After lunch session, Day 11 (Day 7 of testimony), Danny Masterson retrial
Continuing with the cross-examination of Jane Doe 1.
Cohen: We had left off with Danny asked you whether you wanted a drink, and you said vodka something. And you wanted that drink to get some sleep?
Jane Doe 1: It was to get him to stop berating me, and it was loud and I wanted to be able to lie down and sleep.
So he had been berating you up to that time?
No, he said it as a command, what are you drinking.
Have you ever made any mention to LAPD or DAs that you took this drink because you felt compelled and to get him not to berate you?
I don't know everything I've said in a hundred hours, but I said I answered him when he said what are you drinking, it wasn't a question.
Did you tell Det Reyes, when Danny asked you that you said "I'm not drinking."
I don't recall that.
Would it help you to refresh...
No, because I don't remember saying that. I feel like it's saying the same thing, however. If I say I'm not drinking, he would say, WHAT are you drinking. I felt berated.
So if you said I'll have a vodka something, it’s the same as saying I'm not drinking?
I'm saying, it was pressure to say something. I can look at it, it probably is more of what I'm getting at. It wasn't an option to say no.
Is it possible that your recollection of that night is not very clear?
I know I was raped.
So you take the drink from Danny.
I do.
Does one drink help you get to sleep?
It wasn't to knock me out. It was a command from him. I could take the drink, have a couple of sips, relax, and then go sleep in the guest room. There were already 20 people there, so it wasn't going to be easy. There were people in the front, people in the back. Some I knew the names, some I didn't know the name.
Was that the first drink of the night? When was it?
Yes. Between 1:30 to 1:45 I put that drink at.
Had you been to a club prior to going to Danny's house?
No, we went outside of a club for five minutes for one girl to use the restroom. It was a five-minute stop. It was a club that closed early, that's how I knew the time, and Jenni knew someone there.
Did you tell Ofc Schlagel in 2004 that you had been out to a club with some friends.
No. I did not have an easy time with Schlagel. He didn't think I was speaking English.
Did you tell him that you had been with friends which included Luke Watson?
I would have.
And that included Jenni Weinman.
I would have.
Did you make any mention to Schlagel that you had been out with your mom, your day, your family members. (Hard to understand, so he rephreses: You went out earlier to dinner, was your family there?)
No. His mother was there.
So Danny returns with a drink. He hands you the drink while you're on that front porch.
Correct.
How do you know it was Welch's fruit punch.
I have a distinct memory of the container, but I haven't been able to place it, and it was dripping condensation. and I've never been able to fit that image into any of the memory bubbles.
He comes back about 20 minutes later (Maybe 15), and says "You're going in the jacuzzi."
Correct.
And he pulls you out of your chair, no strength ("Little strength."), light-headed, and Danny then starts pulling you through the door.
That's correct.
He is pulling you against your will.
Yes.
Grabbing you by the wrists.
That's one place he was grabbing me. I sat down and back to be on the floor, and he kept puling me, my butt was sliding on the wood floor
And you were screaming?
I don't think I was screaming, I was saying NO! Screaming to me is a sound a baby makes. But I was saying no.
You testified previously in October, do you recall being asked, while you were being dragged that you ended up screaming?
No.
Yelling?
That's pretty accurate, yelling No.
And at this point you're in a panic.
Yes.
And there's a slew of people around.
There's various people.
And this is very vivid.
Yes.
And it was scary.
Not scary like scary movie scary. But I know he throws you in.
Do you remember being asked in October, this is scary, remember what your answer was?
No.
Would it help to refresh...
No.
(Judge Olmedo allows him to show her the transcript.) Do you recall what your answer was?
I didn't say it was scary, you did.
JD1, you were asked this was very scary, right? And you said yeah.
I clarified what scary meant. It wasn't my word it was yours. I never said scary, you said it.
I believe Danny then carries you to the jacuzzi and pushes you in.
When he gets me to the ledge of it, yes.
Do you remember what you told Ofc Schlagel about the drink and getting into the jacuzzi?
I don't recall.
Do you recall telling him that Masterson had mixed a drink, 12 ounce vodka and fruit punch. Do you remember telling him that you took the drink from the kitchen to the outside yard?
No.
Did you tell him that?
I don't recall saying that.
Is it true?
I don't remember saying that.
My question is, is it true?
No.
Did you ever make any mention to Officer Schlagel about being grabbed and dragged through the living room up the stairs.
I would have summarized how I got there, that I went against my will to the jacuzzi. And I would have described my reluctance and why.
Did you get the drink from Danny in the kitchen?
No.
Is that how you know it was Welch's?
No.
When you spoke to Det Myers two days later in June 2004, you talked to her about the jacuzzi.
I don't have a distinct memory of it, it was a phone call and I don't have a visual of her. It was a phone call 20 years ago.
Did you tell her that you had one drink and then "got" into the jacuzzi?
I don't think I would have ever said that.
Judge Olmedo asks the jury to go into the jury room. And she asks Jane Doe 1 to go out for a moment.
