JANE DOE 1 BREAKS DOWN: Danny Masterson trial, Day 6 Lunch 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.]

Day 6, late morning session

Mueller: We left off with you in the jacuzzi and certain things you were feeling. You said trying to see. What were you feeling.

JD1: I could blurry-see the other two girls. They were talking and I realized I wasn't really following what they were saying. Luke wasn't there, he was geting my stuff.

Did you recognize that this was unusual, the way you were feeling?

Yes.

Were there other people?

Farther away. I smelled smoke, heard voices, but I didn't really see other people but they were there.

What else were you feeling?

My breathing was shallow? And I thought that was not good.

What happened when Luke appeared?

He said here's your drink, your cigarettes. There was some conversation about my phone. I had anxiety about it. I told him I don't feel good. He said he would get me a towel. He said you should get out of the jacuzzi.

Did you?

I tried to get out and I really couldn't. I couldn't pull myself up or balance myself. He had to reach down and help me out, and I told him I don't understand what's going on.

About how much time had passed from having the drink out front, about half of it, to having that experience.

30 to 40 minutes maybe?

Luke ultimately assisted you out. What happened then.

I sat on the tile of the backyard.

How were you dressed?

A bra, tank-top, no pants. My legs were cold, Luke wrapped a towel around me.

What happened then?

I was kind of slumped against Luke. I couldn't sit, I felt like I couldn't believe, thought I was going to throw up. Never felt so nauseous in my life. I was slumping, and he was holding me up. I said I'm going to vomit everywhere.

Had you seen Masterson?

Earlier, when he threw me in.

So he left after he threw you in?

To my knowledge. I didn't see him.

Then what happend.

I heard some swishing, of some shorts. I was saying I can't see, I'm going to throw up. Then I heard Masterson say I'm going to take her to throw up.

How did you react to that?

NO! Just the thought that he was going to take me to stick his finger down his throat. Luke and Danny exchanged words. I couldn't open my eyes.

How did Masterson address you?

He didn't, he was talking to Luke.

What happened?

Danny started to pick me up, Luke said, I'll do it. Then I remember they said something to each other, and then Danny said, "She's my homie, I would never do that. Oh my god." (This line was difficult for her to say, emotional.)

How did you react as he was picking you up?

I was saying leave me alone I'm going to vomit everywhere. Remembers being pulled up and hitting a door as he's carrying her.

When you say you couldn't see what did you mean?

I couldn't see. I thought I lost my vision, and I heard Luke saying, just open your eyes. And it scared me because I thought my eyes were open.

[Photo of an interior stairway.]

They go through the layout of the house. His bedroom at the top of the stairs to the left.

Mueller: You recall feeling that you were being carried up the stairs. What happened when you got there?

He put me down by a toilet, my head was down by the toilet, my hair was over my face. He stuck his fingers down my throat and I started throwing up so much, and on my hair.

[Photo of a bathroom.]

She says there have been changes to the items in the bathroom, but she recognizes it as Masterson's bathroom.

Mueller: As you were throwing up, where was Masterson?

He was behind me, holding me up.

What happened then?

I laid down on that floor (emotional) my face was on the tiles.

How did that feel?

It felt nice because it was cold and I felt safe. I just watned to stay there.

Was Masterson saying anything?

I don't recall.

Were you saying anything?

I don't recall. I could only see and smell and feel. I couldn't see.

What happened next.

I went asleep or unconscious. Some time passed. No way to know, but some time. Then I heard his voice again. He said, so fucking disgusting, you just shot vomit all over your fucking hair.

What did you say?

Leave me here, just leave me here. He said I had to go in the shower. I said no. He dragged me into the shower.

[Photo of the shower]

Again, it looks different now. She remembers tiles, not marble.

Mueller: Did you get into that shower?

I was in that shower. My back was against that wall where the shampoo is.

How did you get into that shower?

He dragged me into that shower.

What were you saying?

No.

What about your clothing.

I didn't have pants on, I know that. I kind of went unconscious in the shower right there, so I don't remember what I Had on top.

