Morning session, Day 14 (Day 10 of testimony) Danny Masterson retrial
We're back after the long four-day break, and we'll be resuming cross-examination of Jane Doe 2 this morning.
SARTORIAL SPLENDOR ALERT: Defense attorney Philip Cohen is making an effort today, showing off a smart light-grey three-piece windowpane suit with blue stripes, white shirt, silver-white tie, and dark grey and white saddle oxfords.
The jurors are a little early this morning, and Judge Charlaine Olmedo wants to get started right away. However, the witness is not here right at 9 am, and she scolds the DAs for not having her here on time.
We then learn that the witness needs more time. Judge Olmedo says we will start at 9:30 am. (She is not happy.)
Resuming the cross-examination of Jane Doe 2.
Defense attorney Philip Cohen: You had mentioned some anxiety and nervousness that you dealt with talking about Danny in 2003. You have been dealing with that into your early teen years.
Jane Doe 2: No, that is not correct. It started at around 17-18.
I thought you said when you started thinking about medication, your mother suggested Scientology.
Correct
So before you dealt with Scientology, you were already dealing with anxiety and nervousness.
Yes, that's somewhat correct. I was in high school and struggling with different things.
And your mom suggested Scientology.
Yes, but not just for anxiety.
OK, so that anxiety existed before Scientology and before the encounter with Danny.
Yes.
Do you think in looking back that the anxiety that you had to deal with, may have had some impact on how you perceived certain events/
I'm not sure I understand the question.
Well, in dealing with anxiety, might it make you overly sensitive to certain things that if you were not, would change how you perceive it (Judge: Calls for speculation, rephrases)
Not sure how to answer it. Anxiety is a rather nebulous thing. I would say it could have an impact.
As a result of your anxiety, before going into certain situations, you would often take some amount of alcohol or wine just to calm your nerves.
Yes.
Do you think your drinking for anxiety may impact how you perceive things.
It may. Usually I just took some for my shaking.
But has it impacted your perception of things
Not really, not to the degree that your suggesting.
You were asked by Ms. Anson to compare the amount you had to drink when you were at Danny's with other similar situations. What was your drinking pattern back in 2003? (Obj, sustained. Narrow it down.) In 2003, did you drink on a regular basis?
What is a regular basis?
Where it would not be unusual.
Sure.
When you would drink on a regular basis, did you get drunk?
Occasionally. Usually it was just to calm my nerves.
When you would get drunk, would that impact your perception?
Depends what the events were.
Did you have any occastion in 2003, gotten drunk, and you had difficulty remember what happened?
Maybe.
And that would not be extraordinary.
It happened more than once. People drink.
When you did drink, did you find that you might just act freer, less inhibited?
Sometimes, it would really depend on the circumstances, who we were with, what we were doing.
(Cohen asked about blackouts, and not remembering things)
Those are two totally different situations.
(He starts to ask about prior blackouts, and Judge Olmedo stops him. He then turns to the incident with the ex-boyfriend from 2002.)
You had previously spoken in May 2017 with Mr. Mueller about this incident with the ex-boyfriend.
Yes.
Did you tell him all the important things you could remember about that?
That I could remember, yes.
And you've called it a rape.
Yes.
You and your ex were at a party?
We ended up at the same party.
And with people who were not Scientologists.
It was a mix.
And you were talking to people at the party.
Yes.
And at some point you and your ex went outside.
Yes.
Do you remember leaving with him?
I do have flashes of memory of getting into a taxi with him after the rape.
Were you drinking a lot at the party?
I think so.
You and your ex left and went outside.
Yes.
Did you leave the party to go outside voluntarily?
I wanted to talk to him.
And you and he are outside and at some point he penetrates you?
We went outside, and I wanted to talk because he was mad at me for breaking up with him. We walked on a dark set of stairs, talking, started to argue, he was really angry with me, threw me down on the stairs and raped me.
You remember those details.
Yes I do.
You go back to the party?
That is not correct.
You leave the party?
Yes, after he raped me we got into a taxi and went back to my apartment. I was pretty, you know, drunk.
Did you ever indicate to Mr. Mueller that your ex had in any way forced you into the cab?
No.
You and your ex then end up at your apartment.
Yes.
And you sleep in a bed together (Obj, relevance, sustained) And you woke up the next day and you said, this isn't right.
That's correct.
Did you ever tell Mr. Mueller that when you woke up the next day, that you said this isn't right.
Either to him to Ms. Reyes. I'm not sure who I said it to.
When you told Mr. Mueller, this isn't right, had you talked to Jane Doe 1 prior to that?
No. Not that I recall.
Do you know what JD1 testified to about waking up the next day? (Judge: Stop, that's overbroad) You said during the interaction with Danny that you had thrown up in your mouth.
Couple of times, yes.
Was that something unusual for you?
What do you mean by that.
Did that often happen?
Often, that I would vomit in my mouth while being raped? No.
Did you tell Mueller that during the rape with your ex-boyfriend that you had thrown up? (Obj, relevance, sustained) Is it possible that the reason you threw up was the amount of alcohol you had to drink?
