CROSS OF DET REYES BEGINS: Danny Masterson Trial, Day 14, 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.

Det. Myape back on the stand. Jury in.

Mueller continues direct testimony.

Mueller: You mentioned that JD1 was carried upstairs she threw up all over herself. And what did she tell you happened after that.

She said he picked her up by the hair and took her to the shower and took off her clothes, and then took her to his bed.

Did she tell you where she threw up?

Besides on herself?

Where?

In the bedroom.

In the bedroom? Is that in your report?

(She checks.) Upstairs.

Threw up somewhere upstairs?

Oh, in the bathroom. (Cohen objects, and so Mueller has her go through the more formal routine of refreshing her collection. With the same result.)

Did she tell what happened next?

Yes. He removed her clothes and put her in the shower.

Did she tell you what happened in the shower?

I don't recall.

You did prepare a report on this interview.

That's correct.

These reports, do they document everything said in the interview?

No. It's to paraphrase what is said. Summarize, summarize.

And did you get a chance to listen to that recording?

No I did not.

And so you're basing your responses on what you recall, and you have the written report?

That's correct.

And she told you he took her to the bedroom?

That's correct. She said he carried her to the bed, it was dark, and the next memory she had was him sexually assaulting her.

And did she describe how it was?

He was on top of her, and he was strangling her, and he told her that she could not tell anyone. Not tell her parents. And at one point he pointed a gun at her.

Did she say he pointed the gun at her or is that you paraphrasing?

I paraphrased.

Did she tell you where he got the gun?

I remember that he put the gun back in a nightstand or drawer by the bed.

What did she tell you next?

She tried to grab a lamp on the nightstand and hit him with it. She tried to reach into the drawer to grab the gun and he slammed the drawer on her hand.

And what did she say happened next?

That he sodomized her.

And what did she say next?

There was someone outside the door, and he told her to be quiet. And that he left at some point. And that she crawled into a closet.

And then what did she say happened?

It was daylight, and she got up, and gathered her belongings, and she was looking for condoms. And when she went downstairs she saw Luke Watson in the home.

Did she tell you what she did after leaving?

There was a phone call to her father at some point, and she left a voicemail and she was crying.

Do you remember if that was before or after she left the house?

No.

Did she tell you about a trip to Florida?

Yes. She said there was a trip to Florida and there were bruises on her body, and there were photographs that she would give me.

Did you get photos?

Yes.

How many?

I don't recall.

Did she tell you what the occasion was for going to Florida?

I don't recall.

Did she tell you who all went?

I don't recall.

Did she tell you who she disclosed to what happened?

Yes. Can I refer to my notes? (Checks.)

Does that refresh your recollection?

No.

Did she tell you about telling someone in Florida?

I don't recall.

Did she talk to you about telling anyone from Scientology?

Yes.

Who did she tell?

Her father. Marty Singer. They made her sign a non-disclosure...

No, who she told, from the Church of Scientology.

I can't say for sure.

Did she tell you about any concerns about reporting this to you?

Yes.

What did she say?

She said she was extremely afraid of the Church of Scientology because she signed an NDA and was afraid that if she would breach that.

Did she tell you if she had concerns about harassment or retaliation with regard to Scientology?

Yes, she was afraid that they would retaliate against her, that people would come to her house. Her car was burglarized... (Latter part stricken.)

Did she tell you if she was experiencing harassment since reporting?

Yes.

You interviewd JD2 as well?

Yes. January 27, 2017.

Where did that take place?

Her home.

Did she talked to you about an incident with Mr. Masterson Oct-Dec 2003?

Yes.

Did she tell you that this had occurred at this Hollymount residence?

Yes.

Did she tell you the circumstances how she got there?

Yes. She said she was with friends, Mr. Masterson included, at a get-together. And her friend told her that he was interested in her romantically.

And what did she tell you happened that evening?

She went to his home?

The same evening?

Can I look at my report? (Checks.) It was a different evening.

Did she tell you where this took place?

I believe it's in my report. (Checks.) Yes. A placed called The Well.

And this person who told her that his interest, did she give you a name?

Ilia (actually Ilaria) Urbinati.

Did she mention to you any contact with him after the evening?

Yes. That she received some text messages from him.

And what did they say?

He invited her over to his home.

Did she tell you how she felt?

Yes. She said she liked getting the messages.

