Danny Masterson sentencing hearing begins with victim impact statements

Sartorial splendor alert: Meghann Cuniff tweeted that defense attorney Philip Cohen “is taking it low-key today with a grey suit and purple-ish tie.”

From our other sources in the totally packed courtroom…

Masterson’s family is filing in now… Bijou Phillips is wearing sunglasses.

Leah Remini comes in with Jane Doe 1 and Jane Doe 3. No sign yet of Jane Doe 2. We have heard that Jane Doe 2’s statement may be read by a prosecutor.

Masterson arrives in street clothes and a beard. (He was probably allowed to change after being brought to the courthouse.)

“Good morning, your honor,” he says to Judge Olmedo.

All counsel present plus additional counsel. For the defense: Ben Coleman along with Philip Cohen and Shawn Holley. Also, Kate Mangels.

The DDAs again are Reinhold Mueller and Ariel Anson for the prosecution.

Judge Olmedo says they will deal with a motion to compel first, addressing civil attorneys for the Jane Does (from their civil lawsuit), who are asking for copies of the discovery that was leaked to Scientology. They had reached out to the parties and had not received a response.

Mueller explains that they are largely police reports so they would have to go to the LAPD. Also, if further investigation is going on, they would not normally turn those documents over.

Judge Olmedo points out that the index to the documents is attached to her order, and that isn’t sufficient? No, she’s told by the civil attorneys.

Judge Olmedo orders a meet and confer to take place within 30 days to work this out.

She turns to the defense’s motion for a new trial, which was filed on Sept 5, and the People responded on Sept 6.

Ben Coleman goes first, saying that the People’s response didn’t really address the case law in their motion. His second argument was about the statute of limitations.

Reinhold Mueller answered for the prosecution that this is not a motion for a new trial it is a request for court to dismiss charges. So here we are again and defense is again requesting that this court dismiss the charges essentially based on same arguments with regard to statute of limitations.

Mueller again goes over the law they are charging under. So we ask this motion to dismiss charges be denied.

Olmedo points out the problems with the case law that the defense cited, that it was really a different kind of case.

(Our correspondent notices that Bijou appears to be crying, leaning on the person next to her.)

Olmedo denies the motion. Victim impact statements next.

DDA Ariel Anson reads Jane Doe 3’s statement to court.

Dear honorable Judge Olmedo before I begin I want to thank you from bottom of my heart for allowing me freedom to use my voice today. You will never know how much this means to me. I hope helps me and my family. thank you your honor.

I understand for many difficult to believe anyone would stay in relationship like one I was in with Danny Masterson that difficulty at forefront of my mind when I spoke to detectives and prosecutors and at forefront of mind as I stand here today.

How can I tell anyone I got myself into situation where I was regularly mentally and emotionally abused and raped repeatedly.

That’s partly why I focused on the one rape I reported to Scientology. I answered every question asked by detectives to best of my ability.

One question I wish I had been asked but never was – that question I needed someone to ask me was why did you [unclear] for DA in roommate’s bedroom day after he came to house party. The reason and he knows that reason. He always has.

I know reason why I ignored my intuition and force dmsyself to what he did to me not as it actually was.

He was charming, so charming – he convinced my roommates that what he’d one to me the night before, after he left, while waiting 2 hours while I hid. My roommates told me how sweet is he, how romantic he waited for you over two hours. Give him a chance, apologize to him. And so I abandoned intuition and did just that.

When he called me, I apologized and accepted a date. 2 weeks later I moved in with him. The very act that made me fear him… the thing I forced myself to view not as it was. I saw it as one who loved me. Someone I trusted, I loved back. I entered the relationship as an 18 year old girl with little life experience. Naïve and trusting.

I entered that relationship with friends, family, and dreams. Within short period I stripped of every friend I knew, dreams, because I trusted him.

I believed him when he called me stupid, untalented trash. I believed him, but never stopped trying to make him proud of me.

When he kind to me it gave me hope, promise, maybe if I can just endure what I cannot forgive now maybe he can return to person he showed me at begin of relationship.

I know now that was his game, the cycle of abuse.

He hurt me, he’d ignore me.

I’d grovel at his feet and apologize for what he did to me. Then he’d show kindness.

