JANE DOE 1 BEGINS TESTIMONY: Danny Masterson Re-Trial, Day 9, afternoon break

Afternoon session, Day 9 (Day 5 of testimony), Danny Masterson retrial

Continuing with cross-examination of Jane Doe 3's husband Cedric.

Cohen: Did you speak to anyone over the lunch hour about the substance of your testimony?

Cedric: No.

Did you speak to your wife?

Just to let her know I was at lunch.

Any answers from this morning you want to change?

No.

You said at some point JD3 had told you about the relationship she had with Masterson, correct?

Yes.

When you spoke to Det Vargas, did you tell him that JD3 had told you that he used to pull her hair?

No.

Did you tell him JD3 told you he used to spit on her.

No, I didn't tell him that.

Did you tell him JD3 told you he used derogatory names?

No, I did not.

Did you tell Vargas that she suffered from PTSD?

No, I did not.

You haven't told him that since October?

No.

Did you tell Mr. Mueller? -- (Judge Olmedo: Just ask him if he said it to anyone rahter than ask ten questions.) Cohen now asks about the other incident, that he told him close in time. (Vicki Podberesky's phone goes off. D'oh.) When she told you about this other incident, how close in time was it to the 2010 conversation?

Maybe a couple of months afterwards?

So within a couple of months of the 2010 anal sex conversation, she tells you about a separate incident, the forcible rape charged in this case.

Yes.

Did you previously testify that you did not remember when she told you about some other incident?

Yes.

Did you previously indicate you could not remember if it was before or after going to Austin?

I don't recall.

Would it help to refresh your recollection to take a look at a transcript of some testimony that you gave under oath?

Yes. (Checks transcript)

Were you previously asked about this prior incident before or after she went to Austin PD? And your recollection is now you don't recall whether she told you this other incident before she went to Austin PD?

I can recall it now.

What do you recall now?

That it was close in time to the 2010 conversation.

Do you recall being asked under oath in 2022 about this other incident before she interviewed with LAPD in 2017?

I don't recall. (Checks transcript)

Do you recall now whether she had told you before or after she spoke to LAPD in 2017?

No, I don't. I'm feeling really confused even looking at this. I know I'm not supposed to be asking her about what I said... (Obj, sustained, don't offer comments)

(Asks again, after checking transcript, of when he was told about the November incident.)

I am getting a little confused, I'm sorry.

Do you remember being asked that question? Do you recall saying you don't know if it was before or after June 2017?

Yes.

In interview with Vargas in 2022, no mention of the charged incident?

Yes.

No further questions.

REDIRECT

Anson: The talk with Vargas in 2022 was on the phone?

Yes. I was in Omaha and a day off on tour with my band.

Was it just you on the phone?

Just me on the phone with him in my hotel room.

How long had you been on tour before that day off?

Maybe two weeks?

And was JD3 on tour with you?

No she was not.

When you spoke to Vargas, the words you were describing to him about the disclosure in 2010, could you tell us about the words you were using. (Judge: Rephrase.) Were you giving Det Vargas a word-for-word description of what she told you in 2010.

I would say it was my summation if having to sift through so many incidents. It's a lot of information, and especially at that time I know not to say certain things so that it will come off like I'm contaminating the case. So I was only talking about what we said in that original conversation. I was being very careful.

Why did you only describe the unconscious sodomy and not the other things? (Obj, overruled)

Because that's the way I was asked. So I stuck to what our convo was in 2010. Are there a bunch of other things? Yeah, there definitely is.

So in that talk, the question was, what was disclosed in that 2010 talk?

Yes.

And you only told him what he had called to talk about?

Yes.

In reviewing the document, did I write every single word in that document?

I spoke it.

Is every word you spoke to him in it?

Yes.

So every word you used is in this report?

Yes, I believe so. I'm getting confused, I'm sorry.

You said it was a brief conversation (Obj, sustained) What are you confused about?