Did she tell you she was flattered?

Yes.

And she told you what happened when she got there?

He handed her a glass of wine. And he insisted that she drink it.

Did she tell you what he wanted her to do?

He wanted her to go in the jacuzzi. And I remember her telling me that he seemed to be rushing things when she wanted this to be more of a romantic experience. And she said something funny, that she didn't want to be the 'ho with the asshole in the mansion.

Was it I didn't want to be the 'ho in the jacuzzi with the asshole at the mansion?

Yeah, that's it.

What did she say then?

Can I look at my report? (Checks.) Masterson kept telling her to drink her wine, telling her to take off her clothes, she said no. He was like a drill sergeant. She kept drinking the wine. But now she was unclear but she was in the shower with him and only in her underwear and kept telling him no.

Did she tell you how she got up to the shower? Did she tell you at all about being in the jacuzzi?

Yes, I believe she told me that.

Do you remember what she said about being in the jacuzzi?

I would have to look at my notes. (Checks.) He kept asking her to take her clothes off and he said no.

From jacuzzi to shower, did she tell you what she remembered getting there?

It's not in my report.

Did she talk about how her memory was affected by having this wine

Yes, she said her memory wasn't clear about everything that happened that evening.

Did she tell you about having any alcohol before she went to the house?

I don't recall.

What did she say happened in the shower?

That he digitally penetrated her, and sexually assaulted her in the shower.

Her reaction to digital penetration?

She kept saying no, that she said no about the sexual assault about fifty times.

Those were her words that she said it fifty times?

Yes.

What else did she tell you about the shower?

That's all I recall.

What did she tell you next?

That he took her to the bed and had her on her hands and knees and was sexually assaulting her.

And how was he sexually assaulting her.

Vaginally.

And how was she reacting to it.

Can I check my notes? (Checks.) That she was drunk, and she asked him to put a condom on.

In the shower, was she wearing something?

Her underwear.

Before the shower did she tell you what she was wearing?

It's not in my report.

Do you have page 10 of 20?

Yes.

The third paragraph down?

It's not on that page. (Mueller approaches and is showing her.)

Did she talk to you about any clothing on in the jacuzzi?

She had her underwear and bra.

While in the jacuzzi did she tell you about sexual contact?

He penetrated her vagina.

How?

With his finger.

Was that in the jacuzzi or somewhere else?

It was in the shower.

What about in the jacuzzi, was there any other touching that she recalled.

If I can look at that report again, sorry. (Checks.)

What do you recall her telling her.

That he inserted his penis in her vagina.

Where?

In the jacuzzi.

I'm going to ask you to take one more look.

Oh, I see, it's the shower.

So, what did she tell you about touching in the jacuzzi?

In the jacuzzi it was fingers. And in the shower it was penis in vagina.

Did she say they kissed in the jacuzzi and she didn't remember any other touching in the jacuzzi?

Yes.

And then in the shower, they kissed, then penetrated her vagina with finger, then with his penis, in the shower. Is that accurate?

Yes.

Did she tell you what her reaction was?

She said she flipped out.

Why?

Because she didn't want to have sex with him.

Did she say what she told him about it?

She told him that she didn't want to have sex.

Once they got to the bedroom, do you recall what she said when they got there?

That he, that she was on her hands and knees and he was penetrating her vagina.

Did she tell you what her response was to him penetrating her on the bed?

I don't recall.

Can I show you page 10 again, would that help you refresh?

Yes. (Checks report.)

What did she tell you what her response was?

She told him that she didn't want to have sex, and she asked him to put a condom on.

And what was his response to that, that she told you? Did he stop?

No, he kept going.

And when you're saying that she told him she didn't want to have sex, she told him no to sex. (Obj, overrule)

Yes.

And that he continued even though she said no to sex.

Yes.

What did she tell you about positioning on the bed.

She said she was on all fours and then he turned her on her back and penetrated her again.

Did she tell you if there was any other penetration to her anal area?

I don't recall.

(Shows her document.)

Did she tell you there was also anal penetration?

She said there was no anal penetration.

What time did she say she left the house.

I believe it was the next morning.

About 5 or 6 am, is that right?

I don't recall the time.

If I was to tell you that was in your report does that sound consistent.

Oh yeah.

Did she tell you what she thought of it?