Early in relationship he’d ask me about traumatic things that happened to me, he wanted all the details. In Scientology it’s called finding a person’s ruin.

He wanted to know anything and everything that ever ruined me.

Later once I got good – he’d reenact those traumatic experiences on me.

Viewing my body as crime scene my entire life. Never able to call out for help out of fear and shame…

The way I see me – broken, deformed.

When you’re raped it’s not your surface, it changes you on cellular level.

I still don’t have words to describe what rape does to you.

I suffered insomnia, often stay awake for 24 hour periods, I hate the dark.

I cannot sit next to anyone not even my husband.

My sweet husband, I don’t know what did to deserve such a good and patient man.

Never ever made me think harm me in anyway.

Yet I cannot sleep in bed next to him.

I harm myself in sleep, regularly wake up with bruises and scars.

In 2017 I punched a hole in wall behind my bed during sleep.

In 2016 after finding out I was not the only victim, I went to ER thinking I was dying. Panic attacks. Doc said worst panic attack ever seen.

I told doc I could not take psychiatry medication because Scientology told me psych meds root of all evil. He said you have to take it.

I took it and 20 minutes later, I could breathe. I wasn’t dying, I’d had first panic attack.

After reporting Masterson to Law Enforcement – me and family started being fair gamed by Scientology just as they’d threaten they would. Diagnosed with PTSD, anxiety, panic disorder. Not diagnosed with agoraphobia but I can count on hands number of times I’ve left home in years. Blinding migraines, auras. Severe pain, body/nerves on fire.

This and so much more – is the life sentence DM and Scientology have given me.

(Bijou now is crouched down sort on on lap of woman to her left. not sure who she is.. friend I guess? Sunglasses still on.)

=============== JANE DOE 2 =================

Thank you your honor... I’m deeply appreciative.

I struggled in writing this for a lot of reasons. Mainly ... loathe to, didn’t want to have this public account of my private and abject pain... be mistaken with .. my rapist or lying defense thinks of reels about me because I don’t. I say all of this for myself for my family for my dearest friends, my sister survivors, (gestures to other women)

And all of Danny’s vicitms who were not heard and for any rape victim who finds some kinship, no one is alone.

Danny, they say you were convicted. My mom came over to take my houseto dinner in town where I lived for 2 decades.

It has felt dangerous to me, a part of town you and your army hold as part of your territory.

As we ate our food, I began to feel lighter, started to feel soft.

I told mom, something has shifted. Something falling away…. Like air from a tire. That old bad feeling.. jagged stone fear and shame lodged in my chest, turned on axis to me, that snagged at my life force.

And now all at once this stone leaving me. I didn’t entirely understand it at the time, that stone was you, Danny.

Now just to walk around town freely in town I lived in for years without lingering anxiety of seeing you or your minions… I don’t have to carry your shame around me anymore, now you have to carry it. You have to sit in a cell and hold it. It was always your shame and now you will come to see how it is.

Without it – I might have possibility of feeling…. Feeling is not simple… lasting effects of rape are pernicious.

Do not confuse it even though it was so long ago, what you did to me emotionally, mentally and physically me in this.

I still have to contend with what you did to me in ways take life of therapy to repair. Every time I think I’m OK, that rape comes bck to me – actual physical pain that says you’re not done with me yet.

Still 13 years I resigned.. denying.. blamed myself, or try to forget it and move on. Always sure that seeking justice… dire consequences… by society and also by your enabler.

Scientology, who knew you had been raping its members… not only mad… not only to punish you… more victims made by you. *****

In 2016, a year before Me Too movement.. a decade after being out of cult, I found out for first time other victims of yours – never occurred to me. I was horrified, enraged and I could not let it go. I could not … knowing danger other women were in. …

In my heart I had no choice but to come forward.

And because of already having been threated .. Scientology strict policies. and being shown their policies ruinous punishment on defectors who speak out against its prized members. I decided to report to law enforcement anyway, with understanding my life could be demolished again for doing so.

And like clockwork, I was terrorized, harassed and had privacy invaded daily by cult of Scientology for almost 7 years now.

When you raped me, you stole from me. That is effect of spirit, you disfigured my life, stole my self worth, less capacity for joy, you’ve made very part of me turn on myself.

For so many years – rape deformed my ability to trust others… now life in .. hatred, prison, ahsame and fear you forced on me that night.