Judge: Mr. Cohen, the witness is now saying she doesn't remember those conversations. You're impeaching her with things she doesn't even remember. At this point the court is going to limit the questions as far as trying to impeach her about those conversations. You can bring that in through the officers. (Cohen says he is happy to do that.)
Jury and witness come back out.
Cohen: How much of the drink that you obtained, did you drink.
Jane Doe 1: Some of it, I sipped on it. Maybe half.
When you spoke to Det Reyes, in 2017, about this drink, did you tell her I don't know how much you drank?
I said that, but that was before I found the reports Luke and Danny and I wrote. I knew I didn't finish it. [This appears to be references to reports written in Scientology — ed.]
Did you say to Det Reyes I don't know how much I drank.
Well I said that, but I...
Did you say to her you don't know how much I drank, Yes or no.
I don't know if it was yes or no.
Did you ever indicate to Det Schlegel how much you had.
I know I didn't finish it.
My question is, did you tell Det Schlegel you don't know how much you had.
As I sit here I don't know.
You're saying now that you know how much you drank is by reviewing something written by Danny.
I got all of the reports, his, my mothers, Brie's.
Was your mother ever there at Danny's house that night?
She was not.
Danny wrote a statement that he had intercourse... (Obj, sustained) One of the things you relied on was Danny's report.
(She said that was one thing she took from the report, that it was disgusting and she can't quote it. Cohen asks her to.) He said my vagina was so dry... (Judge Olmedo stops her. The court is not allowing in the statement, it's hearsay.)
When you were in the jacuzzi, there were two other women in there.
They were in before me.
Was Luke in there with you?
No, he was next to me.
DO you remember talking to Mueller with respect to the jacuzzi.
Not distinctly.
Before you got into the jacuzzi, you said you were already feeling ill, is that right?
Well, I'm sorry. Can I have a moment for a second. Well? Did you say I wasn't feeling well?
Yes.
I didn't feel good.
Did you ever make any mention to either LAPD officer in 2004 that you felt ill prior to getting into the jacuzzi.
I don't recall that.
But it is factually correct that you felt ill before you got into the jacuzzi.
Felt sick? No. I had no strength, but I don't remember feeling ill, as I sit here today.
You remembered the water temperature from April 2003?
No.
You have no recollection of what the water temperature was.
That's not correct.
So you do have information about the water temperature.
Well, yeah, it wasn't ice cold.
When was it you took note of the temperature.
When I was in it, and that it was warm.
Did you tell any LAPD officer about the water temperature?
I don't recall.
Do you remember that the first time you mentioned the water temperature was after 2021?
I don't know what you're asking, I'm sorry.
From the jacuzzi, Danny carried you into the house, correct?
Correct. Sorry, I misspoke. I was on the tile.
When you say the tile, the tile surrounding the jacuzzi.
Outside, I could point it out.
(Photo of backyard.) Can you show us with the pointer?
(She points out where the jacuzzi was in 2003. She can't be certain which tiles nearby she was on.)
Regardless of the exact starting point, Danny picks you up and carries you from those tiles.
Correct.
And you have a detailed recollection of being carried.
Best I'm able to.
Hand on your butt, hand on your back and completely off the ground.
I do remember being completely of being off the ground.
Could your memory be wrong?
It could be slightly off.
Like a hand on your upper back instead of your lower back?
OK.
When you met with Ofc Schlagel in 2004, did you tell him that Danny had helped you into the house?
No.
Moving from the house inside, do you have a specific recollection of his carrying you upstairs?
The part I've testified to, absolutely. Being carried up the stairs, absolutely I do.
Did you tell Officer Schlagel that Danny carried you upstairs? Did you tell him that he guided you up the stairs?
I was not used to someone who didn't speak Scientologese. "8C" was the term I would have used.
Did you tell Ofc Schlagel that Danny had "guided" you up the stairs? (Asked and answered.)
While he was carrying you upstairs, did you call your dad?
I did.
And did you leave a voice mail?
I did.
Do you have that voice mail?
No.
Did your dad have that voice mail?
Yes.
When did he pass?
2010.
(He asks if she told Reyes about the voice mail. Jane Doe 1, referring to the voice mail says, "Luke's voice was in it." But she seems to be referring to a different time when Luke and Danny were carrying her up stairs. Very confusing.)
Are there medical records (of 2002)?
There are.
Did you turn them over?
I gave the name of the doctor.
Separate from the name of the doctor,
I feel that's so unfair. I 've offered it to you, to your previous counsel. I gave permission. You asked me the same thing in October. I spelled the name.
Judge: The father may have had a voice mail call, made in 2003, but you don't establish that it still exists in 2017, so asking if she provided it, you haven't established it as still existing. and as for medical records, it's a vague term. A medical record for a sexual assault could be a rape kit, and that isn't the case here. She said she went to a chiropractor for pulled muscle. We're not here for discovery. I'm not inclined for this to go further.
Cohen. this is regarding 2002. She testified that she had oozing, she had pain, all stemming form 2002. On direct she said she'd gone to a doctor.
Judge. Not for the sex. She said her right side was hurting her, and it sounded like a chiropractor to me.
Cohen: I think the implication was different otherwise why would Mueller ask it.
