DEFENSE SAYS WHERE ARE THE BRUISES?: Danny Masterson trial day 7 afternoon break
[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. We are reporting live from an ongoing trial and we do not have time to make such corrections.]
Early afternoon session.
We have to start out with a confession: We don't normaly do celebrity news. We've been trying to give you an idea of who's in the Masterson box, and for two days now Marjorie Hernandez with the New York Post has been telling us that one of the family members is Mackenzie Phillips, and we didn't think so.
But today, we finally pulled the scales off our eyes. Yes, Mackenzie Phillips is in the family box. Marjorie, you were right!
Continuing cross-examination of Jane Doe 1
Cohen: Other than any attorney you have, did you speak to anyone over the break about this case?
My husband and my Marcy's law constitutional rights advocate.
Did you talk to your husband about your testimony?
I said something to him.
Did you say what you may say this afternoon?
Did you talk about your recollections about this case?
Did you ever tell Officer Schlegel that Masterson has stuck his fingers down your throat to get you to vomit?
I believe so.
When you say that, would it help to refresh your recollection?
Because I know he did it. I don't need to see what he wrote.
That wasn't my question. My question was, did you tell Off Schlegel.
Judge Olmedo asks for last question read back.
Cohen: When you reported to Off Schlegel (June 6, 2004), did you tell him that Masterson had stuck his fingers down your throat.
I believe so.
So when you say you believe so...
I believe I told him that.
Would it help to refresh his recollection that you made that specific indication to him?
(Shows the document.)
This confirms to me that I did tell him.
When you say that, are you referring to you vomiting?
Did you tell Off Schlegel that Masterson told JD1 to go ahead and vomit?
That report says that I did.
Did you then tell Off Schlegel that Masterson held your waist while you vomited?
I believe I said that.
Did you tel Off Schlegel that you had vomited on yourself and your hair?
I believe I said that.
Is it your recollection that during this description to Off Schlegel that you told him that Masterson stuck his fingers down your throat?
I believe that I told him that.
Do you believe that you told another LAPD officer the same thing?
I believe I would have said that.
Do you remember what you told Schlegel with respect to you going in and out of consciousness in the Masterson bedroom?
Olmedo calls for a sidebar.
Cohen: You had gone unconscious in this room seven times.
As I sat here I counted seven times in my head.
When you spoke to Off Schlegel, did you tell him that you had gone unconscious seven times.
I don't recall what I told him as far as that.
I assume you would have told Off Schlegel and any other officer about going unconscious in Masterson's room.
It was my initial interview and he said it was his first interview and he wasn't sure what to ask. I did the best I could telling him what happened.
Do you remember Off Schlegel tell me what happened.
I remember telling him what I wanted to tell him and he didn't understand me.
You talked to another detecdtive a couple of days later.
I did, I guess. I do remember a phone call following up on my conversation with Schlegel.
So the detective called after the conversation with Schlegel. (DEt Myers), to clarify what you have told Schlegel. (Obj. The court has already ruled on this detective...)
Is it your position that you told Schlegel that you went unconscious five, six svent times.
I don't know.
You told him everything you remembered in that room.
(Asked and answered.)
Another thing that happened in that room was Masterson taking out a gun.
In that room April 25, yes.
Fair to say that was an incredibly horrifying moment?
This guy's on top of you, the pressure on you. He then reaches into a drawer and pulls out a handgun and holds it up at about his eye line.
Was the gun held at his eye line?
You saw the gun?
And while you're seeing the gun, he said, shut the fuck up.
And the implication was, if you don't shut the fuck up, I'm going to shoot you with this gun. (Obj speculation, rephrase.)
Cohen: Given what's going on, the hateful face, the gun, shut the fuck up, you took it as a threat that if you didn't shut up things were going to get worse.
Did you think Masterson was going to use that gun on you?
So you thought this gun might inadvertently go off and hurt you.
Still very scary.
Something you will never forget.
When you spoke to Off Schlegel, did you tell him that Masterson had pulled out a gun?
Now you've reviewed his report?
Does he make any mention of the gun?
The other detective, Myers, you spoke to clarify some things? Did you tell her -- Obj, Cohen: THe court is goig to sustain any objection regarding Det Myers, she has alrady testified that she doesn't remember speaking to Det Myers.
Cohen: You testified about the drawer being slammed on your hand, your left hand.
It hurt so much, your left hand became useless.
Limited. I couldn't squeeze anything.
Describes the drawer being slammed on her hand. Injuring it. An injury you were concerned about.
An injury you were concerned about.
It wasn't at the top of my concerns, but yeah.
You had other injuries more concerned, like your thraot.
No. I wasn't more concerned about my throat.
Equally concerned about your throat?
Can you clarify when?
When you woke up after being choked.
Were you ever concerned about your throat?
Yes, on the plane when I saw the pink dots on my neck.