Someone in my community I knew.. my close friends vouched for. This stolen trust part is the most… now my internal gage was broken.

Whatever condition before, you broke it completely.

Think of trust like gas tank light, mine didn’t work at all now.

When you raped me you stole my ability to create any abilility any stability in my life.

Such denial to survive it I couldn’t understand what wrong with me.

My promising acting career had been ascending, nose dived within months of rape. Never recorded and ended.

My life became cut with invisible tension that made no sense to anyone around me. No one and nowhere felt safe.

In hurting me this way, you also hurt people who love me.

(choking up)

Your heinous attack on me through my body so stealthily hijacking my life building.. I have severe PTSD, reoccurring panic attacks and waves of debilitating depression.

It’s true I had anxiety before… but after you raped me I stopped living and in full blown survival mode 24/7

It’s worth noting you never took my integrity. No one could.

Here me or don’t you did this to me and all of your victims intentionally, you wanted my light. You steal women’s radiance, you treated us like less than trash but deep down you coveted most beautiful things in us you could have yourself. That is why you truy to destroy women’s lives…

Your affliction is intesting.. your emptiness and cowardice will be your true legacy. ***

I have severe fibromyalgia flares up whenever pleases. For years muscles turn on fire, days, weeks, onths at a time. One year pain so intesnse I could not walk for a year.

Since rape, my intimacy with me was often riddled with issues and actual acute stabbing pain that can suddenly reappear by that night by you. this is a common issue for rape and sexual assault survivors. Psychosomatic …

That is what you wanted pounding away like I was sub human.

It only makes perfect sense that you named yourself DJ donekey punch that means…

You relish in hurting women.

It is your addivtion, your favoirte thing to do.

You lived ilife behind mask, 2 people. Real women sits here now

You are pathetic, disturbed and extremely viuolent and world is safer with you in prison.

I see you as human Danny, just missing the compassion or any decency. I’d never want you to be raped or attacked where you’re heading now. I wouldn’t wish rape on worst enemy.

I only wish that you see yourself with searing clarity .. all your actions with unassailable deafening truth for as long as it takes.

I close now to say I have not in any way ruined your life, not did I put you in prison. None of incredibly brave beautiful strong women you raped who testrified put you in prisnl

You all by yourself made the craven abominable choices that put you squarely in this seat.

Never dawned on you…

For so long, no consequences, you thought the law didn’t apply to you, also karma.

You moved in smugness and spite while spirit of light washes you.

You live and breathed without humility or tenderness and without gift of life God gave us all.

Life precious… earn something. Read books, listen to brightness of nothing.

And get well.

I forgive you. Your sickness is no longer my burden to bear.

=============== JANE DOE 1 ===========================

She’s wearing black suit, pulls down mask, standing at podium, deep breaths… looks around courtroom… deep breaths.

Long pause…. sniffles.. tissues.

Morning your honor.

Thank you for giving us this time today.

For 20 years.. I was raped 20 years ago on my father’s 55th bday, 4/25/2003. I loved my father very much and I still recall last time I spoke to him and what he said. It was august 13th, 2010, my bday. And he called to wish me happy bday. Last thing I love you. he passed away that weekend?

Also recall last time I heard from my mother and her last words to me were.

It was 2/2020, she texted me and told me to never contact her again.

She warned me ahead of time she wanted DM brought to justice for raping me, but not at expense of her religion – Scientology.

Explained clearly in text, she was would happily cooperate and testify in court but Scientology was not to be dragged into it. Firm rules and I had to choose.

To my knowledge, my mom is still alive, but not in my life.

Because the defendant raped me and I reported him to police, that strictly forbidden in Scientology. It is a high crime and last 7 years after case reopened… I fully cooperated in the investiation of the multiple rapes and victims ultimately charged and convicted.

I have letter of my mothers, she wrote to leader David Miscavige and demanded justice for me. Even if it was just the Scientology version of it. A different version of justice, I sometimes read what she wrote back then while I was still in good graces of Scientology.

Back when I mattered, she loved me I think. She seemed to care what happened to her daughter. I read it sometimes on Mothers Day to remember what felt to have a mom.

I didn’t choose to be born in to Scientology and their rules, just as I didn’t choose to be raped by Danny Masterson.