I'm confused as to I'm elaborating more on other things my wife might have told me. But I said what I said on the conversation and it's all documented there.

You said when you were talking to JD3 in that first conversation, you felt she was holding back.

She was displaying this mannikin-like demeanor. Eye contact was very little, it was as if she were controlled by remote in her answered. And how she would even justify the incident. It felt that she was holding back. I had this intuition that she was holding back. (Obj, overruled) I think usually in exchanges, or arguments even with adults, you don't say exactly what's on your mind, you maybe feel vulnerable. and I knew it wasn't just us arguing over a former relationship, I sensed that something was wrong and I wanted to get to the core of it, as adults.

No further questions.

RECROSS

Cohen: do you have a vivid recollection of this mannikin-like state?

Yes… It reminds me of what the church teaches as the state of Clear.

You were on tour, and that can be a tiring experience?

Yes.

Is it your position that you might have been too tired to Vargas to mention the charged rape in this case (Obj, sustained) Did your level of tiredness affect your conversation?

No because it was a time of day when I'd gotten enough sleep.

No further questions.

Cohen asks to keep Cedric on call, but Judge Olmedo says she's not going to deal with that right now, and she excuses him.

Judge Olmedo reads the admonition to the jury about that in any mention of stalking or harassment, but there is no evidence of Masterson being involved in that harassment.

The People call Jane Doe 1.

(Jane Doe 1 arrives with Leah Remini as one of her support people.)

Mueller: I want to begin if you know a person named Danny Masterson.

Jane Doe 1: Yes.

Would you please point to that person and a description of what he's wearing.

Blue suit and a blue tie.

When did you first meet him?

1997, I remember meeting.

What were the circumstances.

On a softball team, on a field. I wasn't playing.

How old were you?

I was in my twenties.

Early twenties?

Yes.

After that did you have contact with him?

Yes. It might be through friends that were mutual. Art shows. But mostly through the Church of Scientology events and gatherings.

Were you a member?

Correct.

How long had you been a member?

I was born into it. Sometimes referred to as "second-generation"

Did you share a group of friends?

Yes.

When you first met, and had a group of friends, were there times when you and the defendant would all socialize together?

Yes.

Would that include going out to clubs, restaurants?

Yes.

What about times where you might go to his home, did that happen?

Yes. It could be a birthday party, or through my friends' work. I was friends with his assistant, Brie Shaffer.

Assistant in what way?

Personal assistant, and they were also best friends.

Would you socialize at your home?

Yes. The first time I remember after a softball game, my fiance at the time, they were at a poker table.

And church activities?

Correct.

Prior to Sept 2002, how would you describe your relationship?

Cordial. Friend of a friend. We just traveled in the same circles.

You mentioned some names. I want to show you some photos.

(Photo of JD1) Recognize that?

Yes, that's me.

Do you know what year was taken?

2002 or 2003.

You were how old?

27, 28?

(Photo of Brie Shaffer) Do you recognize that?

That's Brie Shaffer.

Is this how she appeared, roughly, around the early 2000s?

Yes.

What was your relationship with her at that time, around 2002.

Very close. I considered her my best friend. I loved her.

Sept of 2002, at that time, was there an incident that occurred with you and the defendant that impacted your relationhips with him?

There was.

Where did that occur?

At his house.

Is that a house on Hollymont Drive?

6227?

I don't know the number.

(Photo of the house) What is this?

That's his house at the time.

What had occurred earlier in the evening that led up to this incident. Did you at some point meet Mr. Masterson earlier in the day.

Yes.

How did that happen.

It was in the evening, between 10 and 11, could have been 9. A group setting at the Vista Theater.

(Photo of the Vista Theater) What is that?

That's the theater.

Who all was supposed to go.

Ben Shulman, Masterson, Brie, Mattias, it would be a large group, maybe 15 names.

Some kind of show?

Some small screening, not a big thing. A low-budget thing someone had done.

You said it was 10 or 11?

9, 10 or 11.

Was Masterson there?

