FIRST LAPD WITNESS ON STAND: Danny Masterson Trial, Day 11, 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.

So if you're keeping score, that's four times the defense has moved for a mistrial in the first seven days of the trial (not counting the four days for jury selection).

As for Borthwick, we have seen him hanging around the Masterson clan for days now, but he wasn't sitting in the family section, so we wondered if h was an attorney or PI.

But Judge Olmedo really didn't like the way he was behaving in the audience section. He was dressed in kind of a business casual style, and he was with a younger man in more casual dress who is wearing a mask and we don't really know what he looks like. But Borthwick was apparently speaking with him and gesturing or making faces during Jane Doe 3's testimony and Judge Olmedo called him out for it. Then later, after the jury was out and Cohen was calling for a mistrial and they were having a discussion, she stopped everything to ask him what his name was, telling him he should not be talking.

Naturally, the back row, those of us in the media section have been Googling the guy during the break and looking up his website. We all agre we've seen him hanging out with the Mastersons. But we don't immediately see anything online about him regarding them or Scientology.

Jury is back in.

A uniformed officer comes in to take the witness stand.

Alexander Schlegel.

Mueller: Could you tell us your assignment?

Detective supervisor for West LA.

How long with LAPD?

Almost 27 years.

At some point were you assigned to Hollywood station?

I was. 2002 for seven years. (Man, this guy talks fast.)

I want to ask you about June 6, 2004, roughly 10 pm. Were you on desk?

Yes.

How do you remeember?

My memory and reviewing my report.

Do you have a copy with you?

Yes.

You were working the front desk?

Correct.

What are the duties?

Mainly taking reports. In person and over the phone.

Up to that time, how often had you worked teh front desk?

Quite often. Different divisions. Maybe 100 times.

When you take a report, working the front desk, all different types?

Correct.

How many reports of rape?

Roughly half a dozen.

Did you take a report of rape at that time?

I did.

Do you recall who gave it?

[Jane Doe 1]

Do you have, is there some part of that reporting that you have an indepeneent recollection of?

Yeah. Vaguely, I guess.

And otherwise from the report.

Yes sir.

When this report came in, where did she meet you to make it?

At the front desk.

Were you working alone.

There's others.

When she came up to you, did she indicate why she was there?

Yes.

What did she tell you what she told you.

I don't remember what she told me, but I took it as a sexual assault?

Did she give you a date and time?

She said it was on her father's birthday. (Checks report, 4/25/2003)

And the time?

About three or four in the morning.

Did she indicate how she remembered?

She said it was her father's birthday.

Did she give you events that happened leading up to it.

I don't think she did. I don't think it's in my report.

I refer you to page two.

That was the day she went to the club and went to a party.

You don't have a recollection, you're reading off a report.

I am.

Did she provide you names of who those friends were?

Yes she did.

Who was that.

I would have to look at the report again.

Brie Shaffer, Luke Watson, Jimmy Debello, Jenni Weinman, Shaun Fabos, Julian Swartz.

Did she tell you who the accused was?

This defendant right here. Matterson, or I'm not sure. (looks at the rport) Daniel Masterson

Do you know him?

NO, but I konw who he is.

She also gave you a descrioption what the relationship was of all these witnesses.

She did.

And that's written down?

It is.

Did she also provide you the name Julian Swartz?

I believe so. (Checks the report.) Yes, he's WIT 6.

Did she tell you who this person is?

Again I'd have to look at the report. (Checks it.) No, she didn't. Just says victim will provide later.

Can I refresh your memory under page 2.

Oh I'm sorry, a minister at teh Church of Scientology.

Did she give you anything else about him?

He was the mediator between the victim and Mr. Masterson.

Did she tell you he was a minister where both attendeed?

Yes.

Did she tell you from this email that after this event they went up to somewhere?

This house on Holybrook. Mr. Masterson's house.

Did you mean Hollymont?

Yes.

Did she tell you if she had any drinks before going to the house.

She said she did not.

And after she got there she had a drink.

Yes. Mr. Masterson gave her a drink with vodka in it.

Did she describe what that consisted of beside vodka?

Juice. I think juice. Can I take a look again? (Looks.) Vodka and fruit punch.

Did she indicate the volume?

12 ounce.

Did she indicate after she got the drink, where she went to drink it?

By the jacuzzi?

You sure about that?

(He checks.) The kitchen and the outside yard.

Did she tell you if she was talking to others in the yard?

I think she said Mr. Masterson and others by the jacuzzi.

You don't necessarily know when she said outside yard if she meant front or back?

No.

(Refers him to page 2. Clarifies that she was with Luke Watson when she got the drink and talking outside.)

Did she say she was feeling unsual?

Yes, she said she was feeling dizzy and sick.

Judge Olmedo calls for a sidebar.

By the way, Mr. Borthwick and his friend did not come back after the break.

Another reporter shared with me that Borthwick was co-counsel with Cohen and Shawn Holley on a previous case.

Mueller: Did JD1 tell you that she had gone to the jacuzzi?

Yes sir.

And did she tell you what happen at the jacuzzi?