No, not if it was a rape (emotional). With Danny... (Judge, no question pending).
I want to talk about the night at The Well. You had spoken with Danny that night, correct?
Yes. A little bit, not much.
And your takeaway was that he was not your type.
Wasn't my takeaway. I was asked questions and I said that in an interview at one point because it was true. He's not my normal type.
During the evening, did you develop some type of thought or maybe a desire that you would want to go out with him.
I think I was thinking, maybe there's something about him that was attractive. It wasn't definitive. The amount of attention he was giving me, I might have considered, I was intrigued, a little.
Did you find his personality attractive?
A bit. It was a little unnerving and attractive at the same time.
Did you find it to be sexy?
Sure.
Did the fact that he had a television show, had a career did you find that attractive?
In the sense that he had his stuff together. I was an actor too.
Were you open to the idea after that night to see him romantically.
Uh, yeah. Like a date. He asked for my number.
You talked to Ilaria, your roommate. She said he was really into you.
Yes, it struck her as unusual that he would pay that much attention.
Did you think there could be something romantic at that point?
Yeah. You know, I was very young. I thought he might take me on a date. It wasn't that complicated.
Despite the fact that he's not your type, after interacting him your takeaway was that you would be open to having something romantic (Obj, asked and answered, sustained) You said that a couple of days later, Danny starts to text you.
A couple of nights later. (Questions the time) I thought it was early evening, 6 or 7.
You talked about the texts, come over.
Yes, he was commanding me to come over and it was confusing.
You said it was "concerning."
I don't know if I used that word or not, but I thought it was strange. He could take me on a date, I'm not just going to come over.
No matter how strange you thought they were, you were not afraid to say what your position was.
I guess.
And you expressed very clearly to him, hey if you want to go out, take me on a date.
Yeah.
Is it possible that you and he did go out on a date that night?
No, it's not possible.
Did you ever show these texts to anyone?
Not that I recall.
Shortly after you end up speaking to your mom. Did you mention the texts to her.
Not that I recall.
To Rachel S?
No.
Did you save these messages?
On a Nokia flip phone?
You didn't save them?
No, I don't know if I could.
Did you take pictures of them?
I wouldn't know how to do that then.
But in your responses to him you laid down some rules. Did you show those rules to anyone? Save them, take a picture, anyone?
Not that I recall.
You ultimately end up at his house that night.
Yes.
Whatever took place before hand, you ended up there because you made the decision you wanted to go there.
Yes.
Did you speak to your mom after talking to Danny and ending up at his house?
Not that I recall, no. I don't remember calling my mom before going over there.
You said not that you recall, but you might have spoken to her?
I don't think so, but I don't remember.
Are there details about that night you don't remember?
Yes, there are certain things I don't remember.
Do you remember telling your mom that you were excited to see Danny?
I don't remember. I don't know how that matters, but I don't remember that.
Were you excited to see him?
I think excitement is a bit strong. But he said come over, I set parameters.
Do you remember using that word with your mom?
I don't.
You said before you went over there you said you took a "swig" of something.
Swig, whatever worked, I took a few sips to calm my nerves.
And it did?
A bit, yes.
How much is a swig?
I think I had a little bit of vodka. Or I think I had a few swigs of wine.
Whatever amount you had calmed you down.
Yes.
Does one or two glasses of wine have an impact on you? (Obj, sustained) Did you tell Det Reyes during Jan 2017 interview, that before you left to see Danny that night, you had one or two drinks?
I think what I said I had some vodka or a little bit of wine, but I wasn't being super literal. But I'm positive I didn't have two glasses of wine. I wasn't being specific.
In knowing yourself and going back to 2003, would two glasses of wine affect your perception?
Possibly. I had much higher tolerance then, because I had to drink because Scientology wouldn't allow me to take medication for my condition. My tolerance today is much less.
When you did drink then, would you sometimes make decision that perhaps you would later regret. (Obj, sustained, sends jury to jury room.)
Judge Olmedo: She is saying she gave him more leeway about alcohol but that she feels like it's been done. And she is sustaining objections over it.
Cohen: There was an incident of drunk dialing after the rape that I plan to ask about...
You can certainly ask about the consumption regarding that. What I am saying is you're getting into a pattern, very broad questions. I will be sustaining those objections. Just giving you a head's up if you don't want to have objections sustained in front of the jury.
Cohen asks about sustaining objections to the word "swig." But Judge Olmedo explains how it leads to endless questions about the size of a swig, etc.
Jurors coming back in.
Cohen: We talked about the text message. Shortly after that, do you then end up at his house?
Yes.
Where you were living with Ilaria was very close.
Yes.
You walked there.
That's right.
So you got to Danny's house about 6 or 7?
No, I think it was closer to 8-ish, 9-ish.
When you got there, was it your thought that you wanted him to flirt with you, and you wanted to flirt with him?
I would have been OK with flirting, sure. Yeah.
And that's mutual flirting.
Sure.