She was confused and she didn't think she'd been raped because she thought you had to be strangled or some kind of violent force for it to be rape.

So she didn't understand it as rape at the time?

That's correct.

Did she tell you how she was feeling?

She said she was drunk, there was some memory loss.

Any other descriptions?

Nausea. She threw up.

She told you that she threw up during the incident?

Yes.

Did she say she also felt some shock?

I don't have a direct recollection.

Did she talk about what they were doing after this incident ended up until she left?

I don't recall.

At some point during this investigation. Was there a time when you or someone involved where they were setting up equipment for each of the victims to be able to capture phone calls?

That's correct.

And you set that up.

I did.

How did you do that.

I had to call our technical division and set up phone lines for the victims so they could call Mr. Masterson and use a ruse to talk to him and see if he would say anything to them about these incidents

So that was instigated by law enforcement.

That's correct.

And you reached out to all three to set that up?

That's correct.

Did that require special equipment.

They're dedicated phone lines but you had to set that up for certain numbers. so they could use their own phones to call him, but a different number would pop up.

And this was a decision by the department.

Correct.

Was there an issue with these lines?

I guess one of the numbers, these are chosen randomly chosen by the technical people, and one of the numbers happened to be on the Internet as a sting line. I asked TDA, and they said they didn't know. They said it was a coincidence.

Who discovered that?

jane Doe 1.

They're called pretext calls, right?

Yes.

Do you give instruction to the victims?

Well, there's a series of phone numbers and prompts to get into the system, and the system captures the line their calling from and the number their calling, records the date and time and whatever is said. So they had to know how to use the system and what we needed to corroborate for a report.

So did you give them direction about who to contact?

Yes.

Did you tell them what to say?

Yes.

And besides Masterson, did you tell them to call other witnesses?

Yes.

So calls they made were on your instructions?

Yes. (Obj, overruled.)

Did you ever advise any of them not to speak to other witnesses?

Yes.

And what did you tell them?

I told them to protect the integrity of the case, they should refrain from speaking to other witnesses.

But there were other witnesses they were supposed to call for these pretext calls?

That's correct.

Are you aware of concerns the victims had with intimidation or threats from Scientology during the investigation? (Obj, overruled)

Yes.

Did JD1 tell you she had been experiencing stalking or intimidation since this began? (Obj, overrulued)

Yes.

Did JD3 tell you she had been experieeince harrasment?

Yes.

Did JD2 tell you that?

Yes.

So you were aware that all three of them had those concerns. (Asked and answered.) No further questions.

CROSS-EXAMINATION

Cohen: You mentioned that you are in a special type of assault unit?

Correct.

Separate from that, you've been a sex detective for a number of years before that unit?

Yes.

How long a sex detective?

Approximately 15 years.

And in that role, fair to say you've testified in court before.

Yes.

Hundreds of times?

Yes.

And you usually testify at hte request of the DA's office.

That's correct.

Did you know that you were on the govt's witness list?

Yes.

So you've known for three or four weeks you're on the list.

Correct.

Would it be typical for you to review a report?

Yes.

And that's to help refresh your recollection of the report.

That's correct.

There's actually another way to remember other than looking at a summary report.

Yes.

And that would be?

Listen to the audio recording.

Or reading a transcript?

Yes.

Did the DA's office ask you to look at a transcript of what was said by JD1, JD2, JD3?

No.

Is that what they would do?

Not in every case.

But in most cases.

Yes.

Especially when it's been five years?

Yes.

If you had reviewed the actual transcript, fair to say it would help take away from what you just said, having to guess, having to speculate what these women said?

Yes.

You used a term, "paraphrase," and I think there were some questions about in the report you paraphrased.

Yes.

At some points this morning, when he asked you a number of questions you had some difficulty recalling specifics?

Fair to say.

And were there times when you kind of guessed at what the specifics were?

I would say that's what I thought they were.

You want to be fair in this case to both sides?

Yes.

And so if you had thought or assumed at what the answer was, you would be fair to both sides? (Obj, sustained. Rephrase.) Is it your position you have been fair to both sides to what was said to you by the women?

I don't understand the question.

Is it fair to say when you said what you recall, you were trying to be fair to what the women said to you.

Yes.

And you would not have guessed in order to help the govt in this case?

I said specifically that I was trying not to misstate things.

You were the lead detective in this?

Yes.