What happened when you got in the shower?

I came to. I could feel shower on my head. I was on the floor. My back was against where those two walls meet.

Do you remember getting down into that position?

No. I was pulled there.

Where was Masterson?

In front of me.

Clothed?

I know his chest didn't have anything on it. I could see and I looked down and he was soaping my breasts with his hands. I like swung at his chest and I hit it.

Were you standing or still sitting?

Sitting.

What happened after you punched him in the chest?

I remember him pulling up by my underarms, and telling me to grab the fucking soap. I was trying to slump down, he grabbed my hair and pulled me up. He put the soap in my hand and I dropped it, and he pushed my head down, saying, pick up the fucking soap. Water going on my head. I remember slumping back down. Then I remember the water being off. I went unconscious again.

Other than touching his breast at that time, do you remember him touching any other part of your body?

I don't recall that. Things are very spotty for me here.

Then what happened?

Time passed, and then the water was off. I remember not wanting my hair pulled, and I was trying cooperate. I don't know if I was fully carried, but I remember I wasn't functioning.

Were things changing, feeling the same?

I didn't feel like I had to throw up everywhere. I had no muscle strength. And I could see.

Then what happened?

We got near the bed, and then he pushed me and picked me up on top of the bed.

[Photo of the bedroom.]

JD1: That's the way his room looked, roughly, at the time. I couldn't swear its the bed, but it was positioned there.

Do you recognize the room itself?

Yes, that's his room.

What do you remember next?

I passed out, sometime, I was unconscious.

Tell us the memory you have after waking up in the bed.

The things I absolutely remember, I can't tell you in sequence. (She says she has vivid memories, but can't be certain of the order of them.)

Do you recall waking up on that bed?

Yes.

What do you recall?

When I first woke up, he was on top of me and his penis was inside of me. And that was what I woke up to.

How was your body positioned?

Just laying on my back, flat.

What clothing did you have?

I was wearing no clothing on my body.

Masterson?

It seemed that he had none. I felt his skin. I didn't see or feel any clothing. I felt his pressure on me, his penis was in my vagina, and I remember what I felt, that's it.

How did you react?

I reached up and grabbed the back of his hair. He grabbed my hand off very quickly. He put my hand down. He continued what he was doing, I put my hands back and grabbed a pillow and put it in his face.

Was Mr. Masterson still penetrating you?

Yes.

How did he respond to the pillow?

He shoved it back in my face but harder, with all his body weight on me. Smothered. I could not breathe. (She's emotional.)

Did you say anything to him?

I don't recall. I couldn't breathe.

Did he say anything?

I don't recall. I couldn't breathe.

Then what happened?

I went unconscious.

When you woke up what happened.

When I came to again, he was still on top of me, but there was no pillow on my face.

Then what?

I grabbed his throat.

Was he still fully body weight on you?

Yes.

Were you able to see his face?

Yes.

Can you describe how he felt at that time.

It was so scary. He was so angry. He pulled my hands together and held them. I've never seen him so angry. His face was this close.

Where did his other hand go?

My throat. He squeezed really, really hard.

What were you thinking?

That I was going to die. And that he was going to kill me. (Emotional, crying) I can't do this, I can't do this.

Judge Olmedo calls for a fifteen minute recess.

We all stand for the jury to leave. Then, when they are out, we all sit down. But then the Masterson family group remains standing.

Jane Doe 1 is still upset and emotional at the witness stand as her helper is there.

It's an odd moment. Danny and the family looking at her across the court, still standing for a short time while the rest of us have already sat down.

Not sure what to make of it. They eventually sit down, and Jane Doe 1 leaves the courtroom, still in tears and upset.

I don't want to make too much of it, but it's noticeable.

After the short recess.

Mueller: After Mr. Masterson put his hand on your throat and was squeezing, can you describe the pressure?

Hard.

Were you able to breathe?

No.

Did he say anything?

Yes. He said, (emotional) You like this. You not going to tell fucking Lisa. You're going to tell fucking Paige. I don't remember a name after Lisa and Paige.

