CROSS OF LEAD DETECTIVE: Danny Masterson Trial, Day 15, end of day 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 afternoon session.

Continuing cross-examination of Det. Javier Vargas.

Cohen: I had asked if you recalled JD2 saying we could kiss, you could finger me, and then go to sleep.

I don't.

Would it help refresh your recollection to check your report?

I did not document that in my report.

Would it help to look at a transcript of the interview.

Yes. (He checks.) OK.

Do you recall JD2 indicating, this is after the shower now in the bed, "we can managed, we'll just kiss and make out and he will finger me and we'll go to sleep or something."

That was her statement, yes.

In going from the shower to the bed, did JD2 say that Masterson "asked me to go in his room."

Yes he directed her to the bedroom.

That's not my question. Did she say, "He asked me to go."

I don't recall those being her words.

Would it help to refresh your recollection to look at your report.

Sure. (Checks.) OK.

Did JD2 say that Masterson "asked me to go into the room."

I documented that he told her to, in my report.

The specific words that a witness, and an alleged victim use, are real important, right? (Obj, overruled)

Sure.

And your report should accurately reflect the specific words that a victim uses, correct?

Yes.

Your report indicates that he...

Told

That he told her, directed her.

Yes.

Do you know what she actually said in the interview?

I don't.

Would it help to refresh your recollection by looking at the transcript?

Yes. (Checks) OK.

Did JD2 say to you and Mueller that "he asked me to go in his room."

That's correct, she used the word "asked" and I got it wrong in my report.

And she indicated she went into his room?

Correct.

Did she indicate that once in the room and on the bed and fooling around that she was getting into it with him?

Yes.

Did JD2 tell you that after her interaction with Masterson she then waited three or four days for him to call her?

I don't recall that.

You don't remember her mentioning that?

No.

Do you recall that she then reached out to Masterson?

I don't.

Let me ask you about JD3. With her you have reviewed the transcript of the interview.

Yes, but I can't promise that my recall will be better.

Not asking you to promise anything. If you need to look at the report just let me know. Do you recall her saying that she had told you everything, do you recall that?

I don't recall those specific words. I have my report, not the transcript.

If that would refresh your recollection, please check it and let me know.

(He checks his report.) OK. It's not documented in the report.

Might it help your recollection to look at the actual transcript of the interview?

Sure. (Checks) OK.

Did JD3 say towards the end that she had told you everything.

She said "I think I told you everything."

It was actually "I think, I think that's.. I told you everything."

That's verbatim, yes.

JD3 mentioned about this post-Paris incident, do you recall that?

I don't.

You recall her talking about a trip, and she got home from Paris, and Masterson wanted to have sex.

Vaguely.

Do you recall that she was specifically asked, if she and Masterson had sex when she returned from Paris.

I don't remember.

Would it help to refresh your recollection whether she was asked that question and what answer she gave if I gave you this transcript?

Yes. (Checks) OK.

Do you recall JD3 being specifically asked whether on return from Paris, Masterson had sex with her.

Yes.

And she answered.

Yes.

What did she answer

She was tired, she didn't want to. He was forceful. He spit on her, he pulled her hair

What was her answer on whether he had sex with her?

I don't recall if sexual intercourse occurred after that violence.

(Shows him document) So as to the return from Paris, she was asked did he have sex with you, and she said.

He did not, not that night.

The transcript was 70 pages or so?

I'm not sure.

Did you recall that the first 62-64 pages were talking about what was referred to as the "incident." (Obj, sustained) Do you recall the word "incident" being used. (Obj, sustained). Do you recall JD3 talking to you about some interaction between her and Masterson in the year leading up to the rape? Do you recall her making a statement to you about an incident that occurred in the year leading up to the rape?

I can't remember.

When did you review the transcript?

Last night, actually. But recovering from Covid twice has affected my memory.

You told me that after I walked up to you! (Smiling. Vargas laughs. Shows him a transcript.) My question is, does this refresh your memory about her referring to an incident in the year leading up to the rape.

OK.

Does that help you recollect? The rape that JD3 is referring to is the December 2001 unconscious sodomy, correct?

Yes.

What she says is that she has a recollection in the year leading up to that? (Obj, sustained) Do you recall JD3 in talking about the incident in the year leading up to the rape, "I can't give you much about that night, because I don't fully remember."

Yeah, I'm a little confused which incident you're referring to.

Would it help to look at your report?

Maybe go straight to the transcript?

OK. (Gives him the transcript.) OK.

Does that help refresh your recollection as to what incident she is referring to?

Yes.

In looking at those pages, pages 66-67-68, does it help refresh your recollection that any discussion of this other incident, not the dec 2001 sodomy, really came up at the end of the interview with Mueller? (Obj, overruled)

Yes it does appear that it came at the end.

When JD3 references something occurring prior to "the incident," the incident she's referring to is the Dec 2001 sodomy. When she refers to "the rape," she's referring to the Dec 2001 sodomy. (Obj, rephrase.) JD3 used the word rape throughout the interview.

Yes.

When she said that she referred to the Dec 2001 sodomy. (Obj. Judge Olmedo calls for a sidebar. Cohen: Your honor, I'm done. He seems to mean that he's going to move on.)

When she's referring to a prior incident, she's referring to the allegation in this case, correct?

My understanding is that she's referring to the incident leading up to the unconscious assault.

And the incident leading up to it is the charged incident in this case?

Correct.

So when she says I can't give you much about that night because i don't fully remember, she's referring to the charged incident, right?

I don't know because it's a bit of blur between the two incidents.

Cohen begins again, Mueller objects, Judge Olmedo sustains, but then she tells the jury that she's letting them go for the weekend.

She tells them they're coming back on Tuesday and to keep away from any information in this case, and to come back at Tuesday at 1:30.

With jury out, she explains to Cohen why she sustained the last objection. She talks about dealing on Monday with the issue of whether the tape of the interview will be introduced as evidence. Some motions will be dealt with, and jury instructions. Court will begin at 10 am on Monday, and with no jury present, they can all dress business casual. Have a good weekend.

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