Challenging Jane Doe 1's LAPD interactions: Danny Masterson trial, Day 7 Lunch break
[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. We are reporting live from an ongoing trial and we do not have time to make such corrections.]
Late morning session
Resuming cross-examination of Jane Doe 1
Cohen: When Masterson's penis touches your anus, you immediately pull away.
And Masterson immediately apologizes.
I don't recall that.
Do you recall telling any LAPD detective that he apologizes.
You don't recall, or you never said that?
Would it help you to see a Detective Myers case progress log?
(Stipulated that Det Myers is a woman.) Would it help to refresh that you said Masterson apologized?
Does it say when he apologized?
Olmedo: Again, this is just asking if it would refresh your memory, and a yes/no.
(Shows her the document.)
She says it helps refresh her memory in general, but not about that question.
He again asks about the apology.
She says: I don't think that's what this says.
Does that refresh your memory that he apologized?
He apologized much later.
I noticed you spent an awful lot of time reviewing the case log regarding that apology.
Yeah, I spent a long time with that.
You looked a long time at it.
Yes. I thought if I read the whole thing it would help me remember Det. Myers.
If I understood your answer correctly, it's your position that Masterson apologized, but not right after the penis and anus touching.
You read this report, it says as soon as he apologized you reached a conclusion in your mind.
Can I see that again? I don't think it says that.
Judge Olmedo: It's hearsay. Rephrase.
As a result of the apology, did you come to a thought?
Did you tell Det Myers?
So when Det Myers says in the report that the apology led to a certain conclusion, Det Myers report would be incorrect?
I feel like it's missing the time. You said you weren't trying to trick me and you couuld rephrase the question.
Both of those things are true. I will rephrase.
Did you tell Det Myers that when his penis touched your anus you pulled away?
I don't know that I said it that way.
Then you told Det Myers that he apologized, but you're saying it was later.
That's what I just testified to.
And when he apologized you reached a conclusion?
And you told Det Myers this?
Yes. Oh wait, no. I don't remember Det Myers or an interview with this person.
We have a stipulation that you gave an interview with Det Myers, a female, on June 8, 2004. My question is, Masterson apologizes and you reached a conclusion?
Asked and answered. I think you're saying there is an inconstency between her memeory and Det Myers. My ruling stands.
Cohen: (2002 incident) You said when you woke up in his bed you said Ugh.
You didn't feel good about the interaction.
You were drinking, you go to his house, and you end up having sex, fair to say?
More to it than that.
Did you think at that point that alcohol leads to poor decision making? (Obj, sust, narrow to this incident.)
Cohen: From the 'ugh,' did you think you had made a poor decision in this case?
That was not the thought.
In 2017 you interviewed with Det Reyes. In speaking of Sept 2002 incident, did you say I guess alcohol makes people do stuff.
I may have said that. I believe that.
After this Sept 2002 incident with Masterson, you wanted to be more cautious about drinking and being around Masterson.
I would say I wanted to be more cautioius being around him.
And you took that cautious very serious.
I wouldn't say very seriously, no. I just made this decision. Very seriously would mean never seeing him again.
Well, not never seeing him again, but you want to avoid that (incident) in the future.
Did you end up seeing a doctor about a spasm you had in your belly? (obj, sustained)
Cohen: April 24, 2003, the day or night before the rape allegation. As I understand it was a Thursday, and you were supposed to fly out Friday, you have a bunch of relatives in town, correct?
You were supposed to fly out the 25th?
With some family members?
To go to Florida?
Two weeks trip?
There were two weeks he liked, it was a trip of a week to ten days.
Would it be fair to say you're a fairly modest person in dress and behavior? (Obj, sustained)
On April 24, 2003, did you go to a restaurant with some people?
Fifteen to 20 people?
I think more.
No alcohol at Lotus or anywhere else?
No, I definitely had alcohol at Lotus or anywhere else.
