CEDRIC BIXLER-ZAVALA TESTIFIES: Danny Masterson Trial, Day 12, lunch 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.]

Late morning session.

The jury is back in, and the court reporter is reviewing the last three questions before the alternate juror was ill.

Cohen: When did you become a supervising detective?

Nine years ago.

And is that something that is earned?

Yes sir.

No further.

Witness excused.

Cedric B is called. He is sworn in. (Husband to Jane Doe 3.)

We have interviewed Cedric multiple times at the Underground Bunker. We are going to use his name in our headline, even as we are reflecting here how he is being referred to in court. Cedric is a well known recording artist and a member of Mars Volta and other musical groups, and he has not sought anonymity in this case to this point.

Ariel Anson: Do you know someone by the name of [Jane Doe 3]

Yes I do.

How do you know her?

I'm married to her.

When did you first meet.

We first met around late 2008.

How soon after you meet did you get married?

Almost immediately after.

And you're still married.

Yes.

Children?

Two.

When you first met her, were you a member of Scientology?

No.

And was she?

No.

At any time, have you ever been a member of Scientology?

I've done courses there, but I wouldn't call myself a member.

Do you see someone here that you recognize?

Yes.

(Describes Masterson's suit.)

How are you familiar with him?

I know he used to date my wife.

And at that point did you know her?

No.

And Mr. Masterson?

I did not know him.

When you got married did the two of you have a conversatoina bout something between her and Masterson that was difficult for her to talk about?

Yes.

When?

2010 or 2011.

Where?

In the Franklin Hills, the house we lived in there.

Can you describe the circumstances?

We were having a conversation and it just sort of came up.

Can you describe her demeanor?

It seemed like she was controlled by remote.

What does that mean? (Obj, overruled)

When she was descrdibing her relationship and a certain incident, she was holding back and she was not necessarily forthcoming about everything. She seemed afraid.

What about her appareance made you think that/

Her level of eye contact, her physical behavior. Looking down when certain details came up she didn't want to look me in the eye. She was ashamed.

Can you describe her body language?

Her hands were gripped. (He holds them up in front of his chest.)

Where did she hold them?

By her waistside.

Was she having an easy time?

Not at all.

And what did she tell you occcured/

That she was abused, sexually.

What did she tell you about it. (Obj, go question by question>)

Did she tell you about an incident that happendd in Dec 2001

She told me about an incident in November -- there was a lot of things she told me, but we don't talk about it because of the court rules.

Did she tell you about losing consciousness?

Yes.

Just relating to that incident.

She had woken up and she had a pain in her bottom and that she confronted Masterson and that he laughed at heer and that he had put himself inside her and laughed at her.

Are those the words she used?

I'm describing what I remember.

Did she tell how she felt when she woke up besides the pain.

Like she was in a bit of a haze, a fog. her bottom hurt really badly and she didn't understand how it happened.

Did she describe any physical conditions beside pain, fog.

I remember how disoriented she felt, how hungover she felt.

Hungover, did she use that word.

I don't recall if she used that word.

When she described this situation, did you have a reaction?

Yes, I did.

First, your reaction.

I was angry. Furious.

And how did you express that?

By telling her that she had been raped.

Can you explain your tone of voice.

The tone of my voice was, I was angry, so I was probably a little aggressive.

And did you do anything with your body?

Not that I recall.

As you got angry, did you observe any reaction from her to your words?

Yes, I did. I observed that she was holding back, she was protecting him. (Latter portion stricken.)

Did she say anything back to you?

She did, but I don't recall.

Did she have any relationship still with Masterson at this time?

No.

Generally what were her feelings about him at that time (Calls for hearsay.) Did she appear to be angry with Mr. Masterson (Obj, sustained.) When JD3 responded to your statement, did she agree with you in that moment. (Obj, sustained)

Judge Olmedo calls for a sidebar.

Anson: In 2016, where were you and JD3 living?

Austin, Texas.

Are you aware that at the end of 2016 she went to the Austin PD to report a crime.

Yes.

In that conversation in 2010-2011, were there any other details shared at that point of potential violence that occurred between Masterson and JD3 in their relationship.

No.

So that conversation surrounded the details of that one incident?

Yes.

At some time after that conversation but before going to Austin PD, did the two of you talk about violent contact during sex with her and Masterson?

Yes.

You mentioned earlier a November incident.

Yes.

Is that separate from the unconscious incident?

I can't recall. There is an enormous amount of detail to deal with. (Obj, latter part stricken.)

Was there ever a conversation between you relating an incident when Masterson had hit her during a sexual act.

Yes.