Did you want him to kiss you?
I would have been OK with a kiss, anything mild. I wasn't thinking of anything explicit, nothing really sexual. I wanted to go over, maybe we could get to know each other. He didn't take me on a date, maybe we could get to know each other. That could be romantic, I guess. I meant romance instead of sex.
When you got there, your desire was that there be some type of romantic involvement.
As opposed to sex. Getting to know each other, flirting. That's what I meant by romantic.
You drink some wine?
He gave you some wine.
He didn't force you.
Actually ,he did command me.
Did you want to drink it?
A little bit. I wanted to continue to subdue the nerves and talk a little bit.
How much did you drink there.
I don't recall, not much.
Do you remember how much?
No, but I remember that it wasn't much. I know I didn't drink much, but I don't know how much.
Is it possible you had more than one glass?
I don't think so.
Do you recall being asked that question November of last year, it was possible you had more, and you said you didn't know?
I don't recall saying that.
Would it help to refresh your collection to look at a transcript?
I don't know.
Might it help?
It might. (Shows her the transcript from 2022. She says it is labeled 2000, not 2022, which is confusing.)
Do you recall the answer?
The same as I just said, I don't know.
And that's true?
It is true, but I've had to recall this so many times, I don’t think it was a lot I don't think it was more than one glass, but I can't say for sure.
As the night wore on, is it possible that you kept drinking more and more wine?
I don't remember it that way.
Is it possible?
I don't know if it's possible. I don't think I did, but I'm not sure. I mostly recall not actually drinking very much there.
At some point you and he go into the jacuzzi.
Not the way you're saying it.
Danny did not force you into it.
Yes, he did.
He did. He was ordering me to get into the jacuzzi.
When I says force, he did not push you in, he didn't throw you in.
I couldn't consent at that point. I was pretty out of it.
Danny did not physically put you into the jacuzzi.
I can't remember that part.
You can't remember how you got in.
That's right. I remember him ordering me, and then I remember being it.
You have no recollection of him physically putting you into the jacuzzi.
I have no recollection of that because I was so out of it.
Prior to getting into the jacuzzi, is it possible that you took off some of your clothes yourself.
It's possible. That's when things became very blurry, and I don't know how my clothes got off.
When you were in the jacuzzi, there is some physical interaction.
I remember some kissing, yes.
You were touching each other.
I remember him touching me yes, it was getting heavy.
And then from the jacuzzi, you go upstairs to the bathroom/bedroom area.
Not in the way you're saying it.
He didn't carry you up there?
That's correct.
He didn't threaten you that he would hurt you unless you went upstairs?
Well, before the jacuzzi he said, if you don't take off your clothes I'll take them off. There was a lot of ordering going on.
He said if you don't come over I'll come get you?
He said that, but I didn’t understand if this was his waay of flirting. There's a lot going on there. I was nervous, and I was a little interested. It wasn't just one thing, not just one feeling.
So whatever words that he used, you ended up upstairs with him.
He said "go upstairs to the shower.”
And you went up by yourself?
I believe so. I was pretty out of it and walked up.
Did you giggle with him talking to you.
When he commanded me to get in the water, I was giggling because I was nervous.
When you got upstairs, were you kissing outside the shower?
I don't remember, at this moment.
From outside the shower might it have been your idea to go in?
When I spoke with Det Reyes, or Mr. Mueller I may have said that because I was trying to remember, and it's very hard to remember certain portions. I might have said that, it might have been my idea, but now I remember that he ordered me into the shower.
When you spoke to Mueller in May 17, did he give you time to answer?
He did, but the way my memory works, not everything might have occurred to me right then.
Did you tell him in May 2017 it might have been your idea to go in the shower?
I might have said that to him, and to Reyes, I was trying to remember. But now sitting here I can say he ordered me into the shower.
In the shower there is some kissing.
He was kissing me.
Were you kissing back?
Yes. He had me up against the wall. It was intense. I told him it was too intense.
There was touching?
Yes.
And there was fingering.
Yes, and I told him this is too heavy, no no no.
At some point in the shower his penis ended up inside you.
He did it suddenly and I freaked out.
When you say suddenly, there was no indication he was going to do that.
Correct.
When he did that in the shower, the first thing you said was you don't have a condom on.
No, the first thing I said was "No, what are you doing!" The first thing I said waould not have been about the condom. And it was scary that he didn't have one on.(Emotional)
Judge Olmedo calls for the morning recess. Jury and witness go out.
Judge asks the DAs about what the evidence code says about asking about a condom in a rape. Anson says it's a jury instruction. Judge Olmedo looks for it.
Judge: There is an evidence code section related to condoms. She says Cohen can proceed, but she just wanted to check the evidence code.
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Hello! Thank you for the link to Venmo! I wasn't quite sure how to donate to your travel fund and now you've made it easier for us. THANKS for all you do, it's a ton of work, time spent away from your home and your fingers must be exhausted typing so fast!! THANK YOU again and again!! Cathy
Thanks, Tony. The tension and suspense is real.