FRIEND OF JANE DOE 2 TESTIFIES: Danny Masterson Trial, Day 19, 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 morning session.

We're waiting for the witness. Judge Olmedo says attorneys from both sides are talking to her before she comes into the courtroom.

Judge Olmedo is joking about making small talk, and says she told us at the very beginning that she'd talk to anyone.

Mackenzie Phillips speaks up: Are we allowed to talk to you? Judge Olmedo smiles and says that she understands but it's probably not a good idea. It was a friendly exchange.

Cohen says Rachel Smith is another fresh complaint witness for JD2. We just heard a fresh complaint witness for her. By my count we're up to three, perhaps four.

Anson: This is witness is also a prior consistent statement witness. (Regarding Tricia Vessey and not just JD2).

Cohen: I think Tricia was a fresh complaint witness. To the extent that it's a prior consistent statements, we've heard those. (He's arguing its redundant and time issue.)

Olmedo: Over defense's objection the court will allow Ms. Smith to testify.

She's on her way. Jury is in.

Rachel Smith is sworn in.

Anson: How are you feeling today.

I'm sad. We were all friends and I don't know how things got here. And it's very surreal.

Do you want to be here testifying?

I do not.

Do you know someone named [Jane Doe 2].

Yes. I knew her in 2002-2003.

How did you meet her?

We ran in the same circles. And then she moved next to me and we were inseparable for a while.

When was that?

I think it was in 2002.

Do you know Mr. Masterson.

He's there.

What is he wearing.

A navy blue blazer and lighter blue tie.

How did you know him?

Same friend group. I've known him since the early 1990s.

You knew him before JD2?

Correct, I've known him since he was a teenager.

How would you describe your relationship?

Different core cliques. I was definitely more on fringes. Saw him at parties.

JD2 moved next door to you, did the two of you have a conversation about Mr. Masterson that upset her?

Yes.

What year did that occur?

In 2003.

Did you have that JD2 in person?

In person.

Where?

At my apartment.

How did it start?

Well, she was quite confused. And she just told me that they she went over to his place and he was very demanding about that. And it was kind of intriguing. She thought it might be fun. And she said she begged him not to have sex, and the nex thin she knew it was really rough, like a jackhammer.

And when you say it was rough.

The sex.

What was her demeanor?

She was dazed. I think she was a little out of it. I think she was trying to process what happened.

How long was it?

I don’t know. We did a lot of talking.

Sometimes after, did her behavior change?

yes. She began acting very erratic. Sort of more needy. One time she showed up at my place crying at 4 am. She became kind of a handful.

And this was after the conversation.

Yes.

As a result, did that change your relationship?

Yes.

At what time period did your friendship change with her?

It was at the very end of 2003.

Since that time, from 2003 till about when do you start to communicate again.

My sister told me she was one of the victims in this trial. (Olmedo gives admonition about truth of the matter)

What did you do with JD2

I called her and said we had this conversation when she and Danny went out and is that she was talking about.

And what was her response?

She asked me to speak to the DA's office, to Det Vargas.

Did you do that?

Yes.

When you first got in contact with her, after this long period time, about what time did you first get in touch after stopping the relationship.

Probably 2017, 2018 in there.

And can you describe the relationship?

We did some catching up and then drifted apart. She reached out to me a hear and a half ago when my mom passed.

Did you talk to her during this trial?

No.

When she called, did you give her more detail about the conversation?

No. She said she didn't want to talk about the details.

Currently a member of Scientology?

No.

In the past were you

I was raised in it.

In 2002-2002, did you know she was a member?

Yes.

You mentioned about how you didn't want to testify.

Correct.

Do you have any fears about testifying.

Yes.

Is that related to the Church of Scientology.

Yes.

No further questions.

CROSS-EXAMINATION

Cohen: You indicated the conversation you had with JD2 was in early 2003, and in early 2003 she told you what had happened with Masterson, is that correct.

Yes.

I thought you said then you were inseparable:?

Correct.

When she told you, she said he had commanded her to come over.

Yes.

Did she tell you that before going she called her mom?

No.

Did she tell you that she was very excited to see him?

No.

Did she tell you that when she saw him she wanted romance?

I don't know.

Did she tell you that she was ok with him fingering her?

No.

Did she tell you that she stayed to 6 am?

I don't remember.

Did she tell you she thought they were going to start dating?

I don't remember.

Did she tell you she waited three or four days for him to text her?

I don't remember.

Did she tell you that she asked him to set her up with a friend of his?

No.

Did you tell Det Vargas that your takeaway was not that Masterson had raped her?

Yes, but, can I say something?

And you were truthful with Det Vargas.

Yes.

REDIRECT

Anson: How has your takeaway changed?

Based on my upbringing, things like that didn't happen. Danny was an old friend and an opinion leader, he was a catch. That just wasn't going to happen. And I just normalized it. I just thought they had had a sort of fling, and he had just used her. I thought that was douchey. But my belief system was anything negative happens to you, you created it. I didn't put it together. It just went right over my head.

Have your belief systems changed?

Yes.

And you have a different view of that than you did then?

Yes.

RE-CROSS

Cohen: When you talked to Det Vargas, that was in 2017, correct?

Yes. I was speaking of my takeaway at the time, in 2003.

And you told him it wasn't rape.

I meant that was my takeaway in 2003.

You used the word fling?

That would be my word.

And you said proviously you had called JD2 about how "she and Danny went out."

I called her in 2017, yeah.

Nothing further your honor.

She's excused.

We're breaking for today, and it will be Monday at 9:30 am.

Olmedo asks Mueller if there are any more witnesses, but he says no.

At 9 am if there are any motions, will do it then. At that point have any defense witnesses ready, if none, I will ask Mr. Masterson if he wants to testify. If there are no witnesses I will ask him about that outside the presence of the jurors.

If there are no defense witnesses, and I am not asking you to tell me now, have a packet of jury instructions ready to go Monday morning.

If that's how it turns out I will let the jury know we are ahead of schedule, I will tell them about it Monday afternoon and we will have arguments on Tuesday.

Now they're going over the number of admonitions and stipulations they need.

People, we will have you rest in front of the jurors. If there are any more witnesses, let us know. Both sides be talking to each other about witnesses.

Judge Olmedo put all of it in terms of if, if, if. But she just laid out a scenario where the prosecution would rest Monday morning, defense would call no witnesses, and closing arguments would happen on Tuesday.

We didn't get an indication from either the prosecution or defense if it would unfold that way, or if they would call further witnesses. But so far, what Judge Olmedo has predicted has generally come true.

We shall see on Monday!

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