Just focusing on that, when did that conversation occur.

I don't know.

Was that recent?

No.

Did that conversation occur before JD3 reported the unconscious event to Austin PD?

I don't remember.

What did she tell you about that event.

I recall she said she had been hit, slapped I believe. And that she had pulled his hair.

And did she tell you what was happening?

He was penetrating her against her will.

With what?

His penis.

Where?

Her vagina.

And how did she seem talking about it?

She seemed embarrassed, angry. And relief, all in one.

How do you feel about testifying today?

I feel fine.

Do you believe that you've experienced stalking and harassment.

Yes, absolutely.

Who is that stalking coming from (Obj, sustained, rephrase.) Why do you think that you are experiencing the stalking?

[Judge Olmedo asks the jury to leave the room.]

Judge Olmedo wanted to make sure Cedric had been told about the admonitions regarding Scientology, and she was concerned that Anson's open-ended questions. She asks Anson to speak with Cedric for a moment.

Judge Olmedo asks Cedric to step out for a minute.

Cohen: There would be an objection to any further quesitons about stalking, harassment, etc. I think we've heard more than necessary from JD1. And this witness has indicated he feels fine.

Judge Olmedo: I thnk he said fine about testifying, not about the basis of the civil lawsuit.

Cohen: No, but that's the basis of what they've said before, that they are scared about testifing.

Judge Olmedo refers to some case law she will get Cohen. Cohen again cites that he says he feels fine, so doesn't want questions about harassment or stalking. But then he makes the mistake of assuming that Cedric is not a named plaintiff in the civil suit, and he is then corrected.

Cedric brought back in.

Judge Olmedo checks on the juror, and he says he's feeling better.

Anson: You believe that there is stalking and harassment.

Yes.

Is that by the Church of Scientology?

Yes it is.

When did it start?

Right around the time she reported to Austin PD.

Has that stalking and harassment stopped?

No it has not.

No further questions.

CROSS-EXAMINATION

Cohen: Zavala, with a Z?

Yes, with a Z.

Did you see your wife after she was in court yesterday?

Yes I did.

When?

Around 7:40, 8 o'clock.

Did you ask her how it went.

I asked her how she was doing.

Did you have any conversation about her testimony?

No.

YOu understand under court rules you are not discussing the case?

Yes.

Who gave you that rule?

I don't know, but I think it's common sense not to talk about the case.

So you think it's common sense for witnesses should not talk to each other? (Object) When did you find out you were potentially a witness?

I believe maybe a couple of weeks ago?

Since then you haven't spoken to your wife about the substanc?

No, I have not.

You said you have two children?

Yes.

How old?

Nine years old.

In 2022, interviewed by Det. Vargas.

Yes.

Is that when you found out you might be a witness in this case?

I can't recall.

Before you spoke to him, did you think you would be a witness in this case?

No, I didn't think so.

Did you understand that Det Vargas was calling you with respect to your wife's allegations?

Yes.

Did he tell you?

I don't recall.

Was he courteous?

Yes.

Did he give you the time you needed to speak with him?

Yes.

Did he allow you to tell him what you wanted to tell him?

Yes.

You talked about this conversation you had with JD3, and I wasn't clear, do you remember what year it was that she had mentioned this December 2001 incident?

I think it was 2010, 2011.

By the way are you aware JD3 said 2010, 2011? (Obj, sustained) In 2010/2011, you have a conversation with JD3 about an interaction betweeen her and Masterson.

Yes.

And during this conversation your wife became visibly distraught, upset?

Yes.

You could see in her body language that she was upset?

Yes.

I think you even mentioned that she clenched her fists?

Yes.

I know this is going to sound like a silly question, but you love your wife, don't you?

Like there's no tomorrow.

And so seeing this is something that really stood out for you.

Yes.

Bothered you.

Yes.

And as a husband you may never forget.

I will never forget it.

During this same conversation, 2010/2011, when the Dec 2001 incident was discussed. Did she say anything about any other rape allegation?

I don't remember.

During again the 2010/2011 conversation, when the Dec 2001 incident was discussed. Did she mention anything to you about domestic violence?

I don't remember.

During this conversation you became angry, rightfully so, based on what she told you happened in Dec 2001.

Yes.

Were you truthful with Det Vargas?

Yes I was.

Did you tell Det Vargas that sometime in 2010 that she told you about a platonic relationship with Mr. masterson?

Yes.

And what does platonic mean to you?

Friendly.

So you told Vargas that your wfie was still friendly with Masterson?

Yes.

Did you tell Det Vargas that you were angry she was still on good terms with Masterson?

I don't recall.

