Late afternoon session, Day 15 (Day 11 of testimony) Danny Masterson retrial
Continuing direct examination of Det Esther Myape (Reyes)
Mueller: With the two video clips we saw, these were all portions during the interview.
Yes.
When JD3 first came to that, what was her demeanor.
Like she looked in the video. She wasn't made up. I know she had two young children, so she was a little late. She appeared nervous and seemed a little anxious because she felt that she was being watched by members of the church. (Obj, overruled).
That's what she expressed to you?
Yes.
Did she express other concerns?
She reported late, many years after the fact, to law enforcement because when she was with the church she reported and they told her it was her fault and she could not go to to the police. So she took a long time to report because of that, and when you go against someone in the church they label you a hostile person, I can't remember the term right now, and it gives other members of that church to harm you, injure you, take away property -- she's "fair game."
This is what she told you.
Yes.
Did she tell you when it was she reported to the church?
I believe it was in 2001, shortly after the incident.
Which incident?
The sexual assault where she woke up and was sodomized.
The Dec 2001 incident.
Yes.
In your investigation, did you conduct an interview of Jane Doe 1?
Yes.
Do you recall when that was?
That was in 2017.
Where?
At her home. With Det Viegas.
When you interviewed JD1, did she talk to you about an incident that occurred with Mr. Masterson in 2002?
Yes. She told me that she was with him and she woke up to him having sex with her.
OK. Did she tell you that before that she had been out with him at a bar called the Vista?
Yes.
Having drinks there?
Yes.
How much?
I don't recall. I'd have to look at my report.
(She sends the jury out.)
Judge Olmedo is not happy with the way Mueller is bringing in prior consistent statements: "We're not going to do this like we did the first trial where you go line by line and it takes you days to do it. Ask her what she says, if she leaves something out you can go back over it. I'm ordering you not to go sentence by sentence. Buzz our jury let's bring them in."
What did JD1 tell you with regard to the alcohol she had?
She said she drank the alcohol and then woke up to he was having sex with her?
What did she tell you about him having sex.
Just that she woke up to him having sex with her vaginally.
Did she tell you whether he was trying to have sex with her any other way.
Do you have a copy? Yes in my briefcase.
(Judge: You can show her your copy. She describes him trying to have anal sex with her.)
Did she also tell you about an incident in April 2003?
Yes.
Where?
Masterson's home on Hollymont drive.
Did she tell you how they got there.
Yes, they were at a restaurant called the Electric Lotus with friends, then listened to a dj, then ended up back at Masterson's home. She was outside smoking and talking with a couple of other people. Masterson comes out, hands her a drink.
What did she tell you the reason she went there?
She was staying at a friends house and needed keys to get in.
(We have a DVD and transcript.)
Judge Olmedo says we'll break for the day before playing the DVD, which we will play tomorrow.
OK, so gathering up what we think we learned earlier today.
The Church of Scientology on April 23 wrote a letter to Chief Moore of the LAPD complaining about the testimony of detectives in the first trial.
Then on May 2 Scientology attorney Vicki Podberesky wrote an email to the DA’s office, apparently trying to complain to bosses of the deputy DAs in this case, Mueller and Anson.
However, that email contained a hyperlink to a share file with 12 folders that contained much of the redacted discovery that the prosecution had turned over to the Masterson defense team some time earlier. This was not sealed material, but it was only intended for the prosecution and defense teams in the criminal case. “It's extremely troubling that all of our redacted discovery we turned over to the defense is now in the hands of Scientology,” Deputy DA Mueller said this morning.
Judge Olmedo and the deputy DAs discussed holding post-trial evidentiary hearing to determine how those materials got to Scientology, and issuing subpoenas to Masterson’s lawyers was raised by the judge.
Who leaked the material? Defense attorney Philip Cohen denied that he was the source.
We’re trying to get our hands on that Podberesky email which apparently accuses the DA’s office of sandbagging during the first trial, and eliciting testimony about harassment that the LAPD and DA knows is not going on. Deputy Da Mueller denied that that was going on, saying that he checked with Det Vargas and knows of no investigation that proved the claims of harassment were false.
One question we would like get answered is, did Podberesky know that her email contained a link to the evidence showing that Scientology had obtained the discovery in a serious criminal case?
We’ll keep pushing for more answers.
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Oh man they never cease to surprise 😂
If Podberesky didn't know she was forwarding all those files, she wouldn't be the first to make that kind of goof. However, whether she knew about it or not, she's not likely to continue as a lawyer for a cult she'd should be happy to walk away from. On the other hand, it's also possible she's working on her Confusion formula.