I am acquainted with the defendant, Mr. Masterson, through the church. We were both members of – Scentology. I was born into it, we are both commonly reffered to as second-generation Scientologist. Our families knew each other, BBQs, mutual friends. Many of whom I had to walk by in the hall, just not today, every day arraignment, trial.

I’m not going to speak to their behavior, I understand the code in Scientology. This celebrity as he was – in that religion – We both went to Sci schools.

4/24/2003 – I worked half a day, picked daughter up from school.. packed bag and went to Brie’s house – she was DMs assistant. I got to Brie’s house around 5pm.. Some time after midnight .. 4/25 I would end up being raped by her boss.

After being drugged and raped and walking up, I got dressed, I still don’t recall whatt, Mr. Cohen, one thing you did not ask me – I never did find my underwear, I know bc when I got home I didn’t have any on.

I remember being upset and embarrassed that my underwear somewhere at Danny’s house.

I remember getting downstairs, exit to patio – I saw Luke Watson, Danny’s best friend. Luke ordered me to report straight to Sci Celebrity Center – Susan – president of CC and Luke’s mom.

Luke told me Danny had already been to CC that morning. They were expecting me.

Luke wouldn’t help me. Just repeated command – go to CC.

I did not comply, went to Brie’s and then parent’s house. My home, safe there. parents, I would’ve been home hours before.

I remember getting home sometime afternoon on 4/24 – big family trip to Florida.

I was in a daze, stared into space for long time. My mom in a frenzy, people coming in and out of house, I just stared into space. I managed to get to airport with family that night and make our flight. Painful 9 hours .. my hair still smelled of vomit and smell of vomit an remind me that day. I guess he not thorough when he showered me.

Yes, that was her bathing suit… that defense blew up and paraded in front of the jury – look at this girl with a drink in her hand – clearly she wanted it, clearly she wasn’t raped – that girl was wearing her mom’s borrowed suit, drinking iced coffee and wondering how she gonna tell family she raped by fellow Scientologist.

Church that claims its people most ethical on planet.

Back home, I reported rape to Scientology just as I was trained to do.

I reported to Julian. Very intimidating, tall… walks around with stick in hand.

This man who decided what I could write or not write – and made it very clear that Danny was untouchable, and don’t say rape.

This man had power in Scientology to expel me, excommunicate me. He made my life hell from that day on, Danny was celebrity so heavily protected by Scientology.

I spent year following policies of Sci….. a year later and tens of thousand dollars later for dozens of hours of interrogations by Scientology…..

Then one day May 2004… I was told about a girl named Lilly. It shook me to my core. I had to say her name. Because that’s what I was told… decided to take step to destroy my life. I knew Danny wouldn’t stop, couldn’t stop. So I reported my rape to LAPD in June of 2004. But before that a meeting I was to attend with my rapist.

As Danny demanded in April 2004, I was forced by Scientology executives to sit across from him at a conference table where he claimed he’s apologize and promise to never repeat on any other women…

I agreed in possibility of redemption and I agreed to speak.

Danny and his friend Luke W turned meeting into a mockery, laughed and joked…. Callous…

What makes even more distressing… no actions. Not just to me. But to so many

He’s not shown ounce of remorse. And the pain caused me, instead he chose to laugh at my suffering….

I saw… when Jane speaking, I looked over, I knew her pain and I knew that who she was looking at her. (She’s looking at other Jane Does in gallery)

Behind bars for safety of all women.

This why I’m so upset. I spent a year doing what I did and ???? so it’s very painful but I think necessary. I wish I’d reported him sooner to police. (crying)

Isolated from those who could rotect from him, now so easily say never saw behavior of def. of course many say they never saw him rape anyone. That’s not how SA works… they said publicly hoped he’d be found innocent.

I read that and my own daughers can read that too.

I have 3 daughtres, I wonder if DM’s co-star had my daughter 9 year old daugher’s nam eon a NDA – and that it forbid her from disclosing any info about rape.. requires her not to disclose.. the reason she knew ….. DM rarranged for classmate of my daughter to tell her, shame her, tell her mommy a liar, danny didn’t rape her. ****

Mommy, what is rape? She was 9 years old.****

I mention that in my letter to IJC.

In sept 2004, danny had atty Martin Singer threaten me with what daughter might read about me in checkout line at grocery store if I violated NDA.