WAs it your role to review prior reports?

Yes.

Because one of the things you are trying to determine is if a witness is being consistent.

Correct.

In fact that's one of the most imoprtant things.

Correct.

When a victim witness makes a statement to you, you take what they say at face value (Obj, overruled)

What do you mean by face value?

You assume they're being truthful?

Correct.

And you don't know if they are or they aren't.

Correct.

And so then you want to determine if they are.

Correct.

One way is to see if they have been consistent...

(Judge Olmedo calls for a sidebar.)

Cohen: As part of your investigation, let's take JD1, did you then go and review prior reports regarding her allegations?

Yes.

And was one of those reports prepared by an Officer Schlegel?

I don't recall that name.

Was one of those reports prepared by a Det Myers.

Yes.

In conjunction with reviewing Det Myers report, if you recall, was there a June 6 report by a desk officer.

There was another report by a desk officer, not sure of the date.

If say that desk officer was Officer Schlegel, would that refresh your recollection?

I still don't remember the name.

Let's forget the name. When you reviewed the desk officer's report did you view it to determine whether or not JD1 had made any mention of a gun.

I did review the report.

And did you review it in part to see if there was mention of a gun.

I reviewed just to see what the facts of that report were.

Was there a mention of a gun?

No.

When you reviewed Det Myers report, was there a mention of a gun?

No.

Did you take any steps to follow up to either of them over that?

Yes.

Did you prepare a report regarding that follow up.

Yes.

Is that included in that report you have taken a look at?

Yes.

JD1 did not indicate to you that a gun was pointed at her.

That's what I testified to?

Do you recall Mueller asking you if she said that or you were paraphrasing, and you said it was you paraphrasing.

I believe so.

Did JD1 tell you in 2017 that Masterson had pointed a gun at her?

I believe so.

Would it help to refresh your recollection of the transcript?

Please. (Checks.) She said he pointed a gun at me.

And JD1 told you, as you indicated, that he had pointed a gun at her.

So when you indicated in your report that she said he pointed a gun at her, you weren't paraphrasing.

Correct.

You were relying on what she had told you?

Yes.

Is there a reason why you told Mueller that you were paraphrasing

I thougth he meant about the whole incident in gernearl. That I was paragrashing htat paragraph?

Were you paraphrasing, or is that what JD1 told you? (Prior testimony speaks for itself, ask another question.) Were there other things you paraphrased insntead of looking ath the transcript. (Obj, sustained.) What is cross-contamination with respect to a case you're investigating and victims/witnesses speaking to each other. (Obj, overruled) Well, let me ask you, do you know what the term cross-contamination refers to?

I know what you're getting at, I know what it means. If witnesses talk to each other that their recollection may be different because they've talked to another person.

When you interview a witness in a criminal investigation is it real important to get that witness's independent recollection?

Yes.

And is the goal when speaking to them to try to make sure that they have not been influenced by getting information from other people?

Yes.

Why?

Because you want a clear recollection from that victim what occurred.

At any point did you have any concern that the three Jane Does were speaking to each other?

Yes.

And at some point did you articulate to them that that was a concern of yours?

Yes.

And did you indicate to them that there could be damage done to the investigation? (Obj, overruled)

Yes.

Did you also indicate to the Jane Does that in addition to not speaking to each other that they should also not speak to witnesses that you were going to interview?

Yes.

Did you also indicate to the three Jane Does that they should not provide any information to any press or media?

Yes.

And did you tell them that because that may be problematic with sharing of information to other witnesses?

Yes.

Did you ever come to find out that in fact that information had been shared to the press by one or more of the Jane Does?

Yes.

In preparation for your testimony today, were you aware there is a transcript of the Jane Does with Mr. Mueller?

I would assume so.

I wouldn't want you to assume. Did you know interviews were conducted?

No.

So it would be fair to say you haven't listened to any interviews of Mr. Mueller with the Jane Does.

That's correct.

(Cohen puts up list of interviews done of JD1) You indicate your aware of her giving an interview on June 6, 2004.

Yes.

And with Det Myers on June 8, 2004.

And one you conducted in January 2016.

Correct.

And one in 2017 with Mr. Mueller and you are not aware of that one.

Correct.

And then a Det Vargas comes in at some point at 2017.

Correct.

Judge Olmedo calls for the lunch break.

---

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