Yes, I was late. Brie and Mattias were not there.

Was she supposed to be there?

Yes, I was meeting her there.

And you went someplace else?

The Lucky Bar next door, the plan was to go there after.

Walking distance?

It's steps away. I don't know if they share walls.

How did you get to the Vista?

I drove myself.

Who all was supposed to go with you to the Lucky Bar?

The same group. A large group of regulars.

What happened after the screening?

Brie still wasn’t there, so I went outside and called her.

Why were you calling her?

The plan was that I would drive there, and she and Mattias were supposed to be there.

Who is Mattias?

Her boyfriend or husband. They were fighting.

Why did you ask if she was going to show up?

I had said to her something that made her, I told her I was going to have a drink for the first time in nine months on course. She said great, I'll drive.

So she was to be your designated driver.

Yes.

What kind of courses?

Scientology services. You can't have alcohol for 24 hours before services.

So what did she tell you?

She said to go to the Lucky Bar and have a drink and she would meet me there.

(Photo inside Lucky Bar) What is that?

I recognize that to be the Lucky Bar.

What happened.

I walked past the bar to this table, and this group was there, and Danny was there, and he had a drink waiting for me. A greyhound.

You were familiar with that kind of drink?

Yes.

Did you drink it?

Yes.

All of it?

Yes.

Any more drinks?

There was a second round. I went to the bathroom and there was one waiting for me.

Did you drink it?

I started to. It seemed stronger and really bitter. It was a very strong drink, some time went by I went to the restroom.

So how were you feeling?

My motor skills were really off. I remember it was a really old building, and the bathroom door I sort of missed it, clumsy, and I was whoa I'm drunk.

What happened next?

I get back to the table and he said Brie wasn't coming, but I could crash at his guest room. When he said she wasn't coming I started t panic.

Why?

Because I couldn't drive and I didn’t have a backup.

Was there anything about him saying you could stay at his house that caused concern?

No. The guest room was sort of a crash place for friends. I was someone he would say 'this is my homie.' It didn't feel like it would be anything more than that.

Did you get any sense from him that he felt there was more to it?

No, he had been crass, but he could be very drunk and vulgar, but that was when he was in a very dark place. I'd seen that a couple of times that year....When I was drunk I went out back and I tried to call Brie.

Do you recall reaching Brie by phone when you went outside when you learned she wasn't coming?

No.

What happened next.

We got in his car, having cigarettes, he had the windows down. I remember the music was really loud.

Long drive, short drive?

I don’t know how to answer that, it's LA.

Was it just the two of you?

Yes.

Was there anything during the course of the drive that concerned you?

None that sticks out right now. I just remember really loud music.

When you get to his house, how did you feel?

Whoo. Very drunk.

The quantity you had, was it consistent with how you were feeling?

It wasn't, and I said something to him about. I made a comment, I knew it was a long time since I'd had it, but he said, "Oh the second was a triple. Oops."

What happened when you got there.

The garage you see there, we parked in front of it. And I tried to get up those stairs, they wind up the hill, but I was not performing well. It's a bit of a climb, and really dark.

How were you feeling?

It was a super challenge. It was an actual challenge and I kept tripping. And he kept telling me to be quiet, I kept laughing and I was apparently very loud.

What happened when you got to the top.

There's a landing there, and I lit up a cigarette because we made it to the top.

(Color photo of stairs, landing area) Recognize that?

That's his house, that's the outside... (they describe stairs and landings and doors.)

What did you do when you got inside?

He handed me a glass, I think it was water. But sitting here today I am not sure.

Did you drink it?

I think I did. This is very blurry.

Then what?

I started to go left, off of the kitchen as you walk in the door.

(Photo of interior) Recognize this?

(Shows the area coming in the front door. Describes layout of the house.)

When you tried to turn left, what happened?

He pulled me toward the stairs, grabbed arms, pulled me that way. I was pointing toward the guest room, but he was pushing me, there's a term in Scientology -- controlling the body. That's what it felt like.

