only one she's going be questioned about, she talked about being intoxicated on her own and there was not an issue about it. (The second incident is another matter, but they're not going to ask her about it.)

Cohen is saying he's not disputing that she drank, what is the probative value that she had a headache and grogginess the next day?

Olmedo: Because that goes to the ability to perceive. And she's not alleging that there was something different (than she would expect from what she consumed). But I do think it's relevant to her ability to perceive. So over the defense objection, the court will allow it.

Mueller says that they intended to have Jane Doe 4 testify in the morning after Det Myape, but she was feeling ill after arriving by plane. They have had her take a Covid test, and they might wait until the afternoon to bring her in.

Mueller says their two witnesses for today are JD4 and Jane Doe 1's mom, and tomorrow will be Rachel Smith.

Olmedo: What about Ms. Presley?

Mueller: Based on the court's ruling yesterday, the prosecution has decided not to have Lisa Marie Presley testify.

(Oh, that's a bummer. But understandable after Judge Olmedo gutted what Presley could testify to. Once again, Scientology skates. Ran out to tweet about Presley.)

Jury comes in, Det Reyes (Myape) back on the witness stand.

Continuation of cross-examination of Det Reyes.

Cohen: When you were waiting to testify, were you sitting on a bench in the hallway to the far right?

Yes.

At some point did Det Vargas join you?

Yes.

And did you have some discussion?

That's correct.

What was it about?

Office politics.

At some point did you see a person who is a mainstay in this courtroom walking down the hall?

I don't recall.

At some point did you abruptly stop speaking with Det Vargas?

I don't recall.

In the 2017 interview with JD3, was the specific utterance that Masterson made to Jennifer Esposito was, "Jennifer, show them your tits"?

Yes.

Want to ask you about La Poubelle, the restaurant in the Dec 2001 incident. Did JD3 say that because of her drinking there were times when she did not remember what went on?

I don't recall that.

Did she say she wondered if she had done things to embarrass herself?

I don't recall that.

Would it help to look at the transcript?

Yes. (Checks.)

Did she tell you there were nights she drank a lot?

She did.

Did she say there were times she had a hard time remembering?

Yes.

And she wondered, oh gosh, what did I say?

Yes.

Did I embarrass myself?

Yes.

When it comes to La Poubelle that night in Dec 2001, you have no personal knowledge of what she drank that night.

Correct.

What you know is what she told you.

Correct.

And that's true for anyone in this case.

Yes.

She said she knew people at La Poubelle.

I think so.

She said she knew people there?

Yes.

She said the owner?

Yes.

It's still owned by the same owner.

I'm not sure.

Have you obtained any information that anyone at La Poubelle had seen JD3 carried out by Masterson?

No.

Had anyone say they saw her dragged or unable to walk?

No.

Do you know how tall she is?

I would estimate about 5-10?

Do you know how tall Masterson is?

I would estimate about 5-5?

JD3 had mentioned to you that she observed anal bleeding, is that right?

That's correct.

And anal tearing.

That's correct.

Did she ever tell you she sought medical attention for those?

No.

You also spoke to JD3 about an incident that occurred upon her return from Paris.

Yes.

Did she tell you that Masterson went there with her?

I don't recall that.

Did you ask her?

I don't remember if I asked that question.

Did she tell you that when she got back from Paris with Masterson that he wanted to have sex?

Yes.

And did she tell you she said no and was very firm?

Yes.

Did she say that Masterson then got upset because she had said no?

Yes.

And did she say that Masterson called her some names?

Yes.

Did she say that when she said no to sex, that he ended up pulling her out of the room by her hair?

Yes.

Did she ever indicate that there was sex during this post-Paris incident?

I don't recall.

And you gave her a wide swath to tell you what happened.

That's correct.

Did she tell you that he kept pushing, kept fighting with her.

Yes.

And she did not mention that he was literally pushing her.

I don't recall that.

In fact, according to her there was only incident when he either hit or slapped her.

Correct.

Did she speak to you about the incident where she says Masterson slapped her?

Yes.

When she spoke to you about the slap incident, did she tell you that it took place in the same house where Masterson had raped her?

I don't recall.

Would it help to look at the transcript?

Yes. (Checks.)

Did she say the slap incident took place in the same house where he had raped her?

Yes.

When she said the rape, she was talking about the December 2001 sodomy?

Yes.

Did you ask JD3 about the slap incident, tell me what happened?

Yes.

Did she tell you he was on top of her and she pulled his hair and he hit her and said don't ever?

Yes.

Do you recall asking her, "so he was on top of you, explain that?"

Yes.

And she said, "I was on my back, I guess"

Yes.

Did she "say he got on top of me to wake me up and I said no."

Yes.

And she said "he was being aggressive, and I pulled his hair to get him off me."

Yes.

You asked whether she and Masterson slept naked, they indicated they both did.

Yes.

Did you then ask, "he was on top of you, trying to have sex, he was trying to force himself on you?"

Yes.

Is that question trying to elicit some kind of answer?

No.

She then answered "mm-hmm"?

Yes.

You then asked, "OK, he was trying to get, force himself into you, and you were trying to get him off you."

Yes.

Does that question try to elicit some kind of particular answer.

No, I was trying to understand what she was experiencing.

You then asked, "And you were saying no?"

Yes.

And she again responded, "mm-hmm"?

Yes.

And you asked what would he say?

Yes.

And she said, just insults or he would spit on me.

Yes.

And then what did she say would happen after the insults or spitting?

She would give in to him.

Is that what she responded. Do you remember her saying "then he would always go away angry."

Yes.

Did JD3 ever say in that entire interview that Masterson's penis had penetrated her vagina?

No.

As a result of your duties as the investigator in the initial part of this case, did you find that information specifically related to the police reports in this case was on a website that was viewable to the public?

During the whole time? I don't understand. What time reference.

My understanding is that you began as lead investigator.

Yes.

Through March-April 2017.

Yes.

During that time, did you find that information specifically related to the police reports in this case was on a website which was viewable to the public?

Yes.

No further.

REDIRECT

Mueller: During your interview when she indicated there were nights when she would drink a lot, correct?

Yes.

And then she would not remember certain parts.

That's correct.

Did she tell you whether she's ever had memory loss completely.

She said after she had a couple of drinks she didn't remember parts of the evening and then woke up with her anus bleeding.

But in regards to other nights when she was drinking and she might not remember parts.

Correct.

But those times she never had no memory at all?

That's correct.

With regard to the incident from Paris, she never indicated there was sex that night.

Correct.

Do you recall what she said about being pulled out of the room that night?

I do not.

Do you recall her saying that Mr. Masterson kept fighting with her on it, and then "he pulled me by the hair to kick me out of the room."

That's correct.

You also mentioned that your question to her, "he's on top of you and trying to have sex," you mentioned that was your way of, what you think she was telling you?

That's correct.

When she responded "mm-hmm," did you follow up at all on whether there was any penetration?

I don't remember, on that occasion.

And would reviewing the transcript help?

Yes.

Mueller says he wants to play some clips. (Ugh.) Playing clips 35, 36, and 37, he says. And Ariel Anson is giving copies of transcripts to the jurors.

It's a video clip, shown on the screen. From Jan 17, 2017. We can see JD3 and a Det Villegas and Det Reyes in a small interview room at Austin PD.

Of course the audio is horrible. It's good the jury has a transcript.

We can't hear anything in the back row.

We're going to take a short break to get the audio right.

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