That Mr. Masterson pushed her in.

That's what she told you?

I believe so. (Chechs report) It says he puled her in.

Did she say how she felt?

Dizzy.

Anything else?

Nauesuous and dizzy.

Did she tell you what occured then?

That Mr. Masterson would take her upstairs and help her vomit. She vomited on herself. He took her in the shower. Then put her on the bed, she passed out.

Let me stop you. Did she tell you how it is that Mr. Masterson helped her vomit.

He said he would put his finger down her throat.

Did she tell you that she told Masterson what she wanted to do?

She wanted to go home.

Did she give you information about whether any clothes were removed in the shower?

Yes, Mr. Masterson took her clothes off.

Was she specific about which clothes?

Not that I remember. (Checks report.) Shirt, pants and undergarments.

Did she tell you anything about whether she wanted to do into the shower?

She did not. (Checks the report.) Says she didn't want to.

She told the suspect that?

Correct.

Did she tell you specifically how she got into that shower?

I just remember Mr Masterson took her into that shower. (Checks the report.) Says he pushed her into the shower.

Once in the shower did he tell her what happened?

Cleaned her up, dropped the soap, and then he pushed her down towards the soap.

Was she specific with you how he had her pick up the soap?

I think she said he pushed her down by the neck.

Did she say what he was saying to her?

He was saying pick it up. (Checks report.) Yelling it.

And she complied?

Correct.

Did she tell you what Mr. Masterson did next?

After the shower he threw her on the bed.

Did she tell you how she got onto the bed.

He picked her up and threw her on the bed.

Did she indicated the lighting?

I can't recall. (Checks report.) Completely dark.

Did she tell you what happened next?

She said she passed out. (Checks.) She tried to get off the bed and he pushed her back down.

Was it at that point that she had passed out?

Correct.

Did she tell you what was happening when she first woke up?

Yes, he was on top of her and inside her.

Did she tell you how he was inside her?

His penis was in her vagina.

Did she tell you what her reaction was?

She told him to get off, she struggled, tried to wiggle away, tried to find something to hit him with.

Did she tell you anything else?

(Checks report.) When she was struggling to be free, he put a pillow on her face.

Did she tell you that she herself pulled a pillow out from under head and tried to put it in his face?

Yes, she did.

And what did he do?

Pushed the pillow down on her face. She couldn't breathe and she thought she was going to die.

At that point did she tell you she was doing to try to get away?

Other than a general struggle and finding something to hit him with, I'd have to check.

Did she tell you she grabbed something to hit him with?

I think the headstand.

Did he react to that?

He choked her until she passed out.

And did he did anything else?

She was trying to wriggle free and he pinned her hands down.

Was she specific about how he was pinning her down?

(Checks report.) He pinned her hands above her head and used the other hand to choke her. (Checks which hand.) His right hand to hold her down, his left to choke her.

Was it at that point she passed out?

Yes.

Did she tell you what had happened once she woke up?

He was sleeping so she got up and crawled into a closet. Or rather, he had left, so she crawled into a closet.

What was she doing there?

She was hiding and she waited for him to fall asleep so she could get away.

Did she tell you how she was hiding in the closet?

She hid behind some clothes.

Did she tell you what else happened.

She tried to crawl away and woke him up. He said what the fuck are you doing, and picked her up and put her back in bed.

Did she tell you when she passed out again?

Yes

And what happened when she woke up?

She couldnt' remember much, but he was in the bathroom, and it's not in the report but he denied having sexual contact with her. She said more and more came back to her.

Did she say when they came back?

(Checks report) More and more as the day went back.

That day?

Yes, correct.

Did she describe to you any symptoms or unusual feelings?

She had bruising and her hands hurt.

She also tell you she felt like she had sex?

Yes.

Did she talk to you about a prior incident with him?

She did, she said it was consensual.

What did she say about it?

I can look, but I think she said it was consensual.

Did she descdribe to you the act that was consensual.

Not specifically. That it was sex. (Asks him to check report.) The prior time he tried to enter her anus and she refused. (Checks again.)

Did she tell you who the first person was that she told about the incident on Apr 25, 2003.

Yeah, a friend. But I'd have to take a look to see the name. (Checks.) Brie Shaffer.

Did JD1 tell you whether or not she told Brie Shaffer that this incident on Apr 25 was forced.

Yes.

What did she say?

(Checks.) Correct myself. She didn't tell Brie that it was forced.

So she did tell her, but not that it was forced.

Correct.

Who was the first person she told that it was forced.

(Checks.) Shaun Fosk?

Shaun Fabos?

Fabos.

Other than telling you verbally, did she also tell someone in writing what happened.

The minister from Scientology, WIT 5.

Julian Swartz?

Yes sir.

How?

Written statement.

In fact, she provided a copy of that to you.

Correct.

And you noted that in your report.

Yes I did.

Did JD1 ever ask you about Mr. Masterson having a gun?

Do you recall had at any time gone into a computer system to see if he was registered?

I don't remember doing that.

It's possible that you could have but you don't remember?

Correct.

Judge Olmedo says we will break here for the day.

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