You ended up peeing in the street after Lotus, right? (Obj, sustained)
Was your tolerance for alcohol in April 2003 still the way it had been in September 2002?
I don't know how I would know if it was the same.
Well you told us your toleraance in Sept 2002 was rather low.
Correct. As far as that night.
And now we're talking just six months later, April 2003, your tolerance had not gotten any better?
No, I disagree .
So you're saying that between Sept 2002 and Apr 2003 was stronger?
That's how I felt?
How did it get stronger? (Court's own objection.)
You said that you went to Masterson's house with Luke Watson?
Who did you go with?
Jenni Weinman and Jen Brill.
So you went to the house with Jenny and Jenny, and you went there to pick up some keys.
Did you tell Offcer Schlegel, the 2004 interview, that you had decided to go to a party at Masterson's house?
Did you tell Off. Schlegel that you had gone to the house to pick up keys and get the clicker you talked about?
Did you tell Myers that the reason you went was to pick up these keys and get back to Brie's house.
I don't recall speaking to Det. Myers.
Do you remember telling any LAPD officer in 2004 that your purpose was to pick up the keys.
Yes, the first officer.
So you told that first officer that you went there to get these keys?
Olmedo: She just said that. Ask another question.
Cohen: Regarding the 2002 incident, you were not entirely comfortable being there in 2003 picking up keys.
Correct, I didn't want to go in his house.
The goal was to get the keys to Ms. Shaffer's house and she lived about 15 minutes away. With a gate in front?
She lived there with her sister Aubrey?
No, with Luke Watson and his sister Aubrey.
Did it occur to you to take a cab the 15 minute drive to Ms. Shaffer's house.
Did it occur to you to call a friend and ask for a ride?
[Photo of front door and landing.]
That's where you stayed, voluntarily, correct?
You were outside with Mr. Watson.
And you were talking with him.
At some point, Masterson comes out and basically grabs you.
And he grabs on to your wrist, and he's pulling you into the house.
I would imagine given what hapepend in 2002, this is a scary moment.
I don't recall thinking about 2002. It was upsetting.
Masterson then proceeds to pull you through this hallway [photo].
And he's pulling you through this hallway against your will.
In fact he's basically dragging you by your wrists.
No, not dragging. He pulled, I sat down.
He's pulling you, you sat down, he pulled you back up.
You end up screaming?
You're in a panic.
He then pulls you up those stairs.
He carries you up the stairs?
Against your will?
This is very scary.
And we're talking 19 years ago or so. But this whole transgression is vivid for you?
And he's using force against you. (Obj, overruled)
And you recall Maserson giving you a drink while you were still out on this front porch.
And that's vivid as well.
When you spoke to Off Schlegel, did you tell him that you had taken a drink from the kitchen?
It's not what I said to him.
Did you tell Off Schlegel that you took a drink to the outside yard?
Did you tell Off Schlegel that you took a drink to the outside yard while talking to Luke Watson?
The drink in the outside yard, yes.
Did you tell Off Schlegel that Masterson then said, in a quote jokingly manner, that you were going to go in the jacuzzi?
No, not for that night I didn't say that night. Off Schlegel didn't think I was speaking English.
Did you ever tell Off Schlegel about this incredibly scary incident of Masterson grabbing you by the wrist from the front yard, pulling you through the hallway, carrying you up the stairs, all against your will?
I don't recall saying those exact words.
When you went to speak to LAPD on June 6 2004 and spoke to Off Schlegel, did you tell him about Masterson grabbing you by the wrist, pulling you through this hallway, carrying you up these stairs into the backyard into the jacuzzi all against your will?
You indicated previously that you have reviewed the 2004 police reports?
In the one that you reviewed did you see any mention of any part of this very scary episode, of going through the front. (Court obj, ask another question.)
You also spoke with Det Myers.
Agreed, it's stipulated.
You spoke with her about the 2003 incident. You also spoke with her about the 2002 incident?