Oh you saw pink dots on your neck?
Is that something you indicated to Officer Schlegel? Pink dots on your neck?
I don't recall everything that I told him.
Those pink dots were visible to you, right? They were visible to others?
And they were not subtle. These dots could be seen, correct?
OK. Subtle? They were small dots. But they were important to me.
When you end up leaving Masterson's room, were you dressed?
I recall I was wearing some clothes and it was daylight.
You remember being naked in Masterson's closet?
And you don't remember anyone dressing you.
So some point you go from being naked to being dressed in his room.
When you are going to leave Masterson's house you see Luke Watson.
Did you ever tell Luke Watson that you had been raped?
Did you ever tell Luke Watson that you had been choked?
Did you tell Luke Watson that Masterson had pulled out a gun on you.
There's some confusion here, because he said "ever" tell him. But then he asks her if she told him those things when she was first leaving the house, and she says no.
You went to your parnts you weren't concerned about the choking.
YOu were concerned about the body you were feeling in your body in general.
You were concerned about the injury to your hand.
And you were concerned about breathing problems you'd had earlier that morning.
You had experienced breathing problems and unconsciosneess.
But you were not concerned about that?
Not at that time.
When you then get on a plane to go to Florida, does anyone mention the dots on your neck.
I don't know, the plane is still in the blurry phase.
When you were on the plane, do you recall what happened in his room.
That's when the flashes began (emotional).
The flashes are the things that were the most significant, correct?
On the plane, do you see flashes of being choked?
The hateful face?
Masterson raping you?
So, on the plane, you now realize that you've been raped by Masterson?
You realize that the two of you had some kind of intercourse?
You saw flashes of the rape on the plane, your memory is starting to come back. (Obj, overruled). You're getting some memory that you have engaged in some kind of sex.
I had flashes of something like you described.
And flashes of Masterson raping you.
And you get flashes that this intercourse from Masterson was not something you wanted to do, correct?
I don't remember a flash of something you just said.
Maybe that the flash of the rape is that Masterson had sex with you against your well.
Judge: Your question is did she have a flash memory of that?
And you have a flash memory of him being very violent with you.
The plane arrives in Florida. And then you start seeing bruises all over your body.
Not initially. It took a couple of days.
Did you tell Det Reyes than when you got to Florida you were covered in bruises everywhere.
I dont' know if thosee are the words I used, but I know what I meant. It was in Florida I saw the bruises.
When you saw the bruises had come from Masterson, correct?
I didn't want to belive that. I thought that, but I didn't want it to happen. (Emotional)
Now you had a phone call with Masterson, did you tell him what happened.
I don't know if I called him or he called me, but I said what happened?
Did you tell Reyes, you called him.
I assume that's what I told her.
And you called Masterson and said what happened, according to Reyes.
And you asked him that because you didn't know what happened?
You indicated, Masterson said, I take it you don't remember.
Yes. (Getting emotional.)
You said no.
What did he say?
He said we had a good time. (Through tears.)
When Masterson says...
Mueller asks for a moment for JD1. Jury sent to jury room. JD1 goes out, upset.
Five minute recess.
Cohen: I want to go back to your recollection to Reyes in 2017, about the phone call with Masterson when you're in Florida. You asked him what happened. He said what do you mean. I take it you don't remember. He said we had sex.
When you make this phone call in Florida, according to what you said to Reyes, you don't know that you and Masterson had sex?
And this was after all the flashes on the plane?
When Masterson said we had sex, you said what?
That's not how I said it.
How did you say it.
You said it with the tenor that you are surprised.
Because at this phone call, yo udon't know that you had sex.
Did you believe him when you said we had sex?
Because the next thing you said, accodrding to Reyes, said no, no you're lying.
Again, not how I said it.
How did you say it?
NO! NO! YOU'RE LYING! I didn't want it to be true. I couldn't believe it happened again. (More a sound of voice that she didn't want it to be true than not believing him.)
Did you start crying with Reyes when you told her about this?
You spoke to Mueller about this interaction.
And that was tape recorded.
And you talked about the interaction we've talked about.
Did you cry when Mueller went through these things?
I cried in the interview with him multiple times. (emotional)
At the time of this phone call with Masterson, were you covered in bruises at that point?
Did you tell Reyes that during this phone call with Masterson you had told him you were covered with bruises everywhere.
I told her I told him I saw bruising.
When did you become covered with bruises everywhere?
I began being cruises covered with bruises everywhere on Saturday, sunday. On Sunday and Monday people began to question them. And I changed certain things as a result.
You said Saturday?
I started noticing on Saturday it was shiny. And I saw pink dots. I hadn't seen the ones on the hips or thighs. And the ones on my arms I didn't see on Sunday or Monday.
So the 25th was a Friday. At what point are you cvoered?
