Late afternoon session, Day 8 (Day 4 of testimony), Danny Masterson retrial
Cross examination of Dr. Barbara Ziv
Holley: The concept of rape myths, presupposes there was a myth.
Dr. Ziv: They're about rapes, yes.
But if there was no rape, then it's inapplicable.
No, rape myths are widely held.
I think we're saying the same thing. But if someone wasn't raped, then there would be rape myths about it. Or about post-rape contact. What you're testifying to is that there are no absolutes about victim behavior.
No, what I think I'm talking about is
A victim might report immediately?
Yes.
They might report years in the future.
Correct.
They might never report.
Correct.
A victim might have contact afterwards, but they may not.
Correct. But the majority of them do.
Who makes the decision that you're a blind expert? (Asks to reword) Are there cases where you do know the details?
Those cases I've been asked to examine a victim or perpetrator in order to answer a question. Is a perpetrator competent to stand trial. There has to be a specific question for me to answer.
A situation like the one today, is it common that you're a blind expert?
Yes.
Mueller asked a number of hypotheticals, so you have no way of knowing if they're complete or accurate?
They're hypotheticals, and I don't have a way of knowing how they relate to the case.
There were no hypotheticals where you said no, that would never happen.
Well, my memory is that he asked a hypothetical and asked me what would I expect.
(Asks her about the questions about blackout situations.)
People are very poor judge of how intoxicated someone else. (And again she criticizes the term "blackout.")
The people observing them may have no understand of the level of their intoxication.
Possibly.
You talked about subtle forms of refusal.
Refusal messages. They can be subtle.
When they are subtle, the perception of the man could be different.
They could be.
When you are called to testify other than this type, when you're making an evaluation, when you are asked to examine the facts of the case...
Usually I testify without knowing the facts, or I am asked to examine a particular individual.
And you are asked to evaluate on a number of factors. It could be on a victim.
Yes.
And you look at consistency?
Yes.
Do you look at whether the accuser might have a motivation to lie?
Yes.
And there might be a number of them.
Motivations to lie? Yes there are, but the rate of false reporting is about 2 to 8 percent, which is about the same as any other crime.
And how could such a statistic be determined?
It's interesting that you asked that. There have been recent studies based on law enforcement organizations.
You would agree that SA cases are often difficult to prosecute because there are only two people there.
Yes, but there are other determinations to find a false complaint.
How often do you testify for the defense.
I have testified for the defense but more often for the prosecution.
How much are you being paid?
I am paid $3,000 for a half-day of testimony.
Does that include travel?
It does not include travel.
No further questions.
REDIRECT
Mueller: Are there certain date-rape drugs that put you on the same continuum (as the way alcohol works).
Ziv: Whole classes of drugs. Benzodiazepines, they're used in medical practice to put you to sleep or to relax you.
No further questions.
Judge: Well, we finished earlier than anticipated. So we're going to go ahead and break for the day.
Holley asked about an objection that Judge Olmedo made during the cross-examination, and the judge is explaining her reasoning. She asks the court reporter to pull up something for her to look at.
After some discussion, Judge Olmedo says they will strike from the record Dr. Ziv’s statement that the rate of false reporting is only two to eight percent.
Tomorrow we’ll start at 10:30 am.
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Expert testimony struck from the record. Wow.