Was he saying anything?

"Come on, this way."

Where was he guiding you?

It's very blurry but we go up these stairs, then there's another set of stairs, up to his bedroom. We end up kissing, and I was saying this is stupid what are we doing.

What happened there.

I'm really tired, I just want to go to sleep. But there's stuff I could never imagine us doing together, kissing. I'd laugh a lot, saying this is stupid. I was really tired.

Was there any discussion about being intimate before?

No.

Any cues you had recognized?

No.

What happened then.

I recall him having intercourse with m> I wasn't saying no. I wasn't laughing. I would recognize his face and say, this is so stupid.

Do you recall any details of how that got initiated?

No, not really.

Do you remember how you were?

I was on my back.

When you say intercourse, do you mean vaginal sex?

Yes.

Did it become something different?

Yes.

Can you tell us about that?

At some point I fell asleep and I woke up on my stomach. My feet were touching the ground, but I was on my stomach on the bed. And there was a sharp pain, I cam to to a strong pain in my nus that was so strong, and a pain on my right side, and pulled away from the pain. I just came to with this incredibly sharp pain. And I pulled away and I said No! and that's how it ended.

Did you feel penetration?

Yes.

Where?

In my anus.

Did you look back?

No, not that I recall.

Do you recall sounds?

Besides the pain, were you feeling anything else, to your body?

Like a jolt of like the sharpest pain I've ever experience, like through my whole body.

What did you understand was happening?

felt like something was burning in my rectum, and it felt like a stabbing.

Did you feel like your body was being held at all?

I don't have a recollection of being held.

What happened then?

As I pulled away, I grabbed a sheet and pulled it away, and it seemed I pull away far enough that it, whatever it was, couldn't get inside me. I couldn’t tell you how I know it was him, but I knew it was him.

Pulling away, did the pain then stop.

The stabbing was over but the pain didn't go away.

Were you still on your stomach. yeah, that's where I fell asleep again. And he wasn't doing anything more to me. Eventually I rolled over on my side and slept.

When you rolled over, did you see the defendant?

I don't have a distinct memory of him, I feel like it's an assumption. As I'm sitting here I don't remember seeing him. I just remember the pain over and surviving the pain and being in shock.

When you woke up again, what happened.

I remember being in the house the next day.

Was he there?

No, he wasn't there.

Were you alone in the house?

To my knowledge I was.

What did you do?

I called a friend, Vanessa Poole (Mooney) and she came to get me.

When is the next time you had contact with him?

That I recall, a phone call. Days or a couple of weeks.

Did you tell Vanessa Poole what happened?

Limited. I didn't talk about the last thing. I was limited in what I felt comfortable sharing. I had never had something like that happened. Not details.

How were you feeling after that, emotionally.

Confused. A little hurt. Stunned. and really really ashamed.

What about to your body?

I was in a lot of pain on my right side, I had to go to my doctor. I had a discharge, loose, I had stuff happening in the bathroom. It burned for days.

I know this is sensitive, but when you say discharge, from what part of your body.

My anus.

And any bleeding.

A little.

From where?

My anus.

Did you got to a doctor?

I did.

Was there treatment?

Not a surgery, but I had an adjustment to my back. He was an osteopath. He told me to apply ice. (Obj, rephrase)

Did you tell the doctor what had occurred?

Not the last part.

Was there medication prescribed?

No, it doesn't really take medication.

Did you have rectal pain before going to his home?

No.

You have this close group of friends. Did they find out what happened?

Yes.

Who found out?

Most all of them, eventually. But it started with my closest friends.

Including Brie Shaffer?

Yes.

Did you yourself tell others, including Brie Shaffer? (Obj...)

Judge Olmedo: OK, we'll take our afternoon break at this point.

Cohen argues briefly with the judge about cutting off his multiple-questions trick with Cedric, but she reads him the riot act, a bit. But nothing we haven’t already seen between these two.

---

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