Did you get angry in 2010/2011 when you heard that JD3 was still on good terms with Masterson?

I don't remember.

Was she still on good terms with him in 2010/2011?

I think whenever she did see him out somewhere, she was still friendly with him.

Did you tell Det Vargas that JD3 recalled an incident where she felt she had passed out?

Yes.

And was that your recitation as best you couuld remember of what she had told you in 2010/2011?

Yes.

Did she tell you that she awoke feeling hungover?

Yes.

And is that what you told Det Vargas?

I can't recall specifically.

Would it help to refresh your recollection to look at a report from that conversation?

I can take a look, I don't know if that's going to refresh my memory.

That's all I ask. (Brings him a document.)

Sure, it does.

So again, did you tell Det Vargas, just a couple of weeks ago, that JD3 had told you in 2010/2011 that she had awoken feeling hungover?

Yes.

You made mention of JD3 that Masterson had made a comment to her or laughed, according to her?

Yes.

Did you tell Det Vargas that what she told you was that he "did it to her while she was asleep?"

Yes.

And that he told her in a child-like manner?

Yes.

That he said "I had sex with you there."

Yes.

That's what she told you he said?

Yes.

This sounds like it was a canded moment with JD3.

Yes.

When you spoke with Det Vargas, did you tell him that JD3 made any mention during the 2010/2011 of this November 2001 rape charge?

I don't recall.

Would it help to refresh recollection to take a look at Det Vargas's report?

Yes.

(Repeats the question, about mentioning Nov 2001 rape.)

Based even off what I read here, I don't recall.

When you spoke to Det Vargas, did you say JD3 told me about this other rape allegation?

I still don't recall.

Do you see it in the report?

I feel like I'm getting the dates mixed up now.

Let's forget about the dates. You told Det Vargas about the unconcious incident.

Yes.

My question is, when you talked to him two weeks ago, when you told him about the 2010/2011 conversation, did you mention the other rape allegation, do you understand the question?

Yes I do and I don't think I did.

The report does not indicate anything else.

Yes.

When you spoke to him 2 weeks ago, you indicated that she had not ever told you about another rape alelgation other than the uncoonscious Dec 2001 incident.

I believe so.

You indicated tath she had never told you about any domestic violence.

Yes, correct.

You spoke about JD3 going to Austin PD. December 2016. Were you aware that she gave an interview to a Det Reyes in January 2017?

Yes.

Is it accurate to say, with respect to your testimony as to when JD3 told you about some other incident, you don't recall whether it was before or after Austin PD.

That's correct, I don't recall.

You don't recall whether it was before she spoke to LAPD in 2017?

Yes.

You don't recall whether it was before she spoke to Mr. Mueller?

Yes.

You had mentioned that you had done a course at Scientology?

Yes.

When?

Around 2010 maybe?

And you had mentioned that you are involved in a pending civil lawsuit?

Yes.

Are you seeking monetary damages?

Yes.

Have you spoken to your wife about that? (Obj, overruled)

When you sue for peace it costs money, doesn't it?

My question is have you spoken to your wife about seeking money damages?

No.

Thank you very much. No further questions.

REDIRECT

Anson: When you spoke to Det Vargas on Oct 10, 2022, how long was that conversation?

About 15 minutes, maybe 20 minutes long?

And you were speakning about one specific converastion you had with JD3?

I don't recall.

Did you tell Det Vargas about a conversation in 2010/2011?

Yes.

And you only talked about that one conversation?

Yes.

And did you get any specific questions about domestic violence?

I don't recall.

Any specific queestions about other rape allegations?

I don't recall.

Do you remember the exact words she used?

No I don't remember the exact words she used.

No further questions.

RE-CROSS

Cohen: When you spoke to Det Vargas, did you tell him that JD3 had gotten very emotional during this conversation?

I don't recall.

Fair to say you made no mention to Det Vargas that she clenched her fists.

Yeah.

that she was scared?

I think I said she was controlled by remote?

You told him that?

I believe I did.

Is it in his report?

I don't think so, but I think I mentioned it.

Has your memory gotten better since you talked to Vargas?

I don't know.

No further questions.

Judge Olmedo again reads the admonition to the jury about Scientology harassment evidence, that no allegation has been made that Mr. Masterson was involved. And not for the truth of the matter.

OK, we'll take our lunch break.

Olmedo wants to put a couple of cases on the record about witnesses testifying despite the possibility of retaliation. Defense had asked to question JD3 about a tweet and the court had denied it, and she reads some case law supporting her decision.

She also notes as part of the civil suit that she made allegations about being hacked, so they would take up too much time even authenticating the social media material.

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