I don't remember talking to Myers.
Did you tell Det Myers about this whole incident?
I don't recall.
Did you explain the night of the incident to Det Myers that you were at Masterson's residence, had one drink, and then you got into the hot tub. (Asked and answered. And Judge Olmedo asks the jury to step out and the witness to step out.)
Olmedo: The problem with your line of questioning is that she doesn't remember a Det Myers, so you asking her what she said in a conversation she doesn't remmber is a problem. That doesn't mean I won't let you call Det. Myers.
Cohen: I'm happy to move on.
Judge Olmedo going over the law about how you can't bring up a sexual assault victim's past sexual behavior, appearance, etc.
Olmedo: Why would you ask if she peed in the street or dressed modestly. The court is concerned you're in violation of the statute.
She said she had nothing to drink. She told the LAPD she peed in the street. That's unusual. I did not ask the qeustion having any sexual conduct, and I represent that to the court. If she said I peed in the street all the time, that's fine. But I think it's appropriate when the whole line, remember the govdernment going into all the things about how much she had drunk and what amounts. I believe I'm allowed to follow up with circumstantial evidence about having drunk and needing to relieve her bladder.
Judge says it's irrelevant and cites that people might need to pee becasus they've been drinking a lot of water or soft drinks. With regards to both incidents she indicate she drank before both incidents.
She also indicates that her tolerance got better. I'm not a toxicologist but one way you get more tolerance is by drinking more.
Olmedo is citing case law. And she's saying that the People are not even alleging that she had been drugged because there's no evidence of it.
Cohen: Your honor, the govt may have not said drugged or mollied or roofied, but the pattern of evidence clearly makes that inference. it couuld not be taken any other way, which is why they have spent so much time on it. I'm going to ask the gcourt to preclude the government with any other witnesses or arguemnts that there was anything nefarious about any drinks from Mr. Masterson.
Olmedo: She says both sides can vet that before our next witness. (Sounds like they'll take this up again before the next witness.)
Jury back in.
Cohen: Do you know the size of the drink that you had at Masterson's house (2003 incident).
Yes. I call it a tumbler, I assume that's the word.
And you have a clear memory of that?
Did you ever tell Det. Vargas (2017), that you didn't know the size of the drink?
With respect to this drink, did Masterson ask you what you wanted to drink?
"What are you drinking."
And that's to ask, what do you want?
So Masterson approaches you, tells you what you want, you say vodka, correct?
Did you tell him vodka something?
So he comes back with a drink.
And you could taste or smell the effervescent of vodka.
Given what had happened in Sept 2002, given your concern of even going in the house, did you give a thought to saying, I'm good?
No, they had two girls there.
Do you remember telling any LAPD officer in June 2004 that you did not feel nauseuous and sick until after you got into the jacuzzi?
I don't recall saying that.
Might it help to refresh your memory to look at a detective's log?
(Shows her a page. Asks her to read a highlighted paragraph.)
Does it refresh your recollection that you said you felt nauseuous after you were in the jacuzzi?
I don't recall saying it, but I don't disagree with that statement.
Mr. Mueller had asked you about the temperature of the jacuzzi. As I understand it, you have a very clear recollection of how that water felt.
I recalled of the memory event. This was before everythign turned to bubbles.
Did anyong give you that term to use for memory, "Bubbles"?
I said that before.
Did someone give you that term to use?
No. I use that to help people understand. No one has given me that.
Do you have any training in how the memory works? (Obje, sustained)
Now, after you're in the jacuzzi, trying to get out of the jacuzzi. You have a specific memory of Masterson carrying you up the stairs with his hands under your butt and your back.
That's how I described it.
As with your memory of the water temperature, you also have a detailed memory of whwere his hands were when he carried you?
Could your recollection of how you got up those stairs be imperfect?
Did you tell Off Schlegel that Masterson had helped you into the house.