How did you feel at that time when he said that?

I don't remember feeling much. It just faded to black.

He said you're not going tell Lisa, Paige, do you know what he meant by that?

I was not going to say anything to Lisa Presley, or Paige Dorian, or Brie Shaffer or anyone else in the group.

Was it your understanding it had something to do with the 2002 incident?

That was my understanding.

What happened then.

Remember a man's voice outside. I remember reaching for something he dropped soemthing in drawer, he grabbed my hand.

What had you seen him drop in there?

A gun. There was noise at the door. I see the gun. He pulls it out, he puts it back in the drawer. I don't know if he's getting up or yelling at the man at the door. I put my hand into the drawer and he slammed it really hard right here against my hand.

Cohen: Noting that she said Masterson pulled out a gun, and she raised her hand up to about eye level.

Mueller: Points out in photo there's are nightstands next to the bed. Are they consistent?

They look consistent in position. (But might be different nightstands.)

Do you remember where your body was positioned on the bed?

My head was where those pillows are. She then goes into a confusing description of how she is trying to describe it where she was there versus the direction looking at it in the photo.

This is so confusing. She was on the left side of the bed, but she's saying right because that's how it looks in the photo.

She's saying he pulled the gun up from the nightstand and was holding it like this: Her right hand is up about head height, sort of holding it sideways.

Did Mr. Masterson ever point that pistol at you?

Not directly at my face.

Where did he point it?

He was holding near the side of the bed, and it was right here (aabout a foot and a half from her face.)'

Did he ever point it at your face?

No. It was dark. But it was right here. It was black metal.

Are you familiar with the difference between a semiautomatic versus an old cowboy kind.

It was not a cowboy old fashioned thing, the more modern version.

Did he ever hit you with it?

No.

Did he point it at your head?

No.

Did he say anything when he was holding the pistol?

"Shut the fuck up." I remember him saying that. This was a heightened moment. Incredibly intense. There's knocking, a man's voice.

And at that sound, that's when he pulled up the gun.

Correct.

And he put the gun back and you reached for it.

Correct.

And that's when he slammed the drawer on your hand?

Correct.

Then what?

Then he said, "Don't fucking move, don't fucking move." Then he got up. "Do you understand?" And I nodded, but I was thinking as soon as he goes I'm going to get up and go. But then I went unconscious.

What did you feel?

Fear.

Fear of what.

Him. Everything.

Then what happened?

Unfortunately then I passed out. I didn't intend to, but I passed out.

What heppened when you came to again?

I told myself, sit up, get up and go, you gotta go. And I couldn't sit up.

So what did you do?

I moved what I could, my arms, rolled my body over the edge of teh floor, crawled on the floor. I was disoriented, touched a door that was open a bit, crawled toward to the door and crawled into what I guess was a closet.

What did you think the door was?

I thought it was a door out. And it was a closet. This part is one memory for me. The waking up and telling myself to get out.

What did you do when you got there?

I pulled up my knees and pulled up some clothes around me.

Mueller refers to photo of bedroom doors.

She crawled into the one on the right of the bed (looking from the foot of the bed.)

[Photo inside the closet.]

Things have changed. Now looks like a small bedroom, but was a closet in 2003.

She describes how she crawled into it and then pulled into a fetus position and pulled up clothes around her.

Were you clothed?

No. My legs were naked. I remember that.

Then what happened?

I lost consciousness again.

What's the next thing you remember.

Startled by his voice shouting my last name. He was in the bedroom. That's what startled me. "Where the fuck are you?"

What did you do?

I pulled my legs tighter, and said to myself, don't breathe, don't breathe, stay awake. I tried not to make a sound.

Were you aware of the time?

It seemed still nighttime to me. There's a window in the closet, and no daytime coming through. Went unconscious again and time passed from hearing him yell my name.

What happened then?

Sometime later, I came to. It was no longer dark. Now there was a grey light. Either overcast or very early. It was not nighttime.