How do I know it was Danny who told

He came to meeting and he said admitted what he

Church had to put money in name to help with upset… he smiled and said he bought boy’s box of fundraiser candy in exchange for that message to bew delievered ot my child. Eh said over the top.

Singer let me know I in serious breach of NDA.. 20 years aogo. NDA explicitly stated it had to do with rape and assault.

Not just an NDA – all the steps I must take if LE ever came sniffing around.. or if intended to initiate new contact. I’m here to say – I did not govern myself accordingly, I went to law enfoercement. I did not notify you. I have no regrets. *****

About that NDA – same many who had my daughter’s 9 year old’s name – didn’t use his own name – an alias – David Duncan --- **** true coward and monster. **

During trial, had friends pack court hallways, etc . intimidate me.

A south African man who assaulted me as teen… he came to court despite my protest. He did what he could

Def’s sister in bathroom when I had my panic attack on stand I ran to bathroom with my DA advocate Rosario…..

I screamed into corner of bathroom, I can’t breathe, I can’t breathe, I can’t do this. I started splashing mater on face, I see door opens and…. And I recognize girl smiling at me, rosario looked at her and said we hace to leave – bc didn’t have space or grace to give me that space.

I don’t know if this a game to them, but this a real court. Not a celebrity center.

**** First years after rape, so dark. I lost everything I knew. I lost my religion. I lost ability to be in contact with almost I had ever known in life. Bc I was deemed enemy….

Having been declared by Sci for reporting the rape.

One concession, able to remain in contact with my parents bc of millions they donated to Scientology.

*****Ugly truth is I didn’t want to life. And it seemed the world I knew didn’t want me to live.

I remember crying myself to sleep and wishing I would not wake up.

Too much concern for parents and daughter, or I would have done it I think.

Only to wake up hours later, disappointed. Thought it would solve problems for everyone, daughter could have friends at school again. ****

I overcame that.

*** I carry other scars, may not ever get over them.

I have extreme fear of dark, social handicap…. Need a night light…

If husband actually rolls over and touches me.

***** He knows I sometimes hide in the closet. ****** he has to repeat, it’s me, it’s me. ***

The truth, sometimes hidden efx of forcible rapes.

This not weekly/monthly occurrences, but too many… in many years.

I have another issue, I can get so disoriented, that I urinate in corner of room, I can’t shower in peace… shower is place.. husband knows better than to ever come into shower, so frequently he draws me baths… so resemblance to that night.

I wish I could shower with my husband, I have panic attacks, can’t seem to get air.

Husband knows to get cold on my face… if not already too extreme.

I screamed out windows of bedroom in tears – I’m not OK, I’m not OK.. .sobbing, I don’t know what neighbors think.

Some meds… if I get ahead of it.

Service dog.

I have trust issues so extreme, posed challenged in this investigation.

One call with DDA Mueller I forever ashamed for not trusting thin. He truly one of most honorable men…

I have a list…

We.. shattered in a billion pieces. ****

I would like to thank… people who made this possible. I won’t be able…. I want to say thank you to Leah Remini for full support and giving me safe passage in the halls. So much more I can’t say…

I hope our advocates who work in courts can get more support and resources bc it can be harrowing.

I had quit in 2016, I’d given up hope. Then Chrissie Bixler tweeted.. and we spoke and she got me back in the fight . bc there was another one, I’d only heard of her. My mom wrote about her

In 2004 I had copy of that report. ****

So if anyone dares to say anything about what she shared – I had copy of it I’ll give out to anyone…– my mom talks about Brie laughing at her being sodomized by him while passed out.

Sorry, Leah not behind this.

In closing decided not to share my mom’s letter… I wish I could… ????

All say about it is…

On sentencing.. one thing – loss of my family, our lives destroyed, lives, but something I think is really telling .. as to the sentence he should face.

**** This report written by Daniel Masterson signed, dated 12/9/2003 – after he describes what he did to me that night… he complained ??? condoms becoming dry… and wrote – the rape I’m being accused of is a felony in CA, punishable to life in prison.

Ruth (her mom) claiming in this report that I committed felony.

Def has been convicted by jury of his peers.

I agree with him… life is appropriate sentence.

Thank you.

Judge Olmedo: OK, let’s talk about sentencing positions and restitution.