Had helped me into the house? I'm sorry, helped me into the house 2002 or 2003?
I'm still on April 25, 2003 and interview with Schlegel in 2004
In that interview I spoke to him about 2002 and 2003.
You spoke to him about 2002...
...When Masterson helped me into the house.
And 2003, did you tell him he helped you into the house?
When you spoke to Off Schlegel about what happened in 2003, did you tell him that the suspect had helped you into his house.
(Very few of the jurors are looking at Cohen, for what that's worth.)
Her answer: No.
Did you tell Off Schlegel that Masteeron had guided you by a bathroom.
Did you tell him that he guided up you a flight of stairs.
You did not have your phone with you during your entry into the house.
While Masterson is carrying you up the stairs, you call your dad for help.
Luke took the phone away when I was calling for help, that's what I remember, I was calling my father to wish him a birthday (very emotional during this).
Did you call your dad when you were going up the stairs.
With Luke and Danny, I had my phone, and I called my dad to leave a voice mail to wish him a happy birthday, but it hung up.
Did you tell Det Reyes, 13 years later, that my dad has the voice mail when I called for help?
Do you have that voice mail?
Did you give that voice mail to anyone else?
You have indicated you have spotty recollections of things in certain areas.
But a specific memory of calling your dad.
Masterson's room was really pitch black, correct. (Obj what time, sust)
At the time you get into Masterson's room, it's pitch black.
It was so pitch black you could not even see where you were crawling.
I wasn't crawling innitially.
I'm going to assume you're going to say it got lighter, but at the time you were crawling it was still pitch black?
I only guess when I crawled. I don't know the sequence. I had independent thoughts.
The chronology was, you come into the room, there's choking, a gun, you then crawl into or out of the closet. Is that a fair chronology.
It could be a fair description, or there were other steps too.
Did you tell Det Reyes when you were crawling, you couldn't see where you were going?
How many times did you go into and out of consciousness?
I could seven.
During your rape allegation with Masterson, one of the things that happens is he chokes you so hard you're having a lot of trouble breathing.
You described it to a detective as having been strangled.
I don't recall saying that word.
Did you tell Det Vargas that Masterson had grabbed your neck and with one hand strangled you into unconsciousness.
I don't know if I said strangled, but that described to me, i"m usually more specific. I don't recall if I said strangled.
Would it help if you looked at some notes of Det Vargas.
Does that refresh your memory?
I didn't use the word strangled. That's a cop word.
Did you say he squeezed your neck so hard into unconsciousness?
Did he choke you on more than one occasion?
And that hurt you I assume.
It hurt at the time. I don't remember the pain level. It was pressure and I couldn't breathe.
It was with such force that the squeeze caused you to go unconscious.
And the pressure from above.
So show me what he did please.
His hand was around my neck and he was on top of me, so it was pressure and squeeze.
His body weight was on top of you, and squeezing with his hand, to push down upon your windpipe.
Do you have any lay understanding in the potential to damage to somebody's throat area and blood flow when there is pressure on top of the throat. (Obje, sustained, just ask the questin.)
It hurt at the time?
It hurt afterwards?
And as he is exerting this force and squeezing you saw the look of hate.
And you thought that was the last thing you were going to see.
It was after this choking that you ended up in the closet.
Judge Olmedo calls for lunch break.
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I’m still just so confused how any of Cohen’s questioning is very effective for the defense so far in terms of proving whether or not forcible rape actually occurred. Considering the testimony of JD1 involved all the symptoms of being roofied, although of course there is no direct evidence (big eye roll), it doesn’t seem very impactful to argue over when Masterson apologized after unwanted anal penetration or in what order her horrific memories of crawling to escape from him took place. She seems to be doing an excellent job maintaining her composure and clarity on the stand. No idea how Tony takes notes this fast!
Again, Cohen’s performance seems antagonizing. It also seems ineffective. The way it reads to me, he is still badgering the witness.