Judge: I'm not saying it wasn't related, I'm saying it wasn't related to the sex.
Cohen: I think it's relevant and her response is vague. She’s just testified that she's offered to sign a waiver and I've not taken her up on it. It couldn't be further than the truth.
Judge: Your subpoenas said nothing about medical records. Be that as it may, we are not here for discovery. And I will say, I even have a problem following your questions because you keep skipping back and forth between 2002 and 2003. that may be your questioning style.
Cohen: The only thing I'd like to get clarity on, JD1 never offered to me to get access to medical records. I think this goes to credibility. That never happened. I could talk to the government about a stipulation.
Judge: I understand your concern. I will go over with the court reporter the testimony on that, and you and government can go over things together.
Mueller: I do believe at the prior proceeding, she indicated she had some records and she offered to make them available. And the defense has not issued a subpoena on that.
Judge: If there had been subpoenas for medical records I'm not sure I would have issued that because of privacy concerns. I just want to make sure there's a foundation for a voice mail existing, and on medical records, that we're not implying rape kit which is not in this case.
Brings in jury and witness.
Cohen: In the bathroom upstairs, Danny offered to stick his finger down his throat - did he stick his finder down your throat?
Jane Doe 1: Yes.
Did you tell Schlagel that?
I would have said that. I don't have a distinct memory of his face and saying those words.
And you think that because that's one of the things that really stuck out for you?
That's one of the things, yes. I know that I would have because it was so prominent.
You told him things that were prominent?
I'm sure I would have told him. I also would have shared things that weren't prominent. I would have definitely wanted to indicate that to him.
In the shower in 2003, you said Danny said, “you're disgusting, covered in vomit.”
The word disgusting, and covered in vomit, definitely.
When you testified to it yesterday, you lowered your voice like a man's voice. (Judge: Her testimony speaks for itself ask another question.) Another thing he said, you’re not going to fucking tell anyone.
Yes.
Did you tell Schlagel about "disgusting, covered in vomit."
I would have.
Would it refresh your recollection...
I doubt it.
Did you tell Schlagel about Danny saying, "Your'e not going to tell anybody."
I don't know.
When you went from the shower into the bedroom, do you remember the lighting in the bedroom?
There wasn't much, almost zero. No lights on above, no lamp on.
Was there some lighting?
There was some coming in from the hallway or closet, somewhere.
Would you describe the lighting in the room as pitch black.
I think until your eyes acclimate yes, you'd say pitch black. but if you were in it more than a minute you'd know where things are.
If I was to ask you today, what was the lighting after a minute.
I don't really recall, I hit the bed and passed out.
Did you tell Reyes that it was really pitch black?
I don't remember but it sounds accurate/
Was it so pitch black, when you were crawling you couldn't even see where you were going?
I guess that's not accurate, because there's a door with a light in the closet, but generally it was hard to get your bearings. I thought it was a door going outside, but it was a closet.
When you say it's not accurate, area you saying you never told Reyes that?
Was that a summary? It would be accurate.
You referenced a summary. You interviewed with Reyes in January 2017 for a number of hours.
She came to my house with a Det Viegas for several hours.
And she gave you whatever time you needed to answer.
To some extent I would say.
To some exetent no?
To some extent no.
Whatever you said to Det Reyes in Jan 2017, from your position, would have been accurate.
I was being as forthcoming as I could.
The lighting, with Reyes, did you say, “It was so pitch black I didn't know where I was going.”
That sounds reasonable.
And it would have remained that pitch black util sometime the next morning.
No.
Is one of the things that is vivid for you is seeing Danny's face, and what you previously descried as a look of hate?
Yes.
And that was in the same room we're talking about, yes?
Yes.
Do you know the color of the gun that you spoke about?
Black, not shiny. Metal.
And handgun?
I'm not a gun expert, but it's not a rifle, not something huge. It was something you could hold in one hand.
Now seeing that gun, was it something prominent for you?
Yes.
Etched in your memory?
Yeah.
Did he point it at you?
He held the gun up, I didn't see the barrel in my direction.
He pointed the gun at you, correct?
Yes.
In fact, he held the gun like a, some type of particular way with his hand?
Not the way you're motioning.
How did he hold it.
Like this. (She holds her right hand aimed about 45 degrees to the ground, elbow bent 90 degrees.)
And where were you?
The headboard was behind me, my back was on the bed.
And Masterson is straddling over you?
I couldn't see where his body was, but I saw his hand holding the gun. I don't see him straddling me.
And then the gun is pointing down at you.
If you show me the picture of the nightstand I can show you where it was.
(Puts up photo)
My head is here (pillows, by headboard, right side), this is the nightstand (on the right side), his hand went here (the drawer).
Is the room still pitch black?
Well there's no light on, but (she points to right side of picture, showing some light coming in from outside.) The room was still pitch black, there was some light streaming in.
Judge Olmedo: We'll take our afternoon break.
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“I was not used to someone who didn't speak Scientologese” is a great line. Can anyone explain what ‘8C’?
Is it just as frustrating listening to her have to answer whether she said exactly the same thing to a detective 20 years ago as she said yesterday on direct examination as it is to read about it?