That weekend, I couoldnt'wear my bathing suit without shorts because i was covered with them.
And so by midweek you're covered with them everywhere.
Something like that. I didn't keep a diary of it.
The bruising was on your wrists, hips, thighs, and your neck?
And this bruising was visible on your neck.
A picture are then taken of you.
And you had indicated to Mr Mueller in that 2017 interview, that these pictures and the bruising you can see on these pictures, it was so graphic it shocked your parents. (Compound.)
The pictures were taken and your parents saw them.
At some time they saw them.
And they were shocked by the photos.
Some of the photos.
We saw a picture yesterday. Rachel your cousin, had seen and commented on these bruises. Did Rachel take pictures for the purpose of documenting the bruises?
Did you go to see a doctor about the bruises?
Yes. Not about bruises, I saw a doctor in California.
Did you see a doctor about the pink dots on your neck?
Did you see any doctor in Florida about potential injuries in relation to breathing?
No, I'm sorry. I saw one doctor, in California.
Do you have any medical records for any treatment of this april 2003 incident. (Obj irreleveant, sustained.)
In addition to injuries that we've mentioned, when you got to Florida, you were also suffering from diarrhea?
Pain in your anus?
Pain in anus was 10/10 on pain scale?
Bad intestinal issues?
Burned when peeing?
And for days it felt like someone had punched you in the vagina.
And you didn't see any doctor in Florida?
No, not in Florida.
I imagine that these three four five days were very difficult for you. You weren't really having a very good time.
We saw a picture yesterday, govt 16, was that the picture that shocked your parents?
[Photo of her in bikini, holding a drink]
Do you have shorts on?
No, it as nighttime. I said I wore shorts in the daytime.
Who took this?
And your pain in this picture is 10 out of 10?
Felt like someone had punched you in the vagina?
Were there other pictures taken at that time? Have you provided them?
I didn't take them, I don't have them.
He asks again, and Judge Olmedo says he's asked it.
[New photo, Defense exhibit B. Sheet with two photos]
The first photo looks like a larger uncropped edition of the previous bikini picture, the other photo is of JD1 and her cousin Rachel. Taken April 30th.
In bikini, holding drink, 11 pm.
When this picture is taken you're covered in bruises everywhere.
You are 10 out of 10 pain scale?
And all of the other intestinal and vaginal issues, correct?
Defense exhibit C. Larger version of the photos, hard to see from here.
Cohen puts it on a stand near the jury.
The picture on the bottom, is that the shocking picture?
Where is the shocking picture? (Obj, sustained)
When you went to see Off Schlegel...
Olmedo: Are you done with that exhibit?
Cohen: Oh yeah. (Goes and gets the photos.)
Cohen: June 6, 2004, when you went to see Officer Schlegel, you took with you the shocking pictures. (obj, Olmedo calls for sidebar.)
Cohen: When you went to see Off Schlegel, you wanted to take whatever visual evidence you could
What I had access to.
You brought with you the pictures that your parents had seen that had given them concern.
Not all of the pictures. I had the two from my cousin. It was a last minute decision that I was actually going to go. I only had those two. I didn't have access to the pictures taken by the others on the trip.
The pictures you brought with you to LAPD, they were the pictures we saw, Defense C?
You did not bring any other pictures.
Defense C depicts bruises everywhere on your body? (Obj, asked and answered.)
Cohen now brings up LAPD report from 2004. Do you remember what the report indicates about the photographs?
What does the LAPD report say regarding photos? (Obj, sustained)
Cohen: Is it your position that you provided those two photos to Schlegel? (Asked and answered.)
When Det Vargas got involved in this case, July 2017, did Det Vargas ever ask you to provide him with the pictures that you have? (Calls for hearsay.)
Jury out for afternoon recess.
Cohen: Says he wants to call them the shocking photos. Those are the photos everyone wants to see. I don't think they ever existed. I think it's appropriate for me to ask where are these photos? It goes to impeachment.
Olmedo: The problem is she didn't take them and she didn't have control of them, so you're trying to impeach her on someething she didn't have control of.
Cohen: Number 2, the LAPD report by Schlegel indicates there are no photos and no evidence provided. I think JD1 will say she gave photos and LAPD didn't log them.
Olmedo: Your remedy is to call Schlegel.
Cohen: I will.
He also wants to question her about giving those two photos to Vargas and she says she will allow it. Recess.
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Cohen is not coming off well here. It's obvious she is trying to be truthful. He is trying to get her to say things he can later impeach, but she's not falling for it. I do believe when she said she never said "strangle, that's a cop word," she was getting at the crux of the problem: the cops never accurately recorded anything she truly said or provided.
Why do people become defense attorneys? It is such an abusive profession. My nephew wants to be a defense attorney because “everyone deserves representation.” Sometimes I think the legally system is fatally flawed. This borders on abuse.