The door, did it remain open or closed?

I don't recall.

When you regained consciousness, did you hear sound?

No, it was very quiet. Peaceful quiet. I was really cold. I didn't wake up realizing where I was. I tried to assess where I was. Then I started crawling out, and when I see the bedroom it starts flashing back what happened and I realize where I am.

In the jacuzzi you were describing a number of symptons. Now, with the grey light in the closet, what were your symptoms.

Dramatically improved, but just really out of it. I didn't want to vomit, I could breathe, I could see.

Then what happened.

I had a flash of what had happened. I saw him in the bed. So I crawled very quietly.

Was he asleep?

As soon as I saw him, I realized where I was. He was aware of me and spoke, "What the fuck are you doing?" He picked me up, carried me and threw me on the bed. "Go the fuck to sleep."

And did you?

I passed out again.

What happened when you regained consiousness.

Much later, more daylight in the room. I don't believe he was there. This is very foggy. An incredibly foggy time.

What did you do?

I looked around, I tried to figure out what happeened. I couldn't formulate a thought. I got up and looked around and found some clothes. I don't remember how I found them, how I got my stuff. I remembered that it was my father's birthday, I wanted to find my phone. I went downstairs to find it.

And you had some clothes on.

Something, but i don't know what it was.

Did you see anyone?

Yes, Luke Watson. He was standing by the front door at that table with the two chairs.

Did you speak to Luke?

Yeah, I tried.

What did you say?

Oh my god, Luke, what happened? He said, "nope, nope." He said we're not talking.

What did you do at that point.

I said just tell me, and he said nope. And I had to go. I had to go to my dad's for his barbecue. And this was my friend I wanted his help.

Did Luke say anything.

He said, Don't say a word, you don't have to say a word, let's go right to the president's office.

What's that?

The president at the Celebrity Centre.

Why did he want you to go there?

That's where I'd get answers. Danny's already been there.

Who was the president?

Susan Watson. She happens to be Luke Watson's mother.

So Luke is a Scientologist?

Like me, a second-generation Scientologist.

What happened?

Luke helped me getting a cab. I know I had that cab to go to Brie's house to get my keys and car and drive straight to the president's office.

You car and overnight bag were at Brie's?

Yes.

And who brought you your keys?

The third roommate, Aubrey Watson.

You said there was a barbecue for your dad. What time was that?

About noon. I was supposed to be home by seven or eight am and no one had heard from me. I had just blown off my dad's birthday. When I get home there's no barbecue and we need to go to the airport. I didn't even know what to say.

This flight that you had to take, what time?

A red eye. From LAX to Tampa. Friday night. Large group of us, family and friends for my father's birthday. He liked to spend a week there in Clearwater. Maybe a dozen people.

Everyone on the same flight?

Yes. My family did this every year.

What did the family say.

They were annoyed. My grandfather was bleeding everywhere.

Why was your grandfather bleeding? (Obj, sustained.)

She was dressed, but she doesn't remember changing clothes. When she arrived at the house, there was no one out by the pool where the barbecue would be.

When you left in the cab and you got to Brie Shaffer's house, was that a direct drive?

Yes.

How long was that drive?

Seemed forever.

How long did it take?

Fifteen minutes?

When you got to Brie's house...

Aubrey was there, she had all my things for me.

Did you talk to her?

No.

You went straight to your father's house?

Yes.

Judge Olmedo: I'm going to stop there for our lunch break.

After the jury left, Karen Goldstein raises an issue, saying that when Jane Doe 1 was upset and her support person came up, they were talking and it was picked up by the microphone and the jury could hear it.

No, Judge Olmedo, said, that didn’t happen. She says the jury was out of the room before the support person (advocate) came up. Mueller agrees.

Olmedo: The only thing I heard Jane Doe 1 doing was crying. And I am sitting three feet from her and I did not hear any conversation.

Mueller says he did not hear any conversation as the jury was leaving.

Olmedo to Goldstein: You can put whatever you want on the record. We’re at recess.

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