Cross-examination of Jane Doe 1 by Philip Cohen begins

Late afternoon session, Day 10 (Day 6 of testimony), Danny Masterson retrial

Continuing direct examination of Jane Doe 1.

Mueller: Those names you didn't include, why not.

Jane Doe 1: I was hoping to somehow navigate reporting the crime without involving Scientology. I thought perhaps Miscvaige would go light on me, my parents were big donors.

But you included Swarz?

I said the name, and he asked me for a phone number, and I wasn't thinking when I gave the name.

Was there a point when officials in the church had come to your family to have you sign some kind of non-disclosure agreement?

Yes, in July 2004.

Where did that take place?

My parents' home.

Who was involved

Kendrick Moxon, an attorney and in their paramilitary organization, and he is the church's internal counsel.

Your parents?

My father was home when I answered the door to Moxon. He asked if he could speak to my father, handed me a piece of paper, and told me to step outside and read it. He said this was so he and my father could work it out so my father wouldn't lose his daughter like Moxon had.

What was the piece of paper?

A letter to me from Mr. Masterson.

What happened then?

He asked me for the paper back?

Did you give it?

Yes and no. When I was outside I stepped into my parents office and put it through the scanner. But I accidently gave him the copy. He was really mad.

What happened in the negotiations.

He said Julian would be calling me. And if I signed the agreement they wouldn't submit the declare, which was already written. (Julian was holding a prepared declare that he would file if she didn't sign the agreement. Julian had called her about two weeks after the LAPD report, asked why the police were calling him, she told him she had given the police his number. Julian said, "You're so fucked you have no idea how fucked you are." JD1 explains how a declare would affect her life.

So did you sign this agreement?

I did.

Did you feel you had a choice?

None.

What happened after you signed it?

I asked for a copy to show Julian my compliance. I needed him not to issue the declare. So I wanted to copy to prove that I'd signed it. But I was told I wasn't getting a copy.

Were you aware of what the agreement was about?

Just vaguely. The pages were turned for me. I remember some things distinctly. His name wasn't there, that I couldn't say anything about any sexual assault.

In exchange for that for you not to discuss these things, what were you to receive.

There was a payment that went from him -- or from "David Duncan" -- to a trust, or when an attorney has an escrow account.

What was David Duncan?

I was told that was Mr. Masterson.

What total did you receive.

The amount on the paper was $400,000 that's not what I received. I think the attorney that my parents sent with me, I think 30 or 40 thousand.

You're aware the total was $400,000?

That's what was on the paper.

Did you at some point learn other victims in this?

Yes.

When did you first become aware of Jane Doe 3?

December 2001/January 2002?

What were the circumstances.

Brie Shaffer had asked me do an ethics program for JD3, something that upset her.

What did Brie ask you to do?

See if I could get JD3 comfortable with me, so I could then write an internal report, basically snitch on her. She asked others to do it to. She said she needed five other reports.

What report did they want you to write?

They prefer a Things That Shouldn't Be report, or a Knowledge Report. If they had enough they could have a committee evidence and expel someone.

Did Brie tell you what this was about?

Yes, she told me what JD3 was upset about. But she said Oh god, no, that didn't really happen. that happens all the time. She's out- exchange.

Did you make contact with JD3?

No, it seemed really wrong.

At some point did you learn that JD3 was part of an investigation to report Mr. Masterson?

Yes, in 2016.

Were you contacted by JD3 after this NDA.

Yes. 2016. I hadn't heard from her before.

How were you contacted by her?

She said my name three times on social media and someone told me.

Did you respond to it?

Indirectly I had use a middle man to contact her. I had no idea what Twitter was. So I found a backchannel, who knew her phone number. I texted her, and I said I was so sorry what you went through, please take my name down.

Did JD3 then disclose to you certain things that happened to her with Masterson?

I kind of disclosed to her first. And then she was taken aback.

What did you tell her?

I'm sorry, I knew about you.

Was there anything more discussed in that conversation?

I apologized, I said I can't talk about anything. And I couldn't say I had an NDA. I just said I could lose everything, my kids, I can't talk to you about it. She said, I understand.

Do you know Jane Doe 2?

I know her now. JD3 told me about her. That JD2 had been in Scientology for some years but our paths didn't cross her.

When did you first speak to her?

The summer of 2017. I knew that she'd spoken to JD3.

How was it you made contact to her?

I honestly don't remember.

When you did make that first contact, was there any discussion about what had happened?

No, she's different, she's very soft. Her voice shaked. The reason for our conversation wasn't about what happened to us by Mr. Masterson.

What was the reason?

Kind of you. We hadn't heard what was happening with the investigation, and scary things were happening to us.

Since you reported, have you had any harassment or stalking going on?

Yes.

Is that still ongoing?

Extra. Extra today. Yes.

Did you and JD3 ever exchange details about what happened to each of you.

No exchange details. I'm not unaware of what happened to her. But we have conversations about the people who are making death threats or following us. We report it to law enforcement. We've reported many of the incidents.

The LAPD?

Yes. And I also reached out to an FBI agent.

Over the course of this investigation when you have learned of one another, how would you describe your relationship together.

With whom?

You with JD2 and JD3.

What I know now, it's called trauma-bonding. There's no one understands when your kids cry or your in-laws are worried, or your best friend is afraid to meet them in public (emotional).

Do you have concerns of testifying here today?

Yes.

Does that include the stalking and harassment?

Yes.

Are you part of a civil suit that is filed against the C of S, David Miscavige, and Mr. Masterson?

Yes.

When was it filed?

In August of 2019.

What was the reason?

There was no number of reports, nothing we could do to stop this campaign of terror. It was just getting bolder and bolder. I could think of this policy, the policy of Fair Game, we don't stop, we destroy them, we don't stop until they sue for peace. You can destroy them, there's no stopping, we don't stop until they sue for peace. And everything is so literal and you must follow everything the way it is written in Scientology. The founder indoctrinated us, that's what it says, that's what I mean. So if it said make them sue for peace that seemed like the only step we could take.

No further questions.

CROSS-EXAMINATION

Cohen: I'm going to ask you a few questions today and then continue tomorrow. You've been truthful in your testimony?

To the very best of my ability.

Only you know, you've been truthful?

Yes.

And complete?

As complete as I can.

(He puts up a list of her interviews with police over time.) Fair to say that when you spoke with Ofc Schlagel on June 6, 2004, you were honest?

Yes.

When you spoke with Det Myers two days later, you were truthful?

I was truthful.

And the two incidents, Sept 2002 and Apr 2003, these interviews took place a year and a half later.

That sounds accurate.

When you spoke to Schlagel and Myers, those details were fresh in your mind?

Yes.

And would it be fair to say fresher then than today.

That seems reasonable.

In other words, your memory hasn't got better today. (She agrees.) Despite all of those concerns about Scientology policies, you reported to LAPD.

I had to.

Following the rape that has been alleged, April 2003, you end up in Florida a day later, correct?

Yeah, I would say that's accurate.

And when you got to Florida, you were in a lot of pain.

I was.

And you previously under oath described that pain.

I did.

Your pain level, you put at a 10 out of 10. (Obj, sustained) Was your pain at 10 out of 10.

For a good portion of it.

Within a day of getting there?

It increased, it got worse and worse after I got up.

On April 30, 2003, what was your pain level at, the date the picture was taken.

That day it was a 10.

So ten out of ten?

Yes.

On that day you had bad intestinal issues?

No.

Do you recall that you testified that you had issues?

I said I had intestinal issues, but it was bad earlier.

On Apr 30 did you feel like you had been punched in the vagina?

I still felt that way.

And on Apr 30 you said you were covered with bruises.

I did.

On April 24, 2017, you sat for an interview with Mr. Mueller.

I guess that sounds about right.

At that time did you tell Mr. Mueller, (Obj)...

Judge Olmedo tells the jury that we're breaking for the day.

Judge informs Cohen that he should not be referring to previous testimony in questions at this point, and that she doesn't want comments from him. He acknowledges it.

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