Regarding concurrent vs consecutive terms… I will note difference in statute 667.61 the wording of statute diff from 2003 version vs later versions… where consec sentences directly mandated later versions… not mentioned..

Mueller: lots of cases defense cites they argue court has discretion… citing cases.. there is distinction based upon what offense is… in Rodriguez, they were dealing with 288a… and Simmons…

Shawn Holley – we still think it’s at discretion of the court.

Judge Olmedo– before we move to allocution if he wishes to do that – either side with to e heard further on sentence other than what you put in papers? so at this point moving into allocution and sentence?

============

Shawn Holley – I would like to be heard.

Good morning. For obvious reasons, sentencing is the most hard … life of criminal defense lawyer have had a good night’s sleep since verdicts reached.

This is not about me or Cohen.

Today is about Danny Masterson ***** (looks at Leah – I think Leah must have snorted or said something?)

I also know today is also about the Jane Does and their friends. And I mean no disrespect. (she turns to face the women when she said this)

We represent DM, and it is his life that will be most signif impacted by you today.

And his 9 year old daughter… and to he means the world. The lives of his wife bijou, mother carol, siblings, chris, Jordan, Alan, family friends and to boil it down to court has discretion to sentence to 15 years concurrent or consecutive.

Only 2 options… 15 to life or 30 to life.

Of 2 options for all reasons set forth in our brief, 15 to life is fair and justice and serves interest of justice.

Prior to incidents which he convicted, danny had no criminal history at all, no arrests. To congtrafy he began liinb a productive and positive life, tv at young age and continued in TV until charges brought. Charges caused him to lose jobs in TV, noved out of Holywood, bought a farm, nmade a living at his famr and vineyeard.

Danny always worked, always been productive…

Not only monetarily but by supporting..

Chris, Jordan and Alana all wrote how DM in many ways became a ftather to htem after divorce and carol worked.

Alana said he’d sit front row at ballet recitals…. And let her live with him in college.

Jordan/Chris similar accounts of ways he helped them growing up.

We find extraordinary donduc t in past 20 years… since 2003 lived exemplary life.. we provided about 50 letters, some first responders to 9/11, law enforcement?

Way he opens heart, home to people in need. Sound advice, guicdance.

He worked tireslessly to raise money for first responders 9/11….

Dozens of letters… one written in 2008 long before…

Letters from people who work in TV, his mentorship, how he discouraged them from using drugs.

How he treated everyone on set, decency and generosity.

His friends tell stories DM there for them in darkest hours.

One said he traveled to NY when grandson born critically ill.

Extraordinary stories of an exemplary life. *****

Probation officer noted pg 11 – all letters provide insight into def’s good character, charity work and love for his family and friends.

To extent court considers rehabilitation one of goals of sentencing, rehabilitation has already occurred.

Worth noting he 27 years old when acts occurred. He’s now 47 years old.

If discretion – 15 years – be approximately 62 years old.

Recidivism.

When law changed to mandatory consecutive sentencing.. we looked at history.

Our brief cites to… recidivism rates… 55 or older recidivism rate only 2%.

If you sentence him to 15 to life, he probably 62 when released.

Our brief sets forth facts uou should consider for concurrent over consecutive sentence.

Deterrence and recidivism… sentencing brief.

I want to talk about punishment.

I will not minimize the conduct for which he now onvicted or painful experiences of the jane does or the ways they ‘ve been harmed by what happened in 2003. Although I disagree with jury verdict, I respect.

50-ish letters show for most part he lived extraordinary life. Brother, husband, father, coworkers, he’s used his ifluence for good. Producgtive and hard-working life.

Helped others find jobs, leading them to health care.

Missed some.

If ….. Mr. Masterson will likely die in prison.

I have credo I follow… that credo has to follow the fairness. My experience… case law, statutes, rules, that’s what all about, advancing a measure of standard/fairness.

So we are asking your honor to simply be fair – to follow in fairness for Mr. Masterson.

Asking you to exercise discretion and sentence him to 15 years to life.

PHILIP COHEN –

We got probation report yesterday. one factual objection.

CO – let’s take brief recess.

Masterson will have chance for allocution to speak if he wants to.

SH – he will not be speaking… says something about probation report.